When anyone seeks out medical care, they are at their most vulnerable. All they can do is present their symptoms and hope the medical professional knows how to treat them. That treatment begins with a diagnosis followed by a treatment plan and follow-up.
Unfortunately, negligence can occur at any point in that health journey.
When that negligence leads to further harm, you have an actionable case of medical malpractice, but not an unlimited one.
In Pennsylvania, the statute of limitations for filing a medical malpractice suit is two years from the discovery of the harm. These cases often involve additional at-fault parties such as a hospital, nurse or support staff.
That creates additional challenges that stand in the way of you receiving fair compensation for any losses or pain and suffering you had to endure. This is why you need to speak with a knowledgeable Philadelphia medical malpractice attorney. That attorney will be in the best position to provide you with the guidance you need to make an informed decision about how you should move forward with your claim.
Pennsylvania Medical Malpractice Statute of Limitations Explained
The statute of limitations is a timeline restriction on anyone filing a personal injury claim.
It’s designed to prevent frivolous lawsuits from happening. It also helps expedite the claim process knowing that you have a limited time.
In Pennsylvania, the two-year limitation begins from the date of the alleged malpractice, much in the same way a complaint in a car accident case would begin two years from the date of the accident. However, there are some important caveats to consider when it comes to filing a medical malpractice claim.
The Discovery Rule
If is not uncommon in medical malpractice cases for there to be a delayed discovery of the injury. For instance, the harm from a surgical error might not be discovered for months or even years after the initial procedure. In that case, the statute of limitations clock would start on the day the injury was diagnosed and confirmed as being from the surgical error.
Statue of Repose
Even though the discovery rule allows you to file a lawsuit after you’ve discovered the harm, the statute of repose sets a limit on that discovery of seven years. That means you only have seven years from the date of the negligent act to file.
Foreign Objects Exception
If a doctor left a foreign object inside a patient’s body, the statue of repose can be extended. That allows a lawsuit to be brought within two years of when the object was or should have been discovered. Discovery Magazine recently ran a story on this type of medical negligence and included details about a woman who has had two sponges left inside her for six years after a C-section.
If that case happened in Pennsylvania, she would still be allowed to file.
Minors
If the victim of the medical malpractice was a minor, the statute of limitations won’t begin until they turn 18, giving them until their 20th birthday to file.
If you file your medical malpractice lawsuit outside of the statute of limitations, your case could be dismissed, and you would be barred from collecting any compensation, regardless of how severe your suffering has been.
The Requirement of a Certificate of Merit in Pennsylvania
In order for you to move your medical malpractice lawsuit forward, you need to file a Certificate of Merit (COM). This is a mandatory legal document prepared by a qualified expert who affirms that the defendant deviated from acceptable professional standards.
This certificate has to be filed within 60 days of filing the initial complaint.
According to the provisions stated in the Medical Care Availability and Reduction of Error (MCARE) Act, to be considered as a qualified expert they have met the following criteria:
- Possess an unrestricted physician’s license
- Be actively working or retired for less than 5 years
- Be substantially familiar with accepted standards of care
- Practice in the same (or similar) subspecialty as the defendant
- Be board-certified in the event that the defendant is board-certified
If you fail to file the COM, your case might be dismissed.
Why You Should Contact a Philadelphia Malpractice Attorney Early
Medical malpractice claims are among the most complex types of personal injury cases. In order to prevail, you need extensive evidence and a detailed analysis from qualified experts. There is also the statute of limitations to contend with. When you factor in the need to file the Certificate of Merit within two months of the initial filing date, the two-year deadline will go by fast. That is why you need to involve an experienced Philadelphia medical malpractice lawyer as soon as possible.
The legal team at Shrager, Sachs, & Blanco has helped many clients who have suffered harm from a medical professional’s negligence. We understand how the filing process works and what is needed to prevail. In fact, we won’t take on a claim unless we have sufficient time to file and the evidence is solid.
We can discuss the merits of your claim at a free consultation. In that discussion, you can share what happened and what preliminary evidence you might have. If we decide to work together, we’ll move quickly to line up an expert to create the Certificate of Merit and take your claim to the next level. Throughout the process, we’ll keep the lines of communication open so you can stay fully informed.
If you believe you’ve been harmed due to a medical professional’s negligence, we should discuss what happened. Call to schedule a consultation with our office today.
