The Discovery Rule

The Pennsylvania Statute of Limitations on most medical malpractice or negligence claims is 2 years. In some cases of medical malpractice, the Discovery Rule may extend the amount of time in which you have to file a claim. If a person is unable despite reasonable diligence to learn that they are injured or that their injury may have been caused by the negligence of a health care provider, the Discovery Rule may apply.

For Example: A patient undergoes surgery and experiences discomfort after the surgery. The patient assumes that their discomfort is part of the normal healing process. Years later they find out that a sponge or some other piece of surgical material was left inside of their body during the procedure, and this piece of material has caused traumatic damage to an organ. Depending on the amount of time that has passed, The Discovery Rule may allow for the recovery of damages, even if the two-year statute of limitations has already expired.

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