Pennsylvania Medical Malpractice Statute of Limitations
In Pennsylvania, patients only have a limited amount of time to file a medical malpractice lawsuit, known as the statute of limitations. Once this time period expires, victims of an accident or injury can no longer file a lawsuit to recover compensation for their losses.
The statute of limitations varies depending on the type of injury suffered. In Pennsylvania, the general statute of limitations for a medical malpractice lawsuit is two years; however, there are exceptions that can either extend a patient’s time limit for filing a lawsuit.
If you or a loved one has been injured due to the negligence of a doctor or hospital, it’s important to seek legal help immediately.
If you don’t pursue your case within the statute of limitations, the law can bar you from recovering compensation for your injuries. To contact our Pennsylvania medical negligence lawyers today, please complete our free, no-obligation case review form.
FAQs
Pennsylvania Medical Malpractice Law
How can the statute of limitations apply to my case?
The statute of limitations for medical malpractice in Pennsylvania generally falls into one of two categories:
- Medical malpractice claims resulting from an injury must be filed within two years from the date of the injury
- Medical malpractice claims resulting from a “failure to diagnose” may be given a limited extension by the court, depending on the facts of the claim. In these cases, the two-year time limit begins on the date the injury was realized.
Because every case is different, it is advisable to contact our medical malpractice lawyers in Pennsylvania to determine the statute of limitations that applies to your specific lawsuit.
Do I Have a Case?
Our medical malpractice attorneys can review the details of your situation to determine whether the statute of limitations has expired. If it has not, we can examine the actions (or failure to act) of your hospital, doctor or another healthcare provider. If a healthcare provider’s treatment was below the standard of care and If their negligence resulted in injury or death, we may be able to help you file a medical malpractice lawsuit to recover compensation for pain and suffering, lost wages, and additional medical expenses.
To learn more, please complete our free, no-obligation case review form.
MATTHEW J. PERRY
Partner
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Why Choose O'Malley and Perry As Your Personal Injury Attorneys?
If you have been injured due to someone else’s negligence, we hope you are on the road to recovery. However, it is likely that some person, company, or corporation is directly responsible for your injuries; or a beloved family member’s wrongful death. Our team of caring and experienced Pennsylvania personal injury lawyers at O’Malley & Perry Law will fight for our clients to help them win the rightful justice they deserve and seek compensation so they and their families can resume their normal lives. Our team of Northeast and Central Pennsylvania injury attorneys at O’Malley & Perry Law is well-suited to serving all your needs. We will provide a free and honest appraisal of your case and answer every question you have about the complicated aspects of personal injury law and the equally intimidating claims process. When you call our injury law firm — no matter the time — you will immediately speak with a caring and knowledgeable staffer who can schedule a consultation with an attorney located at our Scranton Pennsylvania offices. En Español.
Your initial, and free consultation appointment will occur very quickly with one of our dedicated attorneys. We handle almost every one of our cases on a contingency basis, which means you will pay nothing unless we obtain compensation on your behalf. Even if you are an undocumented immigrant, your residence status should not disbar you from seeking recovery for an injury you’ve suffered in Pennsylvania. However, it is still helpful to consult with an experienced attorney before you proceed. We strongly believe that an educated client makes a successful plaintiff. Below you will find a general overview of personal injury law. It will only take a few minutes to review and is well worth your time; because the better you understand the basics, the more informed your decision will be when choosing counsel to represent your interests.
Principle of Personal Injuries in Pennsylvania
Personal injury is the legal term given to bodily harm. A common example is a car accident where, a few days later, you can hardly move your head due to severe neck pain. Other examples include a doctor’s misdiagnosis of a “minor bump on the head” after you slipped and fell, and later you begin to show symptoms of traumatic brain injury. Premises liability claims also fall under the personal injury umbrella because such cases often involve injuries sustained because another individual or organization failed to provide the injured party with a reasonable standard of care. Defective products that are unsafe and cause you harm are another example of personal injury cases.
Medical malpractice occurs when doctors or other healthcare professionals fail to uphold their profession’s standard of care and cause harm to patients. Some common examples of medical malpractice include misdiagnosis, surgical mistakes, prescription errors, and birth injuries.
Personal injury can also involve intentional harm, such as nursing home abuse. Seniors who experience mistreatment at a nursing home or assisted living facility may be entitled to compensation for bedsores, infections, physical abuse, and other injuries.
Other common injury cases stem from accidents occurring at the workplace. Following an on-the-job injury, victims may be eligible for workers’ compensation benefits to cover their medical expenses and lost wages.
There’s no limit to the ways in which a person can be injured, and many cases include more than one defendant. In the most tragic cases, individuals may die as a result of their injuries, which can be grounds for a wrongful death claim. An experienced Northeast and Central Pennsylvania injury lawyer will be able to assist you in the event you elect to pursue legal action, regardless of the type of injury you have suffered.
