Are there special rules that apply only to medical malpractice cases?

A:

There are many rules that apply only to medical malpractice cases.  One example of this concerns the statute of limitations.  The general rules concerning statutes of limitations, click here, apply to medical malpractice cases.  But, in addition, the following time rules apply only to medical malpractice cases.

(a) GENERAL RULE.-- Except as provided in subsection (b) or (c), no cause of action asserting a medical professional liability claim may be commenced after seven years from the date of the alleged tort or breach of contract.

(b) INJURIES CAUSED BY FOREIGN OBJECT.-- If the injury is or was caused by a foreign object unintentionally left in the individual's body, the limitation in subsection (a) shall not apply.

(c) INJURIES OF MINORS.-- No cause of action asserting a medical professional liability claim may be commenced by or on behalf of a minor after seven years from the date of the alleged tort or breach of contract or after the minor attains the age of 20 years, whichever is later.

(d) DEATH OR SURVIVAL ACTIONS.-- If the claim is brought under 42 Pa.C.S. § 8301 (relating to death action) or 8302 (relating to survival action), the action must be commenced within two years after the death in the absence of affirmative misrepresentation or fraudulent concealment of the cause of death.

If you suspect that you are the victim of medical malpractice, you may call us at 412-471-4300 or toll free at 800-350-6161, or email us.  At Berger & Lagnese, we specialize in medical malpractice, and work on cases in Pittsburgh, Greensburg, Uniontown, Beaver, Erie, Washington, and all courts in Western Pennsylvania.  Our lawyers and doctor will find out what happened during your medical care.  There is no cost to you.