If a healthcare worker injured you or your loved one, you may feel that the medical system betrayed your trust and confidence. You may also be facing extensive medical bills and time away from work.
Fortunately, there might be a legal avenue available to help you get the financial assistance you need, provided you comply with the statute of limitations in Philadelphia medical malpractice cases. Our medical negligence attorneys could help you understand how these statutory time requirements may affect the outcome of your malpractice claim.
You must comply with the statute of limitations when filing a legal claim. Filing after the relevant time period expires will likely cause a court to bar your lawsuit, even if you have strong supporting evidence. If a medical mistake caused you harm, you generally have two years from the date of the medical mistake to file your lawsuit under 42 Pennsylvania Consolidated Statutes § 5524(2).
Our knowledgeable Philadelphia attorneys could begin working on your medical malpractice claim to ensure you comply with the statute of limitations and all other relevant regulations.
Although the state courts strictly enforce the two-year statute of limitations, there are some exceptions.
Some medical malpractice injuries are not immediately apparent. The state’s discovery rule delays the start of the two-year statute of limitations until you discover your injury. For example, if you undergo surgery to repair a broken leg and the surgeon mistakenly leaves a foreign object, such as a sponge, in your leg, you might not realize the error occurred. After surgery, you might assume that ongoing pain is from the operation itself and continue with your daily activities for the next few years. If you continue to experience difficulty walking or develop an infection, you may later visit another doctor to determine the cause. Although the two-year statute of limitations for filing a malpractice claim would normally begin on the date of the surgical error, the limitations period does not begin until you discover or should have discovered the surgical mistake.
The statute of limitations for a minor does not begin until their 18th birthday. Consequently, minors who suffer a medical mistake have until their 20th birthday to bring a legal claim.
If someone dies from medical malpractice, the two-year statute of limitations begins on the day of their death instead of on the day of the medical mistake.
Our experienced Philadelphia legal team could help you understand which statute of limitations applies to your medical negligence claim.
Compliance with the statute of limitations in Philadelphia medical malpractice cases is critical. Missing a deadline may prevent you from filing a lawsuit. In addition to meeting statutory deadlines, speaking with our skilled attorneys soon after suspected malpractice could help you build a stronger claim. We could locate evidence more easily shortly after an incident, and witnesses often recall events more clearly.
Call today to schedule a meeting with our attorneys at Soloff & Zervanos, P.C.
