If you have been injured as a result of the negligence of a healthcare treatment provider you are likely asking yourself the following important question: “How Long Do I Have To File A Medical Malpractice Lawsuit in Pennsylvania?”

Most states have statutes of limitations that define the amount of time during which an individual can file a lawsuit claiming injury related to medical malpractice, negligence or other personal injury. In Pennsylvania, the statute of limitations on most medical malpractice, negligence or personal injury claims is 2 years.

There are circumstances that change the limitation period for filing a lawsuit, including claims where the victim is a child or minor (Minors Tolling Statute) or when the injured party is unaware in spite of reasonable investigation that their injury was caused by malpractice or negligence (The Discovery Rule.)

The attorneys of O’Malley & Perry have been practicing law in Pennsylvania for over 70 years so we have a lot of experience in identifying and determining how the statute of limitations affects your medical malpractice or personal injury claim.

Pennsylvania Minors Tolling Statute

If a child is injured by medical malpractice before the age of 18, the two-year statute of limitations does not begin to run until the child reaches 18. Thus, a claim for damages related to an injury to a child can typically be filed any time before the individual reaches the age of 20 years.

The Discovery Rule

The Discovery Rule may extend the amount of time in which you have to file a claim in cases of medical negligence or malpractice. If a person is unable despite reasonable diligence to learn that they are injured or that their injury may have been caused by the negligence of a health care provider, the Discovery Rule may apply.

Depending on the amount of time that has passed, The Discovery Rule may allow for the recovery of damages, even if the two-year statute of limitations has already expired.



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