MATTHEW J. PERRY
Partner
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O’Malley & Perry’s Process After You've Been in an Accident
Accident lawyers must be prepared to meet these challenges on behalf of their severely injured clients, and go above and beyond to secure fair compensation for your injuries.
Our Process
- Documentation
First, your legal team at OP Law will gather records related to your claim, including medical records, medical bills, and insurance policy information.
These documents will help your attorney understand the extent of your injury, and build your case for compensation. - Investigation
Your attorney and legal staff will investigate your accident in great detail to gather the necessary evidence. - Negotiation
Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to.
If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible form.
O’Malley & Perry Fights for Car Crash Victims in Pennsylvania
At O’Malley & Perry Law, our team of lawyers have achieved great success on behalf of people severely injured in car accidents, and their families. Our lawyers take insurance companies to task and hold negligent drivers accountable for the harm they cause. If you or a loved one has been seriously injured in a wreck, our legal team can provide an evaluation of your case at no-cost.
At O’Malley & Perry Law, our legal team has an undeniable record of success for clients severely injured in Northeastern Pennsylvania auto collisions. We will fight for you so that you and your family can get the compensation they deserve. Contact us for a free case evaluation today.
MATTHEW J. PERRY
Partner
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Critical Tips: What To Do After You've Been in an Auto Accident
If you are involved in a motor vehicle accident there are important steps that you must take in order to protect yourself. Remembering to take the following steps when you’re involved in a car or truck accident will have a substantial effect on the outcome of your personal injury claim.
1) Contact the Police and/or File a Police Report
If possible, contact the police immediately. Their presence at the accident scene can help ensure that you have records of important information for your personal injury claim. This may include the names and contact information of other parties that were involved. Also, the report itself can serve as a record of the important facts involved in the accident. The police report can be used as evidence at the time of trial to assist in the determination of which party caused the collision.
If you are unable to contact the police at the time of the accident it is important that you contact them as soon as possible thereafter so they can write a report.
2) Get Medical Treatment
If you’ve been injured as a result of someone else’s negligence, you must seek medical treatment. You should be aware that failing to seek medical attention after an accident can sometimes reduce the amount of damages you are able to recover. Therefore, after a car accident it is important to call your doctor, go to the emergency department of a local hospital or go to an urgent care so a medical professional can assess your injuries.
3) Statements at the Scene of the Crash
You are not required to comment on whose fault the accident and/or injury was or to offer additional information. Avoid making statements that might make the situation more complicated, and avoid creating conflicts in relation to the event.
4) Keep Copies of Your Records and Be Prepared to Provide Copies to Your Personal Injury Attorney
Make sure to keep copies of records that relate to the incident and/or injury you sustained. This may include hospital bills, medical diagnosis statements, bills related to property damage, and insurance records. You may also need to maintain records of lost wages if the injury has caused you to miss work.
5) Be Careful When Dealing with Insurance Companies
In most instances, working with an insurance company will be necessary in order to complete your personal injury claim. It is helpful to have a lawyer on hand for advice when dealing with large insurance companies.
6) Contact Your Lawyer Before Signing Any Documents!
Make sure you completely understand the terms of any forms and documents to be filled out in relation to the incident. Do not sign any forms or documents if you are not sure of how they will affect you. This includes any forms that may be presented to you by an insurance company after the event. Insurance companies and/or their attorneys may present you with documents or contracts that ask you to release the other party from liability, or that require you to forfeit your right to a lawsuit. It is imperative that you contact your lawyer before signing any documents related to the personal injury event.
7) Avoid Settling on Your Own
Settling your personal injury claim on your own with the other party or with their insurance company is a complicated process. Working with a lawyer can help you avoid costly mistakes that can have negative effects on your claim. An experienced personal injury attorney can help you maximize your recovery related to your incident.
8) Be Aware of Filing Deadlines!
It is important that you pursue your legal claim or lawsuit in a timely manner. The majority of personal injury claims have filing deadlines. This is known as the “statute of limitations” which can vary depending on the state and the type incident. Once the statute of limitations has expired, you will likely lose your right to file a lawsuit.
9) Research the Legal Process
It may be worthwhile to familiarize yourself with the basics of personal injury lawsuits in your jurisdiction. Preparing a case for settlement and filing a lawsuit can be a long and costly process. Speaking with a lawyer for some basic guidelines can help make the process easier to digest.
10) Be Sure to Hire the Right Kind of Lawyer
Be sure to hire a firm that specializes in representing people injured as a result of someone else’s negligence. O’Malley & Perry Law has ample experience handling all types of personal injury matters. Call us today for a free consultation or with any questions you have about your claim. An attorney from our firm will be happy to assist you.
Questions? Contact us directly to discuss your options and answer any of your legal concerns today.
MATTHEW J. PERRY
Partner