When it comes to medical malpractice, knowing the law can make a significant difference in whether or not you can recover compensation for your injuries. In Pennsylvania, the statute of limitations, which sets the time limit within which you can file a lawsuit, is a critical aspect of medical malpractice claims. If you don’t file your claim within the designated time, you could lose your right to seek damages, no matter how valid your case may be.

This post will explain what the statute of limitations is, how it applies to medical malpractice claims in Pennsylvania, and what you should do if you think you have a medical malpractice case.

What is the Statute of Limitations?

The statute of limitations refers to the legally defined time period within which a person must file a lawsuit. In Pennsylvania, the statute of limitations for medical malpractice claims is generally two years from the date of the alleged malpractice. However, there are some exceptions that may extend or shorten this time frame, depending on the specifics of your case.

If you fail to file a claim within this two-year period, the court will likely dismiss your case, and you won’t be able to recover any damages for your injuries. Therefore, it’s crucial to act quickly if you believe you’ve been a victim of medical malpractice.

When Does the Statute of Limitations Begin?

In Pennsylvania, the clock on the statute of limitations for medical malpractice claims begins ticking on the date of the injury or the date when you discovered, or reasonably should have discovered, the injury. This rule accounts for situations where you might not realize you’ve been harmed immediately after a medical procedure or treatment.

For example, if you undergo surgery and don’t realize that the surgeon made a mistake until months later, the two-year statute of limitations may not start the day of the surgery. Instead, it could begin when you discover that the mistake occurred and caused harm to your health. This is known as the “discovery rule.”

The Discovery Rule and Medical Malpractice

The discovery rule is an important exception to the general statute of limitations rule. In medical malpractice cases, it is not always immediately apparent that malpractice has occurred. Some injuries or conditions caused by medical negligence, such as infections, complications, or delayed diagnoses, may take time to manifest.

The discovery rule allows the statute of limitations to begin when the patient either discovers or should have reasonably discovered the injury caused by the healthcare provider’s negligence. For example, if you were prescribed the wrong medication, and it didn’t cause an obvious reaction right away, you may not be aware that a mistake was made until later.

Special Exceptions for Minors

In Pennsylvania, special rules apply if the person who suffered the injury is a minor (under the age of 18). In these cases, the statute of limitations for medical malpractice is generally extended until the child turns 20. This means that a minor’s claim could be filed up to two years after their 20th birthday, regardless of when the injury occurred.

It’s important to note that the statute of limitations does not begin until the minor turns 18, and it expires two years later. For example, if a child suffers a medical malpractice injury at the age of 10, the parents have until the child turns 20 to file a lawsuit.

Exceptions to the Statute of Limitations

While the general rule is two years from the date of injury or discovery, there are some exceptions that may alter this timeline.

Fraudulent Concealment

If the healthcare provider fraudulently conceals the malpractice or intentionally hides their error from the patient, the statute of limitations may be extended. This gives the injured party more time to file their lawsuit, as they weren’t aware of the malpractice at the time it occurred.

For instance, if a doctor deliberately omits information about a surgical mistake or doesn’t tell you about a misdiagnosis, they might be considered to have “fraudulently concealed” the malpractice. In such cases, the statute of limitations might not begin until the concealment is discovered.

Continuing Treatment

If the patient continues treatment with the same doctor for the condition related to the malpractice, the statute of limitations may be tolled, meaning it may be paused until the treatment ends. This is particularly relevant in cases where malpractice occurred during a course of treatment that lasted for several months or even years.

For example, if you were misdiagnosed and continued treatment based on that misdiagnosis, the clock on the statute of limitations may not start until your treatment ends or you no longer see the same doctor for the issue.

Government Employees or Institutions

If the healthcare provider involved in the malpractice is a government employee or works for a government institution, the process for filing a claim can be more complex. Pennsylvania has special rules for lawsuits against the government, and these cases typically have shorter deadlines for filing. You must file a notice of claim within six months of the injury if the healthcare provider is a government employee or if the medical malpractice occurred at a government facility.

This is an important consideration, as failing to file within the required timeframe could prevent you from pursuing your case. Consulting an experienced attorney is crucial if your medical malpractice case involves government employees or institutions.

Why It’s Important to Act Quickly

The statute of limitations is strict, and once the time period expires, you generally lose your right to seek compensation. Even if you have a strong case, if you miss the filing deadline, you may be barred from recovering any damages. This is why it is essential to contact a medical malpractice attorney as soon as you suspect you’ve been a victim of malpractice.

An experienced attorney can help you navigate the complexities of the statute of limitations, determine when the clock started running in your case, and ensure that your claim is filed on time.

What to Do If You Think You’ve Been a Victim of Medical Malpractice

If you believe you have been harmed due to medical malpractice, the first step is to gather all relevant medical records and documentation. This includes hospital records, test results, and any communication you’ve had with healthcare providers. The more evidence you have, the stronger your case will be.

Next, contact a personal injury attorney who specializes in medical malpractice. They will evaluate your case, review your medical records, and help you understand whether you have a viable claim. If they believe malpractice occurred, they will guide you through the legal process and ensure that you meet all necessary deadlines.

Conclusion

Understanding the statute of limitations for medical malpractice claims in Pennsylvania is essential if you’ve suffered due to a healthcare provider’s negligence. By knowing your rights and acting promptly, you can protect your ability to recover compensation for medical bills, lost wages, pain and suffering, and more.

At Kingbird Legal, we understand the complexity of medical malpractice claims, and we are committed to helping victims seek the justice they deserve. If you believe you have been injured due to medical malpractice, contact us today for a consultation. Let our experienced attorneys fight for your rights and guide you through every step of the legal process.