Pennsylvania Medical Malpractice Statute of Limitations
As soon as you suspect that a medical provider’s negligence has harmed you, call the Law Offices of Edward P. Shaughnessy. Under Pennsylvania’s medical malpractice statute of limitations, victims have a time limit to file a medical malpractice lawsuit. Pennsylvania medical malpractice lawyer Ed Shaughnessy has extensive experience with medical malpractice claims and helps clients throughout Lehigh Valley, Philadelphia, Pittsburgh, Harrisburg, Allentown, and throughout Pennsylvania.
With over 35 years of practice, experienced medical malpractice attorney Ed Shaughnessy understands how to hold healthcare providers responsible for medical negligence.
Call (610) 258-9955 to schedule a free consultation for your medical malpractice case.
Medical Malpractice Statute of Limitations PA – Time Limits for Filing a Medical Malpractice Lawsuit
Statute of limitations refers to a limit that is set on the amount of time you have to pursue legal action. The limitations period varies depending on the type of lawsuit you wish to file. Many states, including Pennsylvania, have laws specifically governing the statute of limitations deadline for medical malpractice lawsuits. Under Pennsylvania consolidated statutes § 5524(2), the time limit to file a Pennsylvania medical malpractice lawsuit is two years.
Pennsylvania Discovery Rule In Medical Malpractice Laws
The Pennsylvania discovery rule delays the start of the statute of limitations for medical malpractice cases when a victim did not and could not reasonably discover that their injury existed or was caused by a medical error.
In practice, Pennsylvania’s discovery rule means that while most medical malpractice lawsuits must be filed within the medical malpractice statute of limitations under Pennsylvania consolidated statute § 5524, the time limit won’t run if the injury or its cause was only reasonably discoverable later.
When Does the Pennsylvania Statute of Limitations Period Start?
The two-year Pennsylvania statute of limitations starts when the injured party discovers or should have discovered the injury under the discovery rule. This isn’t always the date of the negligent act. However, the reasonable discovery of harm triggers the Pennsylvania statute of limitations under the discovery rule. Under Pennsylvania statute of limitations laws, the patient must have discovered both the injury and that it was caused by medical negligence.
Examples of Pennsylvania Discovery Rule Application
Examples of the discovery rule for medical malpractice in Pennsylvania:
- Delayed Diagnosis: A patient later learns that a doctor failed to identify cancer or another serious illness. The Pennsylvania statute of limitations begins when the patient discovers the missed diagnosis, not on the date of the original appointment.
- Surgical Error: A healthcare professional leaves a foreign object, like a sponge or surgical tool, inside the patient’s body. The foreign object goes undetected until the patient experiences symptoms years later. The discovery rule tolls the statute of limitations until the error is reasonably discovered, not the date the patient undergoes surgery.
- Medication Error: A patient experiences complications and only later learns that the issue resulted from being prescribed the wrong dosage or medication. The time limit starts once the connection between the injury and the prescription error becomes known.
- Negligent Postoperative Care: Complications after surgery may initially appear normal, delaying the realization that medical negligence caused the harm. The statute begins when the patient learns or should have learned of the improper treatment.
- Misrepresentation or Fraudulent Concealment: If a healthcare provider hides or misrepresents a mistake, the discovery rule pauses the statute until the patient learns of the deception and its role in causing the injury.
Statute of Repose Pennsylvania: Supreme Court Overturned in 2019
Formerly, Pennsylvania courts further regulated the statute of limitations under the Medical Care Availability and Reduction of Error (MCARE) Act. The Medical Care Availability and Reduction of Error established a seven-year statute of repose. In Pennsylvania, the statute of repose required victims to file medical malpractice lawsuits within seven years of when the alleged malpractice occurred. The statute of repose effectively put an upper limit on when individuals could initiate medical malpractice cases.
The Pennsylvania Supreme Court overturned the statute of repose in 2019. Under Yanakos v. UPMC, 655 Pa. 615 (2019), the statute of repose was found to be unconstitutional. Now, Pennsylvania allows victims who could not have quickly discovered medical malpractice occurred more time to file malpractice claims. However, victims must prove that they did not and could not have discovered the medical professional’s negligence any sooner.
