How Long Do I Have to File a Medical Malpractice Lawsuit in Pennsylvania?


Have you or a family member been injured due to a mistake made by your doctor? Was a staff member at the hospital negligent in your treatment and care? If so, you may have a claim under Pennsylvania's medical malpractice laws. However, if you fail to act quickly, you may lose your right to file a medical malpractice lawsuit. It is crucial that you seek the assistance of an experienced medical malpractice lawyer as soon as you discover you are the victim of malpractice.

Get a Free Consultation To See If You Are Eligible For Compensation For Medical Malpractice

The attorneys of Handler, Henning & Rosenberg LLP offer a free case evaluation so you can make an informed decision about filing a medical malpractice lawsuit. We encourage you to read more about medical malpractice and contact our office immediately to schedule your free consultation. Call or use our online contact form now before your time expires to file a medical malpractice lawsuit.

What is Pennsylvania's Statute of Limitations for Medical Malpractice Lawsuits?

A statute of limitations is a law that defines the specific length of time you have to file a particular lawsuit. In the case of a medical malpractice lawsuit, the Pennsylvania statute of limitations states you have two years from the date you discovered the medical malpractice or you should have reasonably discovered the malpractice. This is referred to as the Discovery Rule.

Because the time to file a medical malpractice lawsuit does not begin until you discover the injury or you should have discovered the injury, your time to file a lawsuit may be longer than two years from the date of injury. It is crucial you calculate this time correctly because you could lose your right to file a lawsuit if the deadline is incorrectly calculated. That is where our experienced medical malpractice lawyers can help.

There are exceptions to the statute of limitations for a medical malpractice lawsuit. The MCARE Act of Pennsylvania contains a Statute of Repose. The Statute of Repose limits your time to file a medical malpractice lawsuit to seven years from the date of the medical malpractice. Even if you do not discover the negligent act until after the seven years, you will not be permitted to file a medical malpractice lawsuit. However, there are exceptions to the seven-year rule that may apply in your case; therefore, you should contact our office to discuss the specifics of your medical malpractice claim.

Another exception to the statute of limitations to file a medical malpractice lawsuit is the Minors Tolling Statute. According to the Pennsylvania Minors Tolling Statute, a medical malpractice lawsuit must be filed within seven years from the date of the malpractice or must be filed before the child turns 20, whichever date is later.

Contact an Experienced Medical Malpractice Lawyer Now

Due to the strict time constrictions governing a medical malpractice lawsuit in Pennsylvania, do not wait to contact our office. We want to seek justice on your behalf for the injury and damage that has been done due to a medical mistake or negligence. Our attorneys will aggressively fight to ensure you receive the compensation you deserve. Get your free consultation with an injury attorney to make an informed decision about your legal rights – don’t wait, start today.


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