The Statute Of Limitations For A Medical Malpractice Claim

Any Pennsylvania health care provider may be held liable for acts of medical malpractice. The definition of “health care provider” includes licensed individuals or entities such as doctors, nurses, specialists, dentists, and even midwives that provide medical services and care. Medical facilities such as hospitals, clinics, nursing homes, and emergency care centers are also health care providers within this definition.

Like most personal injury cases, medical malpractice cases are typically based on negligence. A medical malpractice plaintiff must present proof that the “health care provider” did not act reasonably or with the skill and care that a reasonably qualified health care provider would have demonstrated under the same circumstances.

However, as with any injury, if you or a loved one has suffered an injury or some harm resulting from an incident of medical malpractice, time is of the essence to present your case because of the applicable statute of limitations. These statutes are laws passed by the Pennsylvania legislature that reflect a public policy placing some limitation on the right to sue and a maximum time after an event for which legal proceedings may be initiated.

A party injured by an incident of medical malpractice must file a lawsuit within two years of discovering the injury, or two years from the date that the injury reasonably should have been discovered. A party may not file any medical malpractice suit more than seven years after the date of the occurrence of the incident of medical malpractice, i.e., the negligent act or omission. Note that there is an exception to this limitation in Pennsylvania for minors.

Proving each element in a medical malpractice case typically carries a higher degree of difficulty than in other personal injury cases, thus necessitating the help of an attorney experienced in such litigation.James F. Mundy, Esq. is one of Pennsylvania’s most qualified and experienced medical malpractice attorneys. If you or a loved one has suffered any type of injury because of an accident or incident of medical malpractice, including surgical errors or negligence during pregnancy or childbirth, contact Powell Law at call (570) 961-0777. The consultation is FREE and you don’t pay anything unless we win.

The Statute Of Limitations For A Medical Malpractice Claim

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