Technically, the 2-year statute of limitations for a birth injury begins once the child turns 18. That is provided they are still incapacitated by their injuries, at that stage. Also, provided they have not been appointed a litigation guardian. If they have, the claim must be made within 2 years of that date. The medical facility can petition the court to have a litigation guardian appointed. This is just one example of how complicated birth injury claims are, which is why if a child has suffered a birth injury a lawyer with the right expertise needs to be consulted.