Legal Question in Medical Malpractice in Pennsylvania

Re: statute of limitations

generally 2 years from the time of the injury or the time you should have known, owever, there are circumstances which alter this rule. You should consult ant attny

Re: statute of limitations

Two years.

Re: statute of limitations

(this is all for Pennsylvania law -- every state is different)

Stan gave the simple, direct answer, but it can get a little more complicated, especially in medical malpractice cases. The two years runs from the "injury," which is usually when the incident or harm occurs. But sometimes a patient doesn't know they've been harmed, such as a delay in diagnosis. If the doctor misses a disease, then the patient might not discover the injury until the diagnosis is made. This "discovery rule" is very tricky, though, so we don't like to rely on it unless we have to. It's always safest to file suit within 2 years of the alleged malpractice.

For a claim by any minor (under 18), the time doesn't start running until their 18th birthday, so a child always has up until age 20 (for all types of claims, not just med mal).

PA just passed a med mal reform law. For claims which arise in the future (after March 2002, that is), the "discovery rule" will not extend the statute of limitations more than 7 years after the medical treatment (except in foreign object cases).

That's just the tip of the iceberg on statute of limitations issues. The moral is, don't wait around to consult a lawyer.