Each state has a different and unique set of laws regarding the statute of limitations for bringing forth medical malpractice suits. Here, we outline the laws in Pennsylvania.

What is the Statute of Limitations for Medical Malpractice Suits in Pennsylvania?

Very simply, a statute of limitations is how much time can pass after an incident or accident before you can no longer file a lawsuit. Although most states have statute of limitation rules, they vary greatly from state to state.

In Pennsylvania, medical malpractice actions must be brought within two years of the time of the incident.

However, Pennsylvania also has a discovery rule. The discovery rule states that the statute of limitations does not begin to run until the injured person knows or reasonably should have known that they were injured due to the fault of another. For example, if a woman had her mamogram misread in 2004, but didn't reasonably discover the mistake until she was found to have stage three cancer in 2006, her statute of limitations would begin in 2006 (the day she reasonably discovered she was misdiagnosed) and run until 2008.

It should be noted, though, that the discovery rule does not apply to wrongful death cases.

The discovery rule has one other hitch called a "statute of repose," this rule says that you only have seven years to bring claims against doctors and hospitals even with the discovery rule. Several exceptions apply to the statute of repose including cases involving retained instruments or sponges. The statute of repose rule took effect on April 20, 2002, and can be applied only to cases that took place after that date.

These laws, however, are far from clear-cut. Many wonder what specifically begins the start of a statute of limitations period, since many medical malpractice incidents do not have concrete beginnings, especially in terms of misdiagnosis cases and failure to diagnose cases.

In general, though, there are two take home lessons from this information: if you are the victim of a medical malpractice injury, take action as soon as possible, and take action by contacting a lawyer who specializes in medical malpractice cases. As you can see from the laws above, these can be complicated matters, and we are trained to know the issues inside and out.

There are also other good reasons to act quickly: witnesses and evidence become harder to find and less compelling the more time has passed. Don't wait on your medical malpractice case.

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Steven F. Reilly, PC
509 Swede Street
Norristown, PA 19401

Phone: (610) 272-7075
Fax: (610) 272-5729

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