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

Pennsylvania’s Two-Year Time Limit for Medical Malpractice

Every state has its own set of medical malpractice statutes of limitations. These statutes outline the time limits within which a medical malpractice lawsuit must be filed after the alleged malpractice occurred. The specific length of the statute of limitations and any accompanying rules or exceptions can vary significantly from one state to another. In the state of Pennsylvania, the statute of limitations on most medical malpractice lawsuits is two years, as outlined in Title 42 of the Pennsylvania Consolidated Statutes. However, there are some exceptions to this rule, so it’s important to consult with an attorney to get specific advice based on your individual case. 

Exception for Malpractice Claims Made by Minors

One exception to the two-year limit applies to cases involving minors who suffered birth-related injuries due to a medical professional’s actions at the hospital. In these instances, the statute of limitations of two years wouldn’t start until the child reaches eighteen years of age.

7 Year Maximum (Malpractice Statute of Repose)

Additionally, there is a “statute of repose” that sets a definite maximum limit for bringing a medical malpractice claim regardless of when the injury was discovered. In Pennsylvania, the statute of repose is seven years from the date of the alleged medical negligence, regardless of whether the injury was known or discoverable during that time.

Discovery Rule

Another exception is the “discovery rule,” which allows the statute of limitations to start running from the date when the injury was discovered (or reasonably should have been discovered), rather than from the date when the actual medical error occurred.

It’s crucial to take legal action promptly if you believe you have a medical malpractice claim, as missing the statute of limitations or statute of repose deadlines could prevent you from seeking compensation for your injuries. If you believe that you or a loved one may have experienced medical negligence, reach out to our team of qualified personal injury and medical malpractice attorneys at Pribanic & Pribanic today and let us help you with the specifics of your case.

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