How Long Do You Have to Sue a Doctor for Malpractice in Pennsylvania?

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, causing harm to a patient. In Pennsylvania, patients who suffer due to medical negligence have the right to seek compensation through a malpractice lawsuit. However, it’s crucial to understand the legal timeframe, known as the statute of limitations, within which you must file your claim. This article provides a comprehensive guide on the deadlines and legal procedures involved in filing a malpractice lawsuit in Pittsburgh, Pennsylvania, with insights from Matzus Law.

Statute of Limitations for Medical Malpractice in Pennsylvania

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In Pennsylvania, the statute of limitations for medical malpractice cases is generally two years from the date of the incident or from the date the injury was discovered, or reasonably should have been discovered. This means that if you realize you’ve been harmed due to a medical error, you have up to two years from that discovery date to file a lawsuit.

For example, if a surgical error occurred on January 1, 2022, but you did not discover the injury until June 1, 2023, you would typically have until June 1, 2025, to file your lawsuit. It’s important to note that this rule applies to most medical malpractice cases, but there are exceptions that can extend or shorten this period.

Exceptions to the Statute of Limitations

Several exceptions to the statute of limitations can affect the timeline for filing a medical malpractice lawsuit in Pennsylvania.

Minors

If the patient is a minor (under 18 years old), the statute of limitations is extended. The two-year period does not begin until the minor turns 18. Therefore, if a child is harmed by medical negligence, they have until their 20th birthday to file a lawsuit.

Fraud and Concealment

If the healthcare provider intentionally conceals the malpractice, the statute of limitations may be extended. The clock starts ticking when the patient discovers or should have discovered the fraud.

Statute of Repose

Pennsylvania also has a statute of repose for medical malpractice cases, which sets an absolute deadline of seven years from the date of the alleged malpractice, regardless of when the injury was discovered. This means that even if you discover the injury later, you cannot file a lawsuit more than seven years after the incident. The only exception to this rule is if a foreign object is left inside a patient’s body, in which case the seven-year limit does not apply.

Steps to Take When Considering a Malpractice Lawsuit

Filing a medical malpractice lawsuit is a complex process that requires thorough preparation and understanding of the legal landscape. Here are the essential steps to take when considering a malpractice lawsuit:

Gather Medical Records

Obtain copies of all relevant medical records. These documents are crucial in proving that malpractice occurred.

Consult with a Medical Expert

A medical expert can review your records to determine if the standard of care was breached and if that breach caused your injury. Their testimony is often critical in malpractice cases.

File a Certificate of Merit

In Pennsylvania, you must file a Certificate of Merit within 60 days of filing your lawsuit. This certificate, signed by a medical expert, affirms that there is a reasonable basis to proceed with the malpractice claim.

Initiate the Lawsuit

With the help of an experienced attorney, file your lawsuit within the statute of limitations. Your attorney will draft the necessary legal documents and represent you throughout the legal process.

Prepare for Discovery and Trial

The discovery phase involves exchanging information and evidence with the defendant. Be prepared for depositions, interrogatories, and potentially a trial if a settlement is not reached.

How Matzus Law Can Assist in Your Medical Malpractice Case

Navigating a medical malpractice lawsuit requires expertise, diligence, and a deep understanding of the legal intricacies involved. Matzus Law, based in Pittsburgh, Pennsylvania, specializes in medical malpractice cases and offers comprehensive legal support to victims of medical negligence.

1. Expert Legal Advice: Matzus Law provides expert legal advice tailored to your specific case. They help you understand your rights, the viability of your claim, and the potential outcomes.
2. Thorough Investigation: The firm conducts a thorough investigation to gather evidence, consult with medical experts, and build a strong case on your behalf.
3. Representation in Court: Matzus Law represents you in all legal proceedings, from filing the lawsuit to negotiating settlements or arguing your case in court. Their goal is to secure the compensation you deserve for your suffering and losses.
4. Personalized Support: Understanding the emotional and financial stress that comes with a medical malpractice case, Matzus Law offers personalized support and guidance throughout the legal process, ensuring you feel informed and supported at every step.
5. No Win, No Fee: Matzus Law operates on a contingency fee basis, meaning you don’t pay unless they win your case. This approach ensures they are fully committed to achieving the best possible outcome for you.

Contact Matzus Law, LLC Today

Understanding the timeframe for filing a medical malpractice lawsuit is crucial to securing the compensation you deserve. In Pennsylvania, the statute of limitations generally gives you two years from the date of discovery to initiate legal action. However, exceptions and specific legal nuances can affect this timeline. 

If you believe you have been a victim of medical negligence, consulting with an experienced law firm like Matzus Law in Pittsburgh can provide you with the guidance and representation needed to navigate the complexities of your case and achieve justice.  Contact Matzus Law, LLC today for a free, no-obligation consultation, or call us at (412) 206-5300 to talk with our legal team to learn more about your options in your case.