Legal Question in Personal Injury in Pennsylvania
If my father was treated for a medical condition in May of 2007 but complications arose, but not until around Oct/Nov of 2008 and we suspect medical malpractice, what is the statute of limitations?
2 Answers from Attorneys
2 years from the date of the malpractice (or the date you should have known or suspected there was malpractice).
The issue under Pennsylvania law, is not whether and when you suspected that malpractice had occurred. A better formulation of our statute of limitations, as it has been interpreted by our courts in the context of medical malpractice cases, is that when one becomes aware of any injury that has occurred in the course of medical care they are expected to exercise that diligence that any reasonable person would exercise in similar circumstances to learn why the injury occurred. If the physician causing the injury misleads you with reassurances such as "this is a expected complication of the procedure and will heal in time", then you may benefit from an exception to the general rule which applies in in such circumstances. The ultimate determination of whether the statute of limitations has run or not is, in most circumstances, a question for the jury. The reasonableness of delaying inquiry is a matter that will be considered. In any event you should contact a lawyer who specializes in medical malpractice claims in order to determine whether on the particular facts of your case a meritorious claim exists which is likely not barred by the statute of limitations.