Reviewing the statute of limitations for medical malpractice

According to data collected by Forbes, over $3 billion was paid out in medical malpractice and doctor negligence claims in 2012. Many come into our offices here at Eisenberg, Rothweiler, Winkler, Eisenberg and Jeck. P.C. expecting to join the ranks of those receiving such payouts only to discover that malpractice claims have a very strict statute of limitations. This makes one’s prompt response to a case of medical negligence that much more important. In this post, we’ll examine just what those statutes in the state of Pennsylvania are and what cases may qualify as exceptions.

The current statute of limitations for medical malpractice cases is two years from the time of injury or the onset of illness. However, there are some cases that may be exempt from this rule. If one is able to prove that he or she was unaware in the immediate aftermath of a hospital or surgical encounter that the cause of any suffering was due to provider negligence, his or her time to file a claim may be extended. This is popularly known as the Discovery Rule. Its application, however, must meet stringent requirements of the state’s Statute of Repose, which, among other things, places a 12-year timely filing limit on claims.

Those under the age of 18 are offered more time to file malpractice claims thanks to the Minors Trolling Statute. It states that the typical two-year statute of limitations doesn’t go into effect until one reaches 18 years of age. Thus, those who fall under this statute can technically still initiate action up until the age of 20.

If you would like more information please visit our Medical Malpractice page.



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