How Much Time Do I Have To File A Medical Malpractice Case Lawsuit
What Does Statute Of Limitations Mean
You may be asking yourself the following question: How much time do I have to file a lawsuit for my injuries or for the death of a loved one? The rules that answer this question are called “Statutes of Limitations”.
These rules provide that if you don’t file a lawsuit within the time allotted, you can NEVER file a lawsuit to be compensated for your injuries or the death of a loved one.
Each state has its own Statutes of Limitations. In addition, you may have a claim pursuant to a law of the United States which may contain its own unique statute of limitations. Click here for a description of the statutes of limitations for injury and death claims in Pennsylvania.
To talk with us about your case, you may call us at 412-471-4300 , or email us. At Berger & Lagnese, we specialize in medical malpractice, and work on cases in Pittsburgh, Greensburg, Uniontown, Beaver, Erie, Washington, and all of Western Pennsylvania. Our lawyers and doctor will find out what happened during your medical care. There is no cost to you.
What Is Medical Malpractice Or Medical Negligence
How Much Time Do I Have To File A Lawsuit For Physical Injuries
A lawsuit to recover damages for physical injuries caused by the wrongful act or negligence of another must be filed within two years. In general, the two year period begins to run on the date the injury was sustained.
There is an exception to the general rule, and it is called the discovery rule, which applies where the existence of an injury is not known to the injured person. In such cases, the two year period begins to run once the injured person has knowledge or through the exercise of reasonable diligence should have knowledge of his/her injury and the cause of his/her injury. However, the injured person does not need to know that his/her injury was caused by wrongful conduct
If you would like to know the statute of limitations for your specific case, please call us directly at 412-471-4300 or click here.
Are There Special Rules That Apply Only To Medical Malpractice Cases
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 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.