How Long Can You File A Medical Malpractice Claim In Pennsylvania?

Accident victims, pregnant women, and many other patients with medical conditions rely on hospitals and doctors to recover from harm or injury. Unfortunately, depending on and trusting some medical professionals can become difficult. 

Medical malpractice can cause serious harm and damage to an individual. Pursuing legal action and holding the medical professional or entity liable can be challenging. In such cases, it would be advisable to consult Cohen, Placitella & Roth, PC, for further legal assistance. Besides legal assistance, you should also know how long you can file a medical malpractice claim in Pennsylvania. 

How long do you have to file a medical malpractice lawsuit in Pennsylvania? 

Medical malpractice laws and regulations are generally governed by individual states instead of the federal government. Similarly, Pennsylvania has different medical malpractice laws and regulations for the state that are meant to be followed when pursuing a legal case. 

The defendant will have two years in Pennsylvania to file a claim for medical malpractice. The time frame for filing a claim will be measured from the date the defendant encountered the injury, death, or the cause of the latter. The relationship between the cause and the result will also be considered when a medical malpractice claim is filed. 

How can I know if there is medical malpractice? 

Unfortunately, you will not likely know immediately if medical malpractice is involved in your case. In some cases, it could be possible that the victim takes years to realize that medical malpractice was involved in their case. Hence, the government starts the time frame for medical malpractice two years after the discovery. 

If there was an error encountered in 2020, but you could not discover it until 2023, you will be able to file a medical malpractice claim as late as 2025. Similarly, one might have more substantial grounds and even a longer time frame to file for medical malpractice if the victim was an infant or child when the medical malpractice occurred. Although, you must know that the Pennsylvania Statute of Limitations caps medical malpractice lawsuits seven years after discovering the harm or injury. 

What immediate steps should be taken after encountering medical malpractice? 

Medical malpractice cases can be confusing and tough to deal with. Several factors can influence the timing of a medical malpractice lawsuit. In such cases, it would be helpful to talk to an experienced law professional from Cohen, Placitella & Roth, PC, and ask them to handle your case. 

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