Pennsylvania Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense

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FAQ

Many articles discuss what negligence is and how to prove it, but the least understood element among these four is causation. Additionally, out of these four elements, causation is typically the most difficult to prove, especially in medical malpractice cases.

In Pennsylvania, there is a two-year statute of limitations on personal injury lawsuits and wrongful death claims. If you fail to bring a lawsuit within the two-year limit, your case likely will be dismissed and you won't have another opportunity to recover damages for accidents and injuries.

The Pennsylvania Medical Malpractice Statutes of Limitations The law states that all Pennsylvania medical malpractice claims must be filed within two years from the date when the victim discovered the error. Thus, the time limit does not start running when the alleged malpractice occurs.

The limitations deadline for filing a lawsuit for medical malpractice in Pennsylvania is two years from when the malpractice was first discovered or should have been discovered. This law can be found in Title 42 (Judicial Procedure), Chapter 55 (Limitations of Time) of the Pennsylvania Consolidated Statutes.

The plaintiff's cause of action accrued more than two years prior to them filing the action therefore their action is time-barred. 1.) Pennsylvania's statute of limitations for a legal malpractice claim is two years.

To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

Unlike some other states, Pennsylvania does not cap the total amount of compensatory damages that plaintiffs can recover in medical malpractice lawsuits. You are allowed to recover full compensation for the economic and non-economic losses you have suffered because of a medical provider's malpractice.

The discovery rule acts to stop the statute of limitations from running until the plaintiff knows of the existence of an injury or its cause. Essentially, time does not run until you discover your injury (or should have reasonably known about the injury).

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Pennsylvania Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense