A: In this scenario, there is a statute of limitations issue which must be reviewed immediately. In general, the statute of limitations in a medical malpractice case is 2 years from the date of the injury or occurrence. However, many patients are unable to uncover the act of negligence and so the statute of limitations may be tolled, depending on the facts and circumstances.
Under Pennsylvania law, the statute of limitations may be tolled when a doctor reassures a patient that a given symptom, diagnosis or treatment is appropriate or fine. It is natural for patients to believe their doctors. The important issue is whether the patient was unable to uncover the negligence and why. It is crucial to speak to a medical malpractice lawyer immediately to discuss the statute of limitations issue.
Related Legal Articles:
- Pennsylvania Medical Malpractice Law – The Discovery Rule & The Statute of Limitations
- Pennsylvania’s Statute of Limitations in Medical Malpractice Cases – Filing a Certificate of Merit
- Pennsylvania Medical Malpractice Law – The Statute of Limitations in Surgical Error Cases
- Pennsylvania’s Statute of Limitations in Misdiagnosis or Failure to Diagnose Cases
For more information, contact our Pennsylvania and New Jersey medical malpractice lawyers. Click To Call.
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.
Published: July 9, 2012