Can a medical birth injury lawsuit be filed after the statute of limitations has expired?

In Minnesota, medical birth injury lawsuits are subject to the statute of limitations. This means that any legal action must be initiated within a certain time period or it may be barred from ever being brought up in court. Generally speaking, birth injury claims must be filed within six years of the date the injury occurred, or within six years of the event which caused the birth injury. Once the statute of limitations has passed, a medical birth injury lawsuit cannot be filed. This legal time limit is in place to ensure the action is brought forward in a timely manner and that the outcome of the case is not based on an outdated set of facts or evidence. Despite the law, there are some exceptions to this rule. If the plaintiff (the person filing the claim) was a minor at the time of the injury, or if the injury was discovered after the statute of limitations had passed, the action may be allowed to move forward. In addition, there are some legal strategies which may be employed to extend the statute of limitations, such as “tolling” the statute. Tolling is a legal doctrine that temporarily pauses the statute of limitations, allowing legal actions to move forward after the time period has expired. When considering a birth injury lawsuit, it is important for the plaintiff to consult a lawyer as soon as possible to ensure the legal action is filed within the applicable time frame.

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Can a medical birth injury lawsuit be filed after the statute of limitations has expired?

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