How long you have to file a medical malpractice lawsuit in Pennsylvania depends on a number of factors. There is the basic rule, but there are exceptions to the rule. It’s important to get your case filed by the last day before the time limit runs out. Otherwise, you might miss out entirely on your chance to receive any compensation. Our personal injury attorney team explains how long you have to file a medical malpractice lawsuit in Pennsylvania.
How long do you have to file a medical malpractice lawsuit in Pennsylvania?
In Pennsylvania, you have two years from the date when medical malpractice occurs to file a lawsuit. The time limit begins on the exact day when the medical malpractice occurs. To meet the deadline, you must begin a case by filing in court by the last date before the time limit expires. While you generally have two years to file a medical malpractice lawsuit in Pennsylvania, there are some exceptions in cases where certain circumstances are present.
What is the discovery rule as it applies to the statute of limitations?
The discovery rule as it applies to the statute of limitations is a legal rule that may extend the statute of limitations in certain circumstances. The discovery rule works to prolong the statute of limitations when the victim isn’t immediately aware of their injuries. In some cases, like medical malpractice cases, the victim may not know right away that they have a legal claim. Under the law, the discovery rule applies to stop the statute of limitations from beginning to run until the victim knows or should know that an injury has occurred.
Pennsylvania medical malpractice statute of limitations
The Pennsylvania medical malpractice statute of limitations begins by placing a two-year time limit on medical malpractice cases. In other words, when medical malpractice occurs, the victim has two years from the date of the adverse event to file a legal claim if they’re going to file a claim at all. If the victim doesn’t file the claim, their right to pursue compensation may be lost forever.
However, there are some important exceptions to the Pennsylvania medical malpractice statute of limitations. The discovery rule applies in Pennslyvania. In general, when the victim doesn’t immediately know of their injuries, they have up to seven years total, and two years from the date of discovering the injury, to file a claim. However, if the medical malpractice case involves a foreign object left in the body, the seven-year discovery deadline doesn’t even apply. In addition, a minor has additional time in order to bring a medical malpractice claim after they reach the age of majority.
How our personal injury attorney team can help
If you think you may have been a victim of medical malpractice, our personal injury law firm can help. You should be aware that there is a statute of limitations that may apply to your case. Our personal injury law firm can help explain the law and work quickly to fight for justice for you. Call us today for a consultation with our personal injury attorney law firm.