Berwick, PA asked in Medical Malpractice for Pennsylvania

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?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Cary, NC
  • Licensed in Pennsylvania

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.

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