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When Can I Take Legal Action?

Statute of Limitations for a Birth Injury Suit

Unlike other personal injury or medical malpractice lawsuits, filing an action against a doctor, nurse or other medical professional who contributed to a child's birth injury can be done up until two years after the child's 18th birthday. Although there is a longer statute of limitations in a birth injury suit, it is important to speak with an attorney as soon as you realize that negligence may have contributed to the illness or disability.

Taking legal action against the at-fault party often requires a substantial amount of evidence and medical records to demonstrate that the birth injury was directly related to the incompetent act. Waiting too long to file a lawsuit may cause important evidence to disappear or become too outdated to be useful in a medical malpractice suit.

When Can I File a Birth Injury Suit?

Several elements must be met to file a birth injury lawsuit against a doctor, nurse or medical professional. To understand whether you have a case, you must examine these elements:

  • Was there a doctor-patient relationship?
  • Did the doctor or other medical professional act negligently? Negligence in a birth injury can be a delayed reaction to fetal distress, a failure to perform a C-section or a failure to warn of the risks of a high-risk pregnancy.
  • Was the birth injury a direct result of the negligence?
  • Is there compensable harm due to the birth injury?

Once the elements have been fulfilled, parents can file a suit on behalf of a child with a birth injury with the assistance of a knowledgeable lawyer.

Learn More About Taking Legal Action

The Birth Injury Team is a subsidiary of Silvers, Langsam & Weitzman, P.C., made up of experienced attorneys and medical professionals. Our lawyers have more than 100 years of combined experience handling birth injury cases. To discuss your child's birth injury with one of our professionals, contact our office in Philadelphia, Pennsylvania. We serve clients across the United States.


Located in Philadelphia, Silvers, Langsam & Weitzman, P.C., home of MyPhillyLawyer, serves clients in Philadelphia County, Pennsylvania, and throughout the United States.

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