Q: in the state of pa, exactly whats the statue of limitations for malpractice. how long and when can I file charges?,
is it from the date of the malpractice, the date it started, the time when I realized it, or from the time the physical problems started as a result of medical neglect?
A:
2 years from the date of the alleged malpractice. There is a discover rule though which may extend this to the time of discovery. Examples may be having surgery and the doctor leaves a sponge or medical instrument inside you - in such case you would have no reason to know until some other event occurred.
You do not file "charges." Medical malpractice is not a crime. Its negligence. Pennsylvania enacted provisions relating to medical malpractice and you can no longer just sue someone. There is a process that you have to go through. You need to have your case evaluated by a medical practice/personal injury attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.