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What is the statute of limitations in a Pennsylvania hospital malpractice case?

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 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.

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Published: September 11, 2012

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