Legal Question in Medical Malpractice in Pennsylvania
What is the statue of limitations on medical-mal-practice?
3 Answers from Attorneys
The statute of limitations is two (2) years from the date that the malpractice ocurred, or the date that it was discovered. You must be careful in determining the tolling date, the date that the clock starts ticking. If you fail to file a Complaint within the two years, you are banned from pursuing a recovery. Similarly, if you fail to name a viable defendant in your lawsuit, you may miss the true target of the litigation.
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Jim
You should also be aware that there is a different time limit for filing claims on behalf of minors, two years from their eighteenth birthday. Further the discovery rule exception is complicated and you should not consider late discovery an exception unless you consult with a lawyer who you inform fully of the facts.
Anyone considering a medical malpractice lawsuit should contact malpractice attorney as soon as possible. There are strict time limits that apply to the 'exceptions'.
The two year statute of limitations should not be taken as a license to delay contacting a lawyer as a lawyer need time to investigate before filing suit.
As the statute of limitations gets closer to running out, attorneys will be increasingly hesitant to get involved with your case.