What is the statute of limitations in a Pennsylvania medical malpractice action?


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A: As a general rule, the statute of limitations in personal injury matters, including medical malpractice cases, is two years from the date of the injury or act of negligence. Therefore, if a surgeon makes a mistake during surgery, the statute of limitations would begin to run on the date of that surgery. However, the so-called “discovery rule” operates to toll the statute from running, in certain situations. In cases where the patient was unable to discover the injury and its cause despite exercising due diligence, the statute of limitations may be tolled. When analyzing a statute of limitations issue in a medical malpractice case, Pennsylvania courts will focus on why the patient was unable to discover the malpractice.

Statute of limitations issues are very complex and require analysis by an experienced, knowledgeable medical malpractice lawyer in Pennsylvania. It is advisable to contact a lawyer immediately.

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Published: July 9, 2012