The Discovery Rule

Pennsylvania Statutes of Limitation | Personal Injury

The Statute of Limitations for medical malpractice suits is most commonly two years. In other words, malpractice claims must be filed within that time frame. But 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.

In addition to the statute of limitations, some claims may also be barred by a Statute of Repose. For example, the Medical Care Availability and Reduction of Error (MCARE) Act created a seven year Statute of Repose for most claims against health care providers in Pennsylvania (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). But see minors tolling statute in Pennsylvania.

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