How Much Time Do You Have to Sue for Malpractice in PA?

No one wants to think that their doctor made a mistake that left them injured, but medical malpractice happens more often than it should. Medical personnel are human and capable of errors, but unlike other professions, the errors made by these professionals can have life-altering consequences. 

If you suspect you are the victim of medical malpractice in Pennsylvania, you need an experienced attorney to help you fight for your rights. You and your loved ones need the compensation you deserve to fully heal and move forward. Having an experienced medical malpractice attorney on your side can ensure you don’t miss your filing deadline. 

If you fail to file a lawsuit within the approved timeframe, you could be barred from collecting compensation.

What Is the Statute of Limitations in Pennsylvania for Medical Malpractice?

A statute of limitations is a law that governs how much time you have to file a lawsuit to receive compensation for the injuries and losses you sustained as a result of medical malpractice. In Pennsylvania, you generally have two years to bring a claim. The two-year period starts on the date of the medical malpractice incident, but there are caveats. 

Due to the nature of medical malpractice, the injury sustained may not be immediately obvious. Because of this, Pennsylvania law provides exceptions to the two-year rule, allowing claimants extra time to file. The two-year deadline protects both patients and providers. It encourages patients to pursue claims before the evidence is unavailable while simultaneously protecting providers from indefinite liability for old claims. 

The Discovery Rule

In many cases of medical malpractice, the patient doesn’t immediately realize that malpractice has occurred. A surgical error might not be discovered until months after the surgery was performed. A misdiagnosis may only be recognized as a person’s condition begins to worsen. 

The Pennsylvania discovery rule amends the statute of limitations to begin when either of the following is true:

• The patient knew they were injured
• The patient should have known they were injured and that the injury was likely caused by medical negligence. 

Determining when the statute of limitations starts for your case can be difficult. A qualified attorney can help you determine the start date and make sure you file a claim on time. For example:

• If a surgeon leaves a medical instrument inside a patient, and it is discovered three years later during another procedure, the two-year clock would likely start at the time of discovery, not on the date the first surgeon left the tool in the patient’s body. 
• If a patient is misdiagnosed with a minor illness when in fact they have cancer, the statute may not begin until the correct diagnosis is made and the connection to negligence is reasonably clear.

This rule provides some protection for patients, but it does not give unlimited time. That is where Pennsylvania’s statute of repose comes into play.

The Statute of Repose

Medical personnel cannot be held responsible for accidents indefinitely. As such, Pennsylvania law has a statute of repose, which is a law that places a firm time limit on malpractice lawsuits regardless of when a patient discovers their injury. 

In Pennsylvania, the statute of repose is seven years from the date of the alleged malpractice. Unfortunately, this means that if you discover the malpractice injury eight years after the incident, you cannot bring a claim against the provider. 

There is, however, one expectation to this rule that relates to foreign objects left inside the body during surgery. In these cases, a patient may bring a claim after seven years because it would have been impossible for them to discover the object earlier. Because of the law of repose, it’s important to speak to an experienced medical malpractice attorney as soon as possible to protect your right to file a claim. 

Special Rules for Minors

One other exception to the statute of limitations protects the rights of minors injured by medical carelessness. When a child is injured, the statute of limitations does not begin until they turn 18 years of age. When they turn 18, they have two years to file a claim. 

Usually, they need to file a claim by their 20th birthday. This law makes it possible for children who cannot bring lawsuits on their own to still have a fair opportunity to do so once they reach adulthood. 

Wrongful Death and Survival Actions 

If a loved one died as a result of medical carelessness, you can file a claim as their surviving family member. Surviving family members may file claims for:

• Wrongful death. If a medical error resulted in the death of a loved one, the surviving family member may bring a claim. 
• Survival actions. These actions allow the deceased person’s estate to recover damages the individual could have pursued if they were still alive.

Both wrongful death and survival actions are subject to the two-year statute of limitations rule, and the clock starts on the date of death.

Why It’s Important to File Sooner than Later

It may seem like you’ve got plenty of time to file a claim. After all, if you’ve been injured, you want to focus on healing and getting back to your life. Waiting to file a claim is almost always a mistake for several reasons.

1. Evidence fades over time. Medical records can be altered and/or lost, and memories of the event fade. 
2. Medical malpractice cases in Pennsylvania always require expert testimony, which can take time to secure. 
3. You’re fighting against large insurance companies that may try to use delay tactics.

As soon as you are aware that you are the victim of medical carelessness, it’s time to contact an attorney and start fighting for your right to recover damages. 

Securing Justice in a Malpractice Case

The statute of limitations in a Pennsylvania medical malpractice case is strict, with rules that can complicate matters when the clock begins to run. Between the two-year standard deadline, the discovery rule, and the statute of repose, the time you have to file a claim might not be straightforward. 

If you’ve been harmed by medical negligence, the best practice is to consult with an experienced attorney as soon as possible. At PhillyLaw Car Accident and Injury Lawyers, we have the experience and resources necessary to guide you through every step of the process. Contact us today for a consultation and let us help you pursue the justice you deserve.