A medical malpractice statute of limitations is simply the amount of time you have to file a lawsuit if you have been harmed by a medical professional. It is extremely important to file your lawsuit before the statute of limitations expires, otherwise your suit could be thrown out of court. In Pennsylvania, the statute of limitations is two years from the date the alleged malpractice occurred.
The Importance of Complying With the Medical Malpractice Statute of Limitations
Timing will be of the essence if you are considering taking legal action in the form of a medical malpractice lawsuit. Your attorney first has to file your initial complaint in civil court and then sign and file a document known as an “affidavit of merit.” This is a document declaring that your lawyer met with a medical expert who states he or she believes malpractice occurred.
In Pennsylvania, there is a “clock” of sorts that governs the medical malpractice statute of limitations. This two-year clock does not start to tick until you either know or should have known (in the eyes of the law) you have been injured due to malpractice. Pennsylvania law also states that you cannot file a medical malpractice lawsuit more than seven years from the date the alleged malpractice occurred. This is the case whether you knew or should have known you were injured.
To be on the safe side and ensure your lawsuit is filed in the timeliest manner possible, it will be critically important to talk to an attorney if you have any reason whatsoever to believe you have been harmed due to medical malpractice. If you fail to do so and the medical malpractice statute of limitations runs out, the defendant will likely move to have your lawsuit dismissed — and the court will likely grant that request.
Please do not risk that happening to you. Get in touch with KBG Injury Law as soon as you can by calling 717-848-3838 or contacting us online.