What is the Statute of Limitations
How Does it Impact Your Right to Sue for Pennsylvania Medical Malpractice?
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Statute of limitations is a legal time period by which you have to file a lawsuit. In medical malpractice it’s a little different than in other cases. Like in a car accident you know the day that the accident occurred. The law in Pennsylvania and New Jersey and other states in which we practice says you have two years from the date that the accident occurred.
In malpractice you don’t always know when the event occurs that you are gonna sue over. For example, if a doctor doesn’t properly diagnose you and allows a disease to continue on undiagnosed, you will have two years from the date that you found out that the doctor committed malpractice. Not necessarily when he should have done something, but when you the patient either are told or through facts you should become aware of the fact that you knew or should have known, you have two years to file suit from that date.
So one of the important differences in medical malpractice law is there is like a floating statute of limitations, a time period to file suit, for your client.