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When you’ve been hurt by a medical mistake, it can take time to even realize what went wrong. You may be focused on healing, adjusting to a new diagnosis, or dealing with the emotional fallout of a traumatic experience. The idea of contacting a lawyer might feel overwhelming—or something to deal with “later.” But in Pennsylvania, waiting too long can have serious consequences. In fact, delaying your medical malpractice claim could cost you the chance to recover any compensation at all.
This guide will walk you through what you need to know about Pennsylvania’s statute of limitations, why time is of the essence, and how acting quickly can protect your rights and your future.
The statute of limitations is a law that sets a strict deadline for filing a lawsuit. In medical malpractice cases in Pennsylvania, the general rule is:
You have two years from the date you knew or reasonably should have known that the medical error caused your injury.
This is often referred to as the “discovery rule” because it gives some leeway when the harm isn’t immediately obvious. However, the rule is not unlimited—and exceptions are narrow. The courts expect people to act diligently once they suspect that malpractice occurred.
Here’s an example: If a surgical tool was left inside your body during an operation but you didn’t discover it until a year later when complications arose, your two-year clock may start ticking from the date of that discovery—not the date of the surgery. But if five years go by and you never investigated ongoing pain, the court may find that you waited too long.
In addition to the two-year discovery window, Pennsylvania has what’s called a statute of repose:
No medical malpractice claim can be filed more than seven years after the negligent act occurred—regardless of when you discovered the injury.
This rule applies in nearly all adult cases. That means even if you didn’t know about the error for years, and even if your claim is otherwise valid, you could be completely barred from filing if the clock runs out.
Exception: The statute of repose does not apply to cases involving foreign objects left inside the body (like a surgical sponge or clamp). In those cases, the full two-year discovery rule may still apply, even if the error was over seven years ago.
When the patient harmed by medical negligence is a child, the rules change slightly:
The two-year statute of limitations does not begin until the child turns 18 years old.
This means families can typically file a lawsuit up to the child’s 20th birthday, regardless of when the malpractice occurred. That said, waiting is rarely advisable. The earlier you pursue a claim, the stronger your ability to gather evidence and secure expert opinions.
Even if you’re technically within the statute of limitations, waiting too long can severely weaken your case. Here’s why:
Medical records may be incomplete, misplaced, or destroyed over time. Witnesses—such as nurses, residents, or attending physicians—may leave the hospital, relocate, or simply forget what happened. The sooner you begin an investigation, the more likely it is that critical information will still be available.
Pennsylvania requires a Certificate of Merit to file a medical malpractice lawsuit. This means that an independent medical expert must first review your case and agree that it has merit. Finding the right expert, coordinating reviews, and preparing the necessary legal documents takes time.
Hospitals and insurance companies benefit when time passes. If your claim is delayed, the defense may argue that your injuries were caused by something else—or that you couldn’t have been too badly hurt if you waited so long to act. A prompt response helps show that your injuries are serious and that you’re being proactive.
The longer you wait, the longer you may go without financial help for medical bills, lost wages, and necessary care. A successful malpractice claim can help cover these costs—but only if you file it in time.
It’s normal to feel hesitant or unsure after a medical injury. Many people delay legal action because:
These concerns are completely understandable. But here’s the reality: Consulting an attorney doesn’t commit you to a lawsuit. It’s simply a way to get answers and protect your rights. A good malpractice lawyer will help you understand whether you have a claim and what your next steps should be. And if you don’t, they’ll tell you that, too.
If you or a loved one has experienced unexpected complications, unexplained injuries, or a serious health decline after a medical procedure or diagnosis, take the following steps:
Medical malpractice law in Pennsylvania is strict. Even with a valid claim, missing a deadline could mean losing your right to justice forever. That’s why time is not on your side when it comes to medical error cases.
If you suspect you or a loved one was harmed by a preventable mistake—whether during surgery, childbirth, diagnosis, or treatment—it’s essential to take that first step now. Reach out to a qualified legal professional who understands the complexities of Pennsylvania malpractice law and can guide you through the process.
About Aron Solomon
A Pulitzer Prize-nominated journalist for his groundbreaking op-ed in The Independent exposing the NFL’s “race-norming” policies, Aron Solomon, JD, is a globally recognized thought leader in law, media, and strategy. As Chief Strategy Officer for AMPLIFY, he leverages his deep expertise to shape the future of legal marketing. Aron has taught entrepreneurship at McGill University and the University of Pennsylvania and was honored as a Fastcase 50 recipient, recognizing him among the world’s top legal innovators. A prolific commentator on law, business, and culture, his insights regularly appear in Newsweek, The Hill, Crunchbase News, and Literary Hub. He has also been featured in The New York Times, Fast Company, Fortune, Forbes, CBS News, CNBC, USA Today, ESPN, TechCrunch, BuzzFeed, Venture Beat and countless other leading global media outlets.
Helping each and every one of our clients with tenacious representation when they need a strong and passionate advocate.
Maztus Law
Maztus Law