3 Statute of Limitations Secrets

When a patient suffers because of a doctor’s mistakes, he or she may want to pursue legal action for compensation. However, medical malpractice law is complicated, and there are many restrictions that must be considered, including a statute of limitations for claims. This statute prohibits an injured patient from filing a claim after a certain amount of time has passed.

If you have sustained an injury because of a physician’s errors, we can help you with your legal questions and concerns. For more information regarding your options as an injured patient, contact a Philadelphia medical malpractice attorney of Lowenthal & Abrams, P.C., today by calling 215-238-1130.

#1: The Statute of Limitations Only Applies to Adults

In Pennsylvania, the statute of limitations places a two-year time limit on legal action for adults. However, this two-year period does not apply to children until they reach 18 years of age. Once they are considered legal adults, the two-year limit begins for any medical malpractice cases.

#2: You Will Not Be Penalized for Not Knowing

The state of Pennsylvania, like many states, has a discovery rule for their statute of limitations. A discovery rule adds time to the original two-year time limit, specifically helping patients who did not recognize their injury until more than two years after the malpractice occurred. The discovery rule generally allows for patients to wait seven years to file a claim if the injury was not apparent within the original two-year limit.

#3: Incarceration or Insanity Does Not Extend the Limit

A person who is imprisoned or suffers from a mental disability will not be excused from the statute of limitations. Once they recognize that they have been injured by a physician, they have only two years to file a claim or will lose the legal option to do so.

Contact Us

If a doctor has carelessly injured you, you do not have to suffer alone. You may be entitled to pursue financial compensation for your injuries. For more information, contact an experienced Philadelphia medical malpractice attorney of Lowenthal & Abrams, P.C., at 215-238-1130 today.