Need Legal Help? Call 215.925.4451

Philadelphia, Pennsylvania Hospital Emergency Room Malpractice Law – The Statute of Limitations

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

In cases of hospital and emergency room malpractice, Pennsylvania’s statute of limitations is two years from the date of the injury. However, in cases where the patient was unable to discover the abuse, the statute of limitations may be tolled. In such a situation, the statute would begin ticking once a patient knew or should have known that there was an error at the hospital or emergency room.

The classic example is when a surgery patient discovers that a surgical tool was left in their body years after the surgery. A more complex example is an open reduction internal fixation (ORIF) surgery where a fractured bone is not set back properly or a pin is not placed correctly. The patient might not discover that the orthopedic surgeon committed an error until many years after the original surgery. In these kinds of cases, the laws of Pennsylvania would probably allow the patient to bring a claim after the two year statute of limitations period.

In many cases of malpractice in an emergency room or hospital setting, whether a doctor at the hospital committed medical malpractice requires intensive review of the facts and timeline.

Most cases of hospital and emergency room errors involve failure to diagnose, medication mistakes, or misreading of test results. In these kinds of situations, the malpractice usually results in the patient’s death or at the least, severely worsened outcome.

There are two main factors which will determine when the statute of limitations begins ticking: what the hospital said about its treatment and the age and sophistication of the plaintiff.

For example, a woman who goes to the emergency room with symptoms of a stroke, but is diagnosed with a sinus infection, is released, and later dies would have a potential malpractice case against the hospital. Her family would then be able to pursue the claim.

What the deceased patient and her family were told about what happened at the initial emergency room visit will be crucial in determining when the statute begins ticking. The deceased patient and her family may be misled by the hospital into thinking that the stroke was not discoverable at the initial visit. This is not uncommon. Doctors tend to protect each other and those within the same practice or hospital may not be forthright about the full nature and extent of the malpractice.

In addition, the age and sophistication of the deceased plaintiff will be important as well. If the deceased patient was a nurse with 20 years of experience, a court may find that she should have realized the error before she died.

Each hospital and emergency room malpractice case is unique and requires extensive review to determine when the statute of limitations expires. It is important to have the case reviewed immediately by a knowledgeable and experienced Philadelphia, PA medical malpractice lawyer.

Related Legal Articles:

Click here to read about additional Philadelphia, Pennsylvania and New Jersey hospital medical malpractice case results.

Click here to read about additional Philadelphia, Pennsylvania and New Jersey doctor, specialist and surgeon medical malpractice case results.

If you’d like a NO-COST review by our Philadelphia hospital emergency room lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.

The lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities

*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: June 11, 2012

Medical malpractice Law Library

8 Tips for Better Treatment in a Hospital Emergency Room or Clinic

Over the past several years, emergency room waiting times have gotten longer for multiple reasons such as increased costs of health care,  hospital closures, etc. Historically, people with low income and minorities have poorer outcomes and longer wait times during...

Philadelphia Emergency Room Mistakes – Too Common and Not Always Revealed

Medical malpractice in emergency rooms, hospitals, and doctors' offices happens every day. No one is perfect. Everyone makes mistakes. A great piece of advice for young lawyers who are just starting out - it's a given that you're going to make mistakes; it's what you...

HB 2299 Would Harm Pennsylvania’s Most Vulnerable Citizens

Right now, House Bill 2299 is being considered in the Pennsylvania House of Representatives. If passed, it would change the rights of people who receive substandard medical care in hospital emergency rooms or clinics in Pennsylvania. One of the reasons cited for...

Failure to Implement Proper Procedures Leads to Hospital & Emergency Room Mistakes

There is a strong public perception that hospital deaths caused by malpractice are less than in reality. According to the Institute of Medicine, at least 44,000, and as many as 98,000 people die each year as a result of preventable hospital errors. In 2002, a study...

Common Emergency Room Mistakes in a Philadelphia Medical Malpractice Lawsuit

Emergency room errors are very common and often result in death or worsened outcomes. The main reason emergency room errors are common is the nature of the emergency room, a high volume, fast-paced environment, coupled with lack of training, inadequate staffing, etc....



    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.


    Pennsylvania Office
    The Pavilion
    261 Old York Rd., Suite 504
    Jenkintown, PA 19046
    Tel: (215) 925-4451
    Fax: (215) 574-1200

    New Jersey Office
    1415 Route 70 East
    Cherry Hill, NJ 08034
    Tel: (856) 427-0614
    Fax: (856) 424-3690