Statutes of Limitation

Pennsylvania Medical Malpractice Law

Most people know the term "Statutes of Limitation" from television courtroom dramas. But what does it really mean?

It is not uncommon to read of legal cases being settled years after the event, especially medical malpractice suits. Perhaps that’s why many people believe these lawsuits can be filed at any time. Unfortunately, that is simply not the case. Though there are exceptions and these laws vary from state to state, in Pennsylvania, medical malpractice suits generally must be filed within two years of the incident. In addition, medical malpractice claims also must be filed within the seven year Statute of Repose set forth in the Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act (a link to the full text of the MCARE act is provided here; the MCARE act, like any complex legislation, should not be interpreted without the assistance of an attorney). (See Minor Tolling Statute.) This is because access to the justice is provided only to those who act promptly. In other words, wrongs and rights should be judged when evidence is fresh and at hand. If you or someone you know suffered serious injury due to negligence, improper medical care or a product defect, it’s important to seek counsel promptly – even if you think you’ve waited too long.

Next Topic: Statutes of Limitation: Minors Tolling Statute.