How Long Will It Take To Litigate A Birth Injury Case?

If your little one has sustained a birth injury that was caused by the careless or negligent actions of a healthcare professional, you should seek legal assistance immediately. These injuries can have lasting impacts on a victim, and they can become incredibly costly. At The Weitz Firm, LLC, our knowledgeable and experienced team will investigate what happened in your case and work to secure the compensation you need as quickly as possible. Call us when you need a Philadelphia birth injury attorney.

Birth injury case times vary

Birth injuries that are caused by the mistakes of a medical professional can lead to long-lasting damage. Some of the most common injuries that can occur during childbirth include:

  • Bone fractures
  • Meconium aspiration
  • Fetal oxygen deprivation
  • Brain bleeds
  • Nerve damage
  • and more

Birth injury cases are considered medical malpractice cases, and the amount of time one of these cases takes to litigate varies depending on a variety of factors. This can include:

  • the extent of damages involved
  • how much evidence there is that a mistake occurred
  • how much investigation is needed in the case
  • whether the case will require expert witness testimony

One of the most important things to keep in mind with these cases is the statute of limitations. In Pennsylvania, victims of a medical mistake have two years from the time the injury is discovered or should have reasonably been discovered by the victim. However, the statute of limitations for a child under the age of 18 who has been injured is different. The statute of limitations for these cases does not begin until the child’s 18th birthday. However, if you are a parent or guardian who knows about an injury, you should not wait to file a claim.

The plaintiff (the victim) or their attorney must file a “certificate of merit” stating that an “appropriate licensed professional” has examined the claim and believes that there is a medical malpractice case. This certificate of merit can be filed along with the complaint or within 60 days after filing the complaint.

Settlement or trial?

Many medical malpractice cases are settled before they go to trial. This can significantly reduce the time it takes for litigation. However, a case could take years to resolve if a trial is necessary.

We are going to help you through this

If your child sustained an injury at birth that was caused by the careless or negligent actions of a medical professional, please seek legal assistance immediately. At The Weitz Firm, LLC, we are going to work to secure the compensation you deserve for what has happened. This can include:

  • Compensation for all medical expenses related to the mistake
  • Coverage of future medical care that may be necessary for your child
  • Coverage of lost wages if you cannot work
  • Loss of enjoyment of life damages
  • Pain and suffering damages
  • Punitive damages against the people responsible

When you need a Philadelphia birth injury attorney, you can contact us for a free consultation by clicking here or calling 267-587-6240.



    We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.