Almost every legal action has a time limit on how long the law may hold a person accountable for his or her actions. This includes everything from criminal activities to personal injury situations. When a person considers a medical malpractice lawsuit in Pennsylvania, it is essential that he or she understands the statute of limitations.
The statute of limitations, according to the Allegheny County Bar Association, is how much time a person has to file a case for a legal matter. If the person fails to file the case within this time limit, then he or she cannot ever do so. Essentially, it says if a person does not act right away, then she or he loses out.
Medical malpractice case limits
In Pennsylvania, the statute of limitations is two years for medical malpractice claims. The start of the two years is when the person suffers the injury. If it is a case where a loved one died, then the time starts on the date of the person’s death. The beginning of the time limit is assuming that the injury is apparent to the person.
After two years
In some cases, a person may still file a lawsuit after the time limit runs out if he or she did not discover the injury until the statute of limitations was up. This is due to a rule that says sometimes the time limit does not begin until the discovery of the injury. This may be something that happens in the case of a missed diagnosis.
It is essential for anyone who believes that he or she has a malpractice claim to begin working on the case as soon as possible. While two years may seem like a long time, it can go by quickly. There is really little time to spend considering what to do and whether it is a good idea to bring a claim.