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THE HOMYAK LAW FIRM, P.C.

Protecting Accident Victims Throughout Western Pennsylvania.

Navigating the statute of limitations for medical malpractice

On Behalf of | Dec 16, 2024 | Malpractice

Quick action is necessary if you believe a medical professional’s negligence led to your harm. Pennsylvania’s laws set strict time limits for filing a claim. These time limits, known as the statute of limitations, determine how long you have to take legal action. Understanding these guidelines can help you protect your rights and seek justice.

Current rules on the statute of limitations

In Pennsylvania, the statute of limitations for medical malpractice claims is generally two years from the date of the incident. However, there are exceptions to this rule. For instance, if the harm is not immediately noticeable, the “discovery rule” may apply. This rule allows you to file a claim within two years of discovering the injury.

If the injury involves a minor, the law provides extra time. The statute of limitations does not begin until the child turns 18. Even with these exceptions, delays can make it harder to prove your claim. Evidence and memories fade over time, so acting quickly can only help your case.

Tips for meeting deadlines and gathering evidence

One of the top ways to safeguard your case is to start gathering evidence as soon as possible. Helpful items include medical records, test results, and other documents that show the treatment you received. Keep a journal to document your symptoms and how the injury has affected your daily life. Take photos or videos if the injury is visible.

If there were witnesses, tactfully ask them to provide statements. Their accounts may support your case. Also, keep track of important dates, including the date of the injury and any related medical visits. Mark the deadline for filing your claim on your calendar to avoid missing it.

Organizing your evidence early can make the process smoother and reduce stress. Even if you think you have plenty of time, starting sooner is better. Missing the statute of limitations deadline can mean losing your chance to hold responsible parties accountable.

Knowing the time limits for a legal case and preparing early can help you protect your rights. Taking these steps ensures you can make your voice heard and seek compensation after medical negligence.