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How much time does a patient have to sue a Pennsylvania hospital ER for medical malpractice?

Phil Blackman-Pennsylvania New Jersey Personal Injury LawyerPublished on behalf of Philip Blackman, an experienced personal injury lawyer who has devoted his entire career to helping individuals and families who have been injured due to medical malpractice, car accidents, fall accidents and more. FREE Consultations: 215.925.4451

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:

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

Medical malpractice Law Library

The Statute of Limitations in a Pennsylvania Hospital & Emergency Room Malpractice Case

The application of the statute of limitations is one of the most critical issues in a potential hospital malpractice case. Whether a case is time-barred by the statute of limitations is a very fact intensive question that requires analysis of all relevant medical...

Pennsylvania & New Jersey Hospital Emergency Room Malpractice – Pharmacy Errors

Under Pennsylvania and New Jersey law, hospitals can be held liable for their own actions and failures to act in a case of medical negligence. Even where a pharmacist commits the actual negligence which results in the injury, the hospital may bear liability....

Pharmacy Errors in a Pennsylvania Hospital Medical Malpractice Case

Pharmacy errors are often deadly, and most victims of pharmacy error or their families will never discover the error. This is due in large part to the fact that underlying diseases and illnesses are often believed to be the cause of symptoms or death. The reality is...

Corporate Negligence Claims in a Pennsylvania Hospital Malpractice Lawsuit

In Pennsylvania medical malpractice cases, hospitals can be sued alongside the doctors and other employees who commit negligence. The basis of hospital liability in a case of medical malpractice in Pennsylvania lies in the type of negligence claim which can be made...

How to Prove Hospital & Emergency Room Medical Malpractice in Pennsylvania

Determining whether a Pennsylvania hospital or emergency room was negligent requires significant analysis of often voluminous medical records and knowledge of the complexities of the medicine involved in the treatment. Therefore it is crucial to have a potential case...

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