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Medical malpractice cases in Pennsylvania are subject to strict filing deadlines under the state’s statute of limitations. However, exceptions exist for cases where the injury was not immediately discoverable, allowing victims to pursue legal action even after the standard deadline has passed. This is particularly relevant in cases where a patient does not realize they have been harmed until months or even years later.
If you have recently discovered a medical error that occurred years ago, you may still be able to file a lawsuit under Pennsylvania’s discovery rule. This article provides an in-depth explanation of Pennsylvania’s medical malpractice statute of limitations, including exceptions that could extend your ability to file a claim.
Medical malpractice occurs when a healthcare provider, such as a doctor, hospital, or nurse, fails to meet the accepted standard of care, leading to harm or injury to a patient.
Medical malpractice can take many forms. Some of the most common types include:
When medical malpractice occurs, victims can seek compensation for medical expenses, lost wages, pain and suffering, and other damages. However, their ability to file a lawsuit depends on whether they do so within the legally permitted timeframe.
How Long Do You Have to File a Medical Malpractice Lawsuit?
Pennsylvania law establishes a specific statute of limitations for medical malpractice claims. In most cases, a patient has two years from the date of the injury to file a lawsuit. However, if the injury is not immediately apparent, the two-year time limit begins when the patient discovers or reasonably should have discovered the injury.
For example, if a doctor makes a surgical error that is immediately noticeable, such as removing the wrong organ, the two-year statute of limitations would begin on the date of the surgery. However, if a patient undergoes surgery and only later discovers that a foreign object was left inside their body, the statute of limitations would begin on the date of discovery rather than the surgery date.
How the Statute of Limitations Applies to Wrongful Death Claims
When a patient dies due to medical negligence, the law allows their family to file a wrongful death lawsuit. The statute of limitations for wrongful death cases in Pennsylvania is two years from the date of death, not the date of the malpractice.
The Seven-Year Rule for Malpractice Cases
Pennsylvania also enforces a seven-year statute of repose, which serves as an absolute cutoff for filing medical malpractice claims. Even if the discovery rule applies, no lawsuit can be filed more than seven years after the date of the malpractice.
Exceptions to the Seven-Year Rule
One major exception to this rule applies to cases where a foreign object was left inside a patient’s body during surgery. In such cases, the seven-year limit does not apply, meaning a patient can still file a lawsuit whenever they discover the object.
How Does the Discovery Rule Work?
The discovery rule is a legal principle that protects patients who could not have reasonably known about their injury when it occurred. Under this rule, the statute of limitations begins when the patient becomes aware, or should have become aware, that they suffered harm due to medical negligence.
This rule is especially important for cases involving delayed diagnoses, hidden injuries, or medical errors that take years to surface. A prime example is when a patient undergoes a routine X-ray for an unrelated condition and discovers that a previous surgeon left a medical instrument inside their body years ago. Since the patient had no reason to suspect an injury earlier, the discovery rule allows them to file a lawsuit despite the passage of time.
Proving That You Qualify for the Discovery Rule
The key factor in discovery rule cases is whether the patient acted reasonably in uncovering the injury. Courts assess whether the patient should have suspected malpractice earlier. If a reasonable person in the same situation would have sought medical evaluation sooner, the court may reject the lawsuit for being untimely.
Tolling Doctrine: Pausing the Statute of Limitations
Certain circumstances allow the statute of limitations to be paused (tolled), including:
How the Law Treats Medical Malpractice Cases Involving Minors
If a child is injured due to medical malpractice, Pennsylvania law delays the statute of limitations until the child’s 18th birthday. This means that if a baby suffers a birth injury, they have until age 20 to file a lawsuit.
Many patients only realize they were victims of medical negligence years after the fact. The ability to sue depends on several factors, including:
If a patient discovers an injury long after treatment and meets the conditions of the discovery rule, they may still have time to file a claim. However, if more than seven years have passed since the malpractice occurred, they may be barred from suing unless an exception applies, such as fraud or a foreign object being left inside the body.
1. Gather Your Medical Records
The first step is to obtain copies of your medical records, including surgical reports, diagnostic test results, and treatment notes. Reviewing these documents can help confirm whether malpractice occurred and whether a legal claim is possible.
2. Consult a Medical Malpractice Attorney
An experienced lawyer can assess your case, explain whether the discovery rule or tolling doctrine applies, and determine whether an extension is possible.
3. File a Legal Motion for an Extension
If you qualify for an extension, your attorney can file a legal motion arguing that the statute of limitations should be extended based on hidden injuries or fraud.
How long do I have to file a medical malpractice lawsuit in Pennsylvania?
Under Pennsylvania law, the standard statute of limitations for medical malpractice claims is two years. This means you typically have two years from the date of the malpractice or from the date you discovered the injury to file a lawsuit. If you fail to file within this time, your claim may be dismissed.
What if I didn’t realize I was injured right away?
If you did not immediately know that you suffered an injury due to medical malpractice, the discovery rule may apply. This rule allows the two-year statute of limitations to begin from the date you discovered, or reasonably should have discovered, the harm caused by medical negligence. However, proving that you could not have reasonably discovered the injury earlier is crucial to benefiting from this exception.
Is there a time limit even if I just found out about my injury?
Yes, Pennsylvania has a seven-year statute of repose, which generally prevents lawsuits from being filed more than seven years after the malpractice occurred, even if the injury was only recently discovered. There are some exceptions to this rule, such as cases involving foreign objects left inside a patient’s body during surgery.
Can I sue for medical malpractice after seven years?
Most medical malpractice lawsuits cannot be filed more than seven years after the malpractice occurred, due to Pennsylvania’s statute of repose. However, certain exceptions apply. If a doctor or hospital engaged in fraudulent concealment, the deadline may be extended. Additionally, cases involving a foreign object left inside a patient’s body are not subject to the seven-year limit.
What happens if the victim of malpractice was a child?
For minors who are victims of medical malpractice, Pennsylvania law delays the statute of limitations until their 18th birthday. This means that a child who was injured due to medical negligence has until their 20th birthday to file a lawsuit.
Medical malpractice cases in Pennsylvania are governed by strict legal deadlines, but exceptions exist for victims who discover their injuries later. If you suspect you have been harmed by medical negligence but are unsure whether you can still sue, it is important to seek legal advice as soon as possible.
Contact Matzus Law, LLC today to discuss your options and ensure your legal rights are protected. Time is critical, and waiting too long could permanently bar you from seeking justice.
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