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 Medical Malpractice Law – The Statute of Limitations in Surgical Error Cases
- Surgical Errors – Foreign Objects, Wrong Body Parts and Wrong Procedures
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