Need Legal Help? Call 215.925.4451

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.

Related Pennsylvania hospital/emergency room malpractice legal articles:

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

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,...

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...

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...

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....

FREE CONSULTATIONS

    Spam:  

    *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.

    OUR OFFICES

    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