Can a medical birth injury lawsuit be filed after the statute of limitations has expired?
Unfortunately, it is not usually possible to file a medical birth injury lawsuit after the statute of limitations has expired. In Washington, the statute of limitations for a medical birth injury lawsuit is three years from the date of the injury or three years from the date the injury was reasonably discovered. When the statute of limitations has expired, it is often too late to pursue legal action. It is important to note that exceptions exist to the statute of limitations. For example, in cases where a minor was injured due to medical malpractice, the statute of limitations will usually be extended until the person turns 18 years old. This gives the injured person more time to take legal action if the medical malpractice was not discovered right away. In addition, if it can be proven that a medical institution or individual was aware that the injury was caused or contributed to by medical negligence before the statute of limitations expired, then a lawsuit can still be filed after the expiration date. It is therefore important to be aware of the statute of limitations and seek legal advice immediately if you suspect that medical negligence was involved in a birth injury. Doing so will give you a better chance of being able to pursue a medical birth injury lawsuit.
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