Pennsylvania Medical Malpractice Statute of Limitations

A doctor can be charged with malpractice if he/she does not diagnose an injury or illness properly.  If the acceptable standard of treatment is not given, or withheld for an unreasonable amount of time, the patient may sue-if it results in further injury or death.  The legal definition of medical malpractice is the same in every state.  Nevertheless, how the claims are treated may differ significantly. For example, Pennsylvania has no cap on medical malpractices suits.

Time Limits for Filing a Claim in Pennsylvania

All states have a statute of limitations on filing malpractice lawsuits.  In most cases, the state of Pennsylvania requires plaintiffs to file within two years of the act or failure to minister proper care that resulted in injury or death.  If the individual is a minor, he/she has two years from the eighteenth birthday to sue.  However, if it is an emancipated minor, he/she still only has two years to bring the case to the attention of the court.

Negligence Laws

In many states, negligence is equally attributed to all of the defendants in the case.  However, Pennsylvania has abolished this law. A health care worker can only be held responsible for the judgment equal to his/her percentage of responsibility for the injury or death.  However, if the case involves deliberate misrepresentation, hazardous substances, liquor code violations, of the individual carries more than 60% of the blame, then the restrictions do not apply.  For more information about Pennsylvania’s negligence laws, see below:

Award Limits in Pennsylvania

The state of Pennsylvania has no award limits in malpractice cases.  Therefore, it is up to the jury, in each individual case, to determine the amount to be awarded for current and future medical expenses, and punitive damages.

Legal Help

If you have a case of malpractice to present to the court, you should seek professional legal counsel.  The law can be difficult and confusing. The defense will encourage you to settle out of court, probably for an amount that is far less than you will need for further care or the loss of ability to earn an income.  A malpractice attorney can help make sure you receive the compensation that you need.