A: The answer depends on when the patient discovered that the hospital or emergency room committed negligence. Under Pennsylvania medical malpractice law, a patient who brings a claim beyond the usual two year window, may be able to use a special rule to stall the statute of limitations. Known as the “discovery rule,” this special rule stalls the statute until the date the patient should have reasonably uncovered the negligence. So, it is possible that hospital/ER medical negligence and malpractice cases in Pennsylvania can be brought outside of the usual two year window.
Click here to access our free legal article which discusses the statute of limitations in a Pennsylvania hospital and ER malpractice case.
In many situations of hospital and emergency room negligence, the patient does not discover the negligence immediately. It may be years or at least many months before a patient can make the connection between their current symptoms or diagnosis and the hospital’s negligence.
Many times, a hospital/emergency room may be negligent in situations involving:
- orthopedic surgeries,
- implants and medical devices,
- radiology and diagnostic test errors and misreads,
- pharmacy errors,
- birth injuries,
- and more
Statute of limitation questions are very complex and any potential hospital or medical malpractice case should be reviewed by a knowledgeable Pennsylvania hospital and emergency room malpractice lawyer immediately.
More from our Pennsylvania Hospital/ER and Medical Malpractice Law Library:
- The Statute of Limitations in a Pennsylvania Hospital & Emergency Room Malpractice Case
- Pennsylvania & New Jersey Hospital Emergency Room Malpractice – Pharmacy Errors
- Corporate Negligence Claims in a Pennsylvania Hospital Malpractice Lawsuit
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.
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Published: September 19, 2012