Representing a minor catastrophically injured by a negligent third party can pose a number of unique legal and procedural challenges that need to be carefully navigated in order to put on a successful case. One treacherous and frequently overlooked pitfall involves significant limits on the damages minors are legally entitled to recover.
Past and future medical expenses are typically a substantial part of a minor’s economic damages. However, many plaintiffs attorneys are unaware that under an archaic, but still enforced, Pennsylvania common-law doctrine, minors can be prohibited from recovering medical expenses incurred before their 18th birthday. This doctrine often shields negligent defendants from any obligation to pay for the medical care and treatment of minors, leaving the children on the hook for financially ruinous medical expenses. Despite intense criticism by both Pennsylvania’s Supreme Court and Commonwealth Court, Pennsylvania continues to adhere to this antiquated and unfair common-law rule. In light of the judiciary’s hesitancy to overturn this flawed doctrine, it is now incumbent upon the legislature to take corrective action.
