Sometimes, a birth injury does not manifest as an emergency in the delivery room. Instead, it could be a quiet realization that unfolds months or even years later. In Pennsylvania, the laws recognize that medical errors can stay hidden. Understanding what they mean is essential in uncovering the truth.
Identifying the subtle signs of a birth injury
While doctors can immediately spot and diagnose birth injuries, others can emerge as your child grows. Common red flags include:
- Lack of movement or weakness in one arm or leg
- Weak or rigid muscles
- Difficulty forming words by age two
- Trouble with comprehension or attention
- Loss of sight or hearing
- Involuntary movements
These can be subtle indicators of conditions like Erb’s Palsy, Cerebral Palsy or nerve damage. When your child is not meeting significant childhood milestones as they should, it is time to see a doctor.
Understanding Pennsylvania deadlines
In Pennsylvania, medical malpractice claims generally require a filing within two years of the negligent act. However, the Discovery Rule may apply if an injury was not immediately apparent. If you can show that the injury could not have been discovered earlier despite reasonable diligence, your two-year window begins on the date you finally realized or should have realized the harm occurred.
While the parents’ claim for medical expenses follows this strict window, the child’s own claim for pain and suffering and future lost earnings remains paused until they turn 18. This gives your child until their 20th birthday to file a lawsuit.
Protecting your child’s future
Despite these timelines, waiting can be devastating to a case. Since hospitals can dispose of medical records after a certain time, you may fail to collect critical evidence. With this risk present, it would be impossible to secure a Certificate of Merit, which is a mandatory requirement that proves a medical expert supports your claim.
Seeking legal counsel early can offer guidance on the next steps while you focus on your child’s care.
