Are There Special Rules That Apply Only to Medical Malpractice Cases?
March 22, 2017 by Berger Lagnese, LLC
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 apply to medical malpractice cases. 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.
Contact Skilled Medical Malpractice Lawyers in Pittsburgh, PA at Berger & Lagnese, LLC for Your Free Consultation
If you suspect that you have been the victim of medical malpractice at Mercy Hospital, Forbes Hospital or any hospital in the Pittsburgh area you may call us at 412-275-4122 or contact us online. At Berger & Lagnese, LLC, we specialize in medical malpractice and work on cases in Pittsburgh, Greensburg, Uniontown, Beaver, Erie, Washington, and all other parts of Western Pennsylvania. Our office is conveniently located at 310 Grant St #720, Pittsburgh, PA 15219, and our lawyers and doctor will find out what happened during your medical care. There is no cost to you.