Medical malpractice can have devastating consequences for patients and their families. When a healthcare provider makes a serious error—such as a misdiagnosis, a surgical mistake, or a medication error—victims may be able to file a medical malpractice lawsuit to seek compensation.
However, Pennsylvania law imposes strict time limits for filing these lawsuits, known as the statute of limitations. If you miss the deadline, your case may be dismissed, and you could lose your chance to recover damages.
This article provides a detailed overview of Pennsylvania’s medical malpractice statute of limitations, exceptions that may extend the deadline, and what to do if you believe you have a case. Understanding these laws is crucial if you or a loved one has been harmed by medical negligence.
What is the Pennsylvania Medical Malpractice Statute of Limitations?
The statute of limitations is a legal deadline that determines how long a victim has to file a lawsuit against a healthcare provider for medical malpractice.
Under 42 Pa. C.S. § 5524(2), the standard statute of limitations for medical malpractice in Pennsylvania is two years. This means that a patient typically has two years from the date of the malpractice incident to file a lawsuit.
If the lawsuit is not filed within this period, the court may dismiss the case, preventing the victim from recovering compensation.
How Long Do You Have to Sue for Medical Malpractice in Pennsylvania?
The Standard Two-Year Deadline
For most medical malpractice cases in Pennsylvania, the statute of limitations is two years from the date of injury. If you do not file your lawsuit within this timeframe, the court is likely to dismiss your case.
However, there are several exceptions that may extend the filing deadline.
The Discovery Rule
In some cases, a patient may not immediately realize that they have been harmed by medical malpractice. Pennsylvania follows the discovery rule, which allows victims to file a lawsuit two years from the date they discovered (or reasonably should have discovered) the malpractice.
For example, if a patient had surgery in 2018 but only learned in 2022 that a surgical error had caused serious harm, they may still be able to file a lawsuit, as the two-year clock would start from 2022.
Statute of Limitations for Minors
If the victim of medical malpractice is a minor, Pennsylvania law provides additional protections. The statute of limitations does not begin until the child turns 18 years old. This means that a minor who suffered medical malpractice at the age of 10 would have until their 20th birthday to file a claim.
Wrongful Death Cases
If medical malpractice results in a patient’s death, the statute of limitations is two years from the date of death. This deadline applies to wrongful death lawsuits filed by family members or estate representatives.
Exceptions That Extend the Statute of Limitations
Fraudulent Concealment by a Doctor
If a doctor or healthcare provider intentionally hides their malpractice, the statute of limitations may be extended. The two-year clock begins from the date the fraud was discovered, rather than the original date of malpractice.
For instance, if a doctor knew they made a mistake during surgery but covered it up, and the patient only found out about it years later, the statute of limitations would start when the patient discovered the malpractice.
Foreign Objects Left in the Body
If a doctor leaves a foreign object inside a patient’s body, such as a sponge or surgical tool, Pennsylvania law allows the patient to file a lawsuit two years from the date of discovery rather than from the date of the original surgery.
Since foreign objects can remain undetected for years, this exception provides additional time for victims to seek justice.
Patients Who Are Legally Incapacitated
In cases where a patient is mentally incapacitated due to a severe medical condition or disability, the statute of limitations may be paused until the patient regains legal capacity to file a lawsuit.
What is the Statute of Repose for Medical Malpractice in Pennsylvania?
In addition to the statute of limitations, Pennsylvania has a statute of repose, which places an absolute deadline on malpractice claims.
Under the statute of repose, a medical malpractice lawsuit must be filed within seven years of the malpractice event, regardless of when it was discovered.
This means that even if a patient did not know about the malpractice, they cannot file a lawsuit more than seven years after the date of the medical mistake.
Exceptions to the Statute of Repose
The only two exceptions to Pennsylvania’s statute of repose are:
- Fraudulent concealment of malpractice by a healthcare provider
- Foreign objects left in the body
In these cases, the victim may still be able to file a lawsuit, even if more than seven years have passed.
What Happens If You Miss the Filing Deadline?
If you miss the statute of limitations, your case may be permanently dismissed by the court. This means you will not be able to seek compensation for medical bills, lost wages, or pain and suffering caused by medical malpractice.
Are There Any Legal Loopholes?
If your filing deadline has passed, speak with a medical malpractice attorney as soon as possible. You may still be able to file a lawsuit if:
- The discovery rule applies and you only recently found out about the malpractice
- The doctor fraudulently concealed their negligence
- The malpractice involved a foreign object left in the body
A lawyer can assess your case and determine if you qualify for an extension.
How to File a Medical Malpractice Lawsuit in Pennsylvania
Step 1: Gather Medical Records & Evidence
To file a successful medical malpractice claim, you need to collect evidence. This includes obtaining medical records, documentation of the injury, and testimony from medical professionals.
Step 2: Obtain a Medical Expert’s Opinion
Pennsylvania law requires plaintiffs to submit a certificate of merit, which means a qualified medical expert must confirm that malpractice occurred. Without this certification, the case cannot proceed.
Step 3: File the Lawsuit in Court
Once the necessary documentation is ready, your attorney will file a formal complaint in court. The legal process will include pre-trial discovery, depositions, and, if necessary, a trial.
Frequently Asked Questions (FAQs) on Pennsylvania Medical Malpractice Lawsuit Deadlines
What is the statute of limitations for medical malpractice lawsuits in Pennsylvania?
The standard statute of limitations for filing a medical malpractice lawsuit in Pennsylvania is two years from the date of injury or two years from the date the malpractice was discovered or reasonably should have been discovered. If a claim is not filed within this period, the case may be dismissed by the court.
What is the discovery rule, and how does it affect the statute of limitations?
The discovery rule allows patients who were unaware of medical malpractice at the time it occurred to file a lawsuit two years from the date they discovered (or reasonably should have discovered) the malpractice. This rule is commonly applied in cases where symptoms or medical errors are not immediately evident, such as a delayed diagnosis of a serious condition or a foreign object left inside a patient’s body during surgery.
Does the statute of limitations apply differently to minors?
Yes, Pennsylvania law provides special protections for minors affected by medical malpractice. The statute of limitations does not begin until the child turns 18 years old, meaning they have until their 20th birthday to file a lawsuit. This exception ensures that minors have adequate time to seek legal recourse once they reach adulthood.
What is the statute of repose, and how does it affect medical malpractice claims?
The statute of repose places an absolute deadline of seven years from the date of the alleged malpractice, regardless of when the injury was discovered. This means that, in most cases, a medical malpractice lawsuit cannot be filed more than seven years after the incident, even if the patient was unaware of the malpractice. There are two exceptions: cases involving fraudulent concealment and cases where a foreign object was left inside a patient’s body.
Can I file a medical malpractice lawsuit if my doctor hid the malpractice from me?
Yes, Pennsylvania law allows an extension of the statute of limitations in cases of fraudulent concealment. If a healthcare provider intentionally hides or misrepresents their negligence, the two-year deadline starts from the date the patient discovers the malpractice, rather than the date it occurred. A lawyer can assess whether this exception applies to your case.
Contact Purchase, George & Murphey, P.C. Today
Understanding Pennsylvania’s medical malpractice statute of limitations is crucial for protecting your legal rights. If you or a loved one has suffered due to medical negligence, do not wait to take action.
If you are unsure whether you still have time to file a lawsuit, speak with a medical malpractice attorney immediately. A lawyer can assess your case, determine if any exceptions apply, and guide you through the legal process.
Take action today—contact Purchase, George & Murphey, P.C. today to explore your legal options.
