Pennsylvania Statute of Limitations for Filing Medical Malpractice Lawsuits
In Pennsylvania, the statute of limitations for taking legal action against a doctor for medical malpractice is two years when the injured person is an adult (18 years or older at the time of the injury.)
Pennsylvania has “discovery rule.” This means, that in certain cases, the statute of limitation for filing personal injury actions may be extended. This rule may be applied when the victim (plaintiff) first knew, or should have known, that they were injured and that the injury was caused by someone else’s conduct.
If a child is the injured party, or was legally emancipated at the time of the injury, or the injury occurred at birth, there are different time frames for filing a lawsuit (see below for more detail.)
What are the statutes of limitations in Pennsylvania for filing a medical malpractice lawsuit?
General Statutes of Limitations in Pennsylvania for personal injury lawsuits are:
- Adults must file a lawsuit within two years from the date the injury occurred;
- If a minor (under the age of 18) was legally emancipated in Pennsylvania at the time of the injury, the time limits for adults applies. Emancipated minors must file a lawsuit within two years of the injury.
- Lawsuits on behalf of minors must be filed within two years of the minor’s 18th birthday.
Pennsylvania Medical Malpractice Lawsuits:
- Adults must file a suit within two years of the time a person could or should have known that malpractice was committed;
- If a minor (under the age of 18) was legally emancipated in Pennsylvania at the time of the injury, the time limits for adults applies. Emancipated minors must file a lawsuit within two years of the injury.
- Minors must file a suit within two years of the person’s 18th birthday, unless the injury occurred at birth;
Medical malpractice lawsuits for injuries at birth:
- In Pennsylvania, most medical malpractice lawsuit must be filed within two years of the injured minor’s 18th birthday.
Pennsylvania Product Liability Lawsuits
In some cases, product liability becomes an issue when a patient is harmed. For example, faulty medical devices, dangerous medications, and even surgical equipment can cause injuries. When an injury is the result of dangerous or defective products, the victim must take legal action within two years of the date of the injury.
