A: The general statute of limitations for all negligence cases, including hospital or emergency room malpractice cases, is two years from the date of the injury or negligent act. However in many hospital and medical malpractice cases, the patient will not be able to uncover the injury or negligent act until well after the statute of limitations has expired. Therefore the “discovery rule” may toll or stall the statute of limitations to allow a patient who has no reasonable way of discovering the negligent act. So, under the discovery rule, the statute of limitations clock would begin ticking when the patient uncovers the injury or negligent act.
For example, in a case where a surgery at a hospital was performed negligently, the two year statute of limitations period would begin running when the patient has a reasonable basis to discover that the surgery was performed negligently.
Statute of limitations issues are very complex and require review by a knowledgeable and experienced medical malpractice lawyer in Pennsylvania.
Related Pennsylvania hospital/emergency room malpractice legal articles:
- Pennsylvania & New Jersey Hospital Emergency Room Malpractice – Pharmacy Errors
- Pennsylvania Hospital Medical Malpractice Law – Theories of Negligence Against Hospitals
- Proving Emergency Room Mistake & Medical Malpractice in Pennsylvania
Pennsylvania Hospital & Emergency Room Malpractice Lawyers
For more information, contact our Pennsylvania & New Jersey hospital emergency room lawyers at 215.925.4451. For nearly 30 years, our law firm has been seeking justice for patients and their families across the Pennsylvania and New Jersey areas. Our lawyers are available for a free, no obligation legal consultation.
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Published: September 11, 2012