Statute of Limitations For Minors Harmed By Medical Malpractice in Pennsylvania
Most medical malpractice lawsuits are subject to Pennsylvania’s statute of limitations. However, state law provides an extension of the limitations period for minors. If medical malpractice occurred and harmed a child under 18, the statute of limitations for Pennsylvania medical malpractice claims is until the victim’s 20th birthday. This applies to birth injuries.
Deadline For Parents To File Birth Injury Claims in Pennsylvania
If parents are filing malpractice claims to seek reimbursement for medical costs incurred on behalf of their minor child, the two-year deadline applies to them. The parents’ financial claims are not tolled by the child’s age.
Certificate of Merit for Pennsylvania Medical Malpractice Claims
A Certificate of Merit is required in most medical-malpractice lawsuits and professional liability claims. According to Pennsylvania law 1042.3, a plaintiff or attorney must file a certificate affirming one of the following:
- an “appropriate licensed professional” has supplied a written statement indicating a reasonable probability that the defendant’s medical care fell outside the standard of care and caused the plaintiff’s injuries, or
- the medical malpractice claim is based solely on the alleged deviation of other licensed professionals for whom the defendant is responsible, or
- expert testimony is unnecessary.
The certificate must accompany a statement from a qualified medical expert, and failure to file the certificate within 60 days of filing the complaint may result in the medical malpractice case being dismissed or a non-pros judgment entered.
Exceptions to Statute of Limitations for Medical Malpractice in Pennsylvania
Fraudulent Concealment Exception
Under Pennsylvania law, the fraudulent concealment exception tolls the statute of limitations for medical malpractice claims when a healthcare professional or hospital intentionally hides evidence of medical malpractice occurring. The time limit for filing malpractice claims is paused during the period of concealment. The Pennsylvania statute of limitations for medical malpractice plaintiffs only begins when they discover, or reasonably should have discovered, the fraud. Fraudulent concealment is more than failure to disclose. To invoke this in medical malpractice litigation, experienced attorneys must prove active concealment.
This can include:
- falsifying records,
- altering test results, or
- providing misleading explanations
Medical Malpractice Statute of Limitations Exception for Foreign Objects in Pennsylvania
Under medical malpractice statute of limitations deadlines, if a surgical instrument, sponge, or other foreign object is left inside a patient’s body during medical treatment and is only discovered later through imaging or symptoms, Pennsylvania’s statute of limitations for filing a malpractice claim begins at the time the object is discovered.
While the general statute of limitations for medical malpractice is two years from the date the injury is known or should have been, and the statute of repose previously limited valid claims to seven years from the alleged malpractice occurring, Pennsylvania courts treat medical malpractice cases involving retained foreign objects as exempt.
If you’ve discovered your doctors left a foreign object in your body following medical treatment, contact a surgical error lawyer in Pennsylvania.
Exceptions for Continuous Course of Treatment in Pennsylvania Statute of Limitations Deadlines
A continuous course of treatment extends the Pennsylvania statute of limitations deadlines when medical malpractice plaintiffs receive ongoing medical treatment from the same healthcare professional for the same condition. The limitation period does not begin until the course of medical care ends, recognizing that patients should not be forced to sue while still under the provider’s care. Pennsylvania courts, however, interpret this doctrine narrowly. It applies only when the medical treatment is truly continuous and directly related to the alleged malpractice occurring. This doesn’t protect malpractice claims if the patient changes doctors or when the treatment relationship has ended.
Pennsylvania Statute of Limitations For Medical Malpractice Wrongful Death
Under the Pennsylvania Wrongful Death Act (42 Pa.C.S. § 8301), the legal deadline for filing a wrongful death claim arising from a negligent act or negligence is two years from the date the patient died.
A companion survival action under 42 Pa.C.S. § 8302 follows the same two-year limitations deadline for recovering compensation.
Both wrongful death and survival action are generally filed together by the decedent’s personal representative on behalf of the estate and surviving family members. Wrongful death claims seek damages for funeral costs, lost financial support, and companionship, while survival actions recover the deceased’s pain, suffering, and medical bills prior to the wrongful death. Timely filing is essential to preserve both estate and family claims.
Contact a Pennsylvania wrongful death lawyer to learn more.
