How long is the statute of limitations for medical malpractice in the State of PA?>

Question

How long is the statute of limitations for medical malpractice in the State of PA?>

Answer

Two years from the time you knew or should have known you suffered an injury in the course of medical care. This is the general rule. Without knowing the facts of your particular medical care I cannot say more. You should be aware that there is an exception in the case of late discovery. For example, one has an x-ray done of their chest just because of a possible rib fracture. The x-ray is read as normal. In fact the x-ray doesn't show any fracture but a lung tumor is on the image. 2 years later the patient is diagnosed with lung cancer and learns then for the first time, the tumor, now unresectable, should have been reported as a result of the first X-ray. The date of discovery of the lung cancer and the error in the prior reading is the date from which the 2 years runs. You should be mindful as well that in malpractice cases in Pennsylvania there is a statute of propose which extinguishes claims after 7 years from the time the cause of action accrued. What I have sent thus far I say to make you aware of these issues. I am not attempting to inform you as to the applicability of the statute of limitations or the statute of repose to your particular claim. You should make no decision concerning the applicability of any exception to the statute of limitations without having first consulted a lawyer made fully aware of the facts of your potential Claim. In addition, you should not delay seeking legal advice even if you believe that you have a substantial period of time to file a claim. Investigation of cases of this kind can take many months.