Statutes of Limitation: The Discovery Rule

Pennsylvania Medical Malpractice Law

The Statute of Limitations on medical malpractice suits is commonly two years. In most cases, a claim must be filed within that time frame. There are exceptions, one of which is the Discovery Rule.

For example, a doctor fails to remove a surgical sponge following an operation. This causes the patient some discomfort. In many instances pain or discomfort right after surgery is enough to trigger the beginning of the two-year limitations period, even though serious injury may not be apparent initially. In other cases the limitations period begins much later, when the sponge is discovered, as by an x-ray or exploratory surgery.

Since it is not always clear what triggers the beginning of the limitations period, or whether the Discovery Rule or other exception can be used, it is important to consult legal counsel when there is any suspicion about the quality of the medical care you receive.

Next Topic: Statutes of Limitations: The Statute of Repose.