In the state of Pennsylvania, there is a two year statute of limitations for victims of medical malpractice. This means that the deadline for filing a medical malpractice lawsuit is two years from when the malpractice was first discovered.  

While this statute of limitations dictates how long a plaintiff has to file a claim, the average medical malpractice case can take 1-5 years from beginning to end, depending on the case and the sum of the expected settlement. The bulk of this time is usually spent in the pre-trial process working through things such as: 

• investigating the facts of the case

• acquiring & reviewing medical records

• working with expert witnesses to evaluate the details 

It could take several years from the first meeting with a lawyer to get a case to trial. While each case is unique, the average length of a medical malpractice trial (if your case goes to trial) is about one to three weeks.

With these things in mind, there are still some legalities in place that will more or less dictate this time frame:

Pennsylvania Discovery Rule

Under the Pennsylvania discovery rule, this two year time frame begins from the first day the plaintiff discovers that malpractice occurred, or the first day that a reasonable person, under similar circumstances, would have recognized that medical malpractice occurred. 

The main goal of this rule is to exclude the period of time that a person is reasonably ignorant that they have been injured or harmed. This way, innocent people who might not know immediately that they have suffered an injury are in the same position as someone who suffers an immediate and obvious injury. 

The victim in a medical malpractice claim does not need to know the specifics of their injury or its cause for this two-year time limit to begin to run. The statute of limitations will begin when a patient knows, or should have known that they were harmed. 

Seven Year Maximum

The Pennsylvania Medical Care Availability and Reduction of Error Act (MCARE) creates a number of restraints on medical malpractice litigation. One of the most significant restraints is the “statute of repose” which caps the maximum amount of time to file a medical malpractice claim regardless of when the injury was discovered. This means that if it takes a plaintiff more than seven years to discover their medical injury, their medical malpractice claims will be barred by the 7-year statute of repose. 

There are two major exceptions to the 7-year statute of repose. The first is if a foreign object is accidentally left inside the body during surgery. The second, is if the victim is a minor. The seven-year statute of repose does not apply to anyone under the age of 18. 

If you feel that you were put at risk due to medical malpractice, call Pribanic & Pribanic today. We are dedicated to helping those injured due to medical negligence and we will help you recover the damages you deserve.

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“If you have questions about how long it takes to file a medical malpractice lawsuit, call one of our lawyers for help: 800-392-4529“