Legal Question in Medical Malpractice in Pennsylvania
time limit to file medical malpractice
My mother died on 4/28/99 after 28 days as a result of complications from a pulminary embolism in a scranton pa hospital. She was 76 and in fair (c-) health prior to admission. The main cause of her 28 day distress was an over dose of coumidin-- she went in and appeared to be progressing and then had up and down declines from the high levels of blood thinner early on. My question is how long do you have to file a suit? and with her age and prior health is it case or not? thank you, Joe
1 Answer from Attorneys
Re: time limit to file medical malpractice
Joe, I�m sorry for your loss and your unresolved questions about the cause of your mother�s death.
The �Statute of Limitations� in medical malpractice is two years from the time of injury or death.
While there are exceptions which extend the time to file, for example where a minor is injured, they will not apply to extend the time more than two years after the time of death.
A person considering a malpractice suit needs to contact an attorney as soon as they have reason to believe that an injury has occurred. As an attorney requires time to investigate before filing a lawsuit, they will be less likely to take a case as the two year limit approaches.
As to your second question, there can be no legal case after the Statute of Limitations has lapsed, regardless of whether the care may have been improper.
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