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Mar 052013
 

A: The statute of limitations to bring a negligence lawsuit against a doctor for a botched surgery may vary from state to state.  In Pennsylvania, patients who believe that their doctor or surgeon committed negligence, generally, must bring suit within two years from the date of the negligent act.

There is one major exception. Pennsylvania law recognizes that a patient who has been the victim of negligent surgery might not be able to reasonably discover the negligence. In other words, if the patient was unable to learn of the negligence, the statute of limitations may be tolled. Therefore, the clock may be reset so to speak and the patient would then have two years from the date they discovered the negligence. Learn more about the statute of limitations in a Pennsylvania medical malpractice case.

It is crucial to have any statute of limitations questions reviewed by a lawyer, especially in a medical malpractice case. Each case varies and statute of limitations questions are fact intensive and depend on the sequence and timeline of events.

Related Medical Malpractice Legal Articles:

Pennsylvania & New Jersey Medical Malpractice Lawyers

If you or a loved one would like to discuss negligence in a surgical procedure, contact our medical malpractice lawyers for a free, initial consultation. 800.220.7600

Our medical malpractice attorneys serve victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.