Special Situations Affecting Pennsylvania Statute of Limitations Deadlines
Mental Incapacitation Limitations Deadline Exceptions in Pennsylvania
The malpractice statute of limitations may be tolled for individuals who are mentally incapacitated at the time of the negligent act. This applies when patients have been adjudicated incompetent or are so severely impaired that they cannot understand or manage the case with legal guidance. The statute remains paused until the person regains legal capacity, at which point a guardian or personal representative must file the malpractice lawsuit within two years. This rule ensures that mentally incapacitated patients are not deprived of their right to seek compensation due to their condition.
Exceptions for Military Statute of Limitations for Medical Malpractice in Pennsylvania
Active-duty military personnel may qualify for extended filing deadlines under the Servicemembers Civil Relief Act (SCRA) and corresponding Pennsylvania tolling provisions. These laws pause the legal deadline while the service member is on active duty. In medical malpractice cases involving treatment at military or civilian facilities, calculating the correct deadline can be complex. Consulting a lawyer early familiar with both federal SCRA protections and Pennsylvania law is essential to determine the proper filing timeframe.
Common Medical Malpractice Cases Subject to Statute of Limitations
- Misdiagnosis and medical misdiagnosis in Pennsylvania.
- Surgical errors and wrong-site surgery
- Pennsylvania birth injury claims, especially cerebral palsy
- Anesthesia errors
- Medication errors and pharmacy mistakes
- Hospital malpractice and infections
- Emergency room errors
- Failure to diagnose a heart attack or stroke
Who is Subject to Pennsylvania Medical Malpractice Lawsuits?
All healthcare providers can be held responsible for medical negligence. Our Pennsylvania personal injury lawyers assist injured patients in identifying responsible parties and seeking compensation from those parties. Below, we list a few types of medical providers that can be held liable in malpractice claims.
Physician Malpractice: These providers are often responsible for medical procedures and thus shoulder significant responsibility when medical errors occur. State law holds surgeons, pediatricians, OB-GYN doctors, anesthesiologists, and other doctors responsible for the quality of care they offer.
Nurse Malpractice: These healthcare professionals play a crucial role in treating patients. Nurses, nurse practitioners, and P.A.s may make critical errors that result in serious injuries.
Hospital Malpractice: Medical facilities, including hospitals, clinics, or healthcare systems, can be liable for medical negligence. To learn more about how to sue a hospital for hospital-acquired conditions in Pennsylvania, call a medical malpractice lawyer from our law firm to start an attorney-client relationship. Attorney Shaughnessy is skilled in assisting with hospital malpractice lawsuits.
How a Medical Malpractice Attorney in Pennsylvania Can Help
Seeking compensation and justice for medical negligence isn’t an easy task. Hospitals, doctors, and staff are invested in protecting their reputations. Many hold malpractice insurance and have defense attorneys on retainer. For this reason, an experienced attorney should help you pursue a malpractice claim.
How can you get help with a medical malpractice issue in Pennsylvania? By contacting an experienced medical malpractice attorney like Ed Shaughnessy. His law firm provides experienced legal counsel to individuals pursuing personal injury claims and surviving family members seeking justice for wrongful death.
A strong case starts with establishing a doctor-patient relationship between the plaintiff and the healthcare provider in question. By establishing this relationship, medical malpractice lawyers can prove that medical providers owed patients a duty of care. Next, law firms gather evidence that proves medical staff failed to meet standards of care. This will require medical records and, in some cases, expert testimony. After proving that your healthcare provider deviated from acceptable standards, medical malpractice lawyers demonstrate how their negligent act directly caused clients’ injuries.
Shaughnessy’s law firm is familiar with Pennsylvania courts and medical law. This helps protect your family’s legal rights to recover compensation. He’ll seek damages for medical expenses, pain and suffering, lost wages, and other losses resulting from medical negligence. In cases involving gross negligence, he’ll also seek punitive damages.
Contact a Leigh Valley Medical Malpractice Lawyer From Ed Shaughnessy’s Law Firm For a Free Consultation
Injured patients should not be left to suffer due to medical errors. Medical malpractice lawyer Ed Shaughnessy provides compassionate, experienced legal services to those who have suffered personal injuries in Easton, PA. Whether you need help negotiating with insurance companies, dealing with complicated paperwork, or figuring out tricky legal requirements, Ed Sahughnessy can provide the support you need.
Take the first step to pursuing compensation for medical malpractice today. Call the Law Offices of Edward P. Shaughnessy. Clients can schedule a free consultation with Attorney Shaughnessy by calling (610) 258-9955 or by contacting us online.
