How Long Do I Have to File a Medical Malpractice Lawsuit in Pennsylvania?

When healthcare treatment results in injury, it can be devastating. Being unable to sue the responsible party makes it all the worse. But that is what could happen if you wait too long to pursue a medical malpractice case in Pennsylvania.

Medical malpractice laws are governed by individual states rather than the federal government. In Pennsylvania, you have two years to file a claim for medical malpractice. The time frame is measured from the date you discovered the injury or death, the cause of it, and the relationship between the cause and the result.

You may not know right away if there is medical malpractice. In some cases, it could be years before you realize. That’s why in some cases the time frame starts two years after discovery. Meaning – if the error occurred in 2021 but you don’t discover it until 2024, you may be able file as late as 2026. Additionally, if you were an infant or child when the medical malpractice occurred, you may have an even longer time frame. However, the Pennsylvania Statute of Limitations caps lawsuits at seven years after discovery.

It can be confusing, and there are several factors that can influence the timing of your lawsuit and the statute of limitations. It is best to talk to a law firm experienced in medical malpractice cases. We encourage you to reach out to us, as our firm is recognized as a leader in litigating injury cases throughout Pennsylvania.