Is It Too Late?
[Warning: Obviously, this site should only be used as a guide. Every case is different and no summary of law on any one issue can cover each particular circumstance or detail every nuance of the applicable case law. Use this as a basic guide, but please, call us with your specific questions.]
What Is a “Statute of Limitations”?
A statute of limitations is a state law that establishes a time limit on how long an injured person has to file suit for damages against the responsible party. After the statutory period has expired, the injured person cannot file suit for their injury. There are exceptions that may extend the period or may delay when the statutory period begins to run, but as a general rule, once the statute of limitations period has expired there can be no legal remedy.
Medical Malpractice Cases:
A civil suit for the negligence or carelessness of a physician or other medical professional must be filed within two (2) years of the date of the preventable mistake which caused the injury.
Sometimes the patient does not know that a mistake happened, such as when a disease should have been diagnosed but was not, when a surgeon leaves a foreign object behind after surgery or a medication error causes a delayed reaction. When the patient could not possibly have known about the preventable error, the two (2) year statute of limitations does not begin to run until the mistake is discovered. However, there are now statutory limits on how long the discovery rule may allow a claim to lie dormant. We urge you to consult an attorney on the specifics of your case.
Sometimes the patient may know that a mistake was made but does not know there was an injury or initially thinks that the injury was slight, waiting until their injury fully develops to realize its severity. If the patient could not possibly have known they were injured, the two (2) year statute of limitations does not begin to run until both the injury and the preventable mistake are known. However, if the patient knew of the mistake and knew of any injury at all, the discovery rule does not extend the statute of limitations.
Waiting to consult a medical malpractice lawyer in these cases is usually a mistake. If there was any hint of a preventable mistake and an injury which could possibly be related, consult a medical malpractice attorney immediately.
Does The Two Year Rule Apply To Child Or Birth Injuries?
Generally, no. A parent may file suit on behalf of their child until the child’s 18th birthday or the child may file suit until his or her 20th birthday. This extended filing period only applies to damages or injuries suffered by the child and does not extend to any damages suffered by the parent due to the child’s injuries. For example, a birth injury law suit filed at age five or six could seek compensation for a child’s pain and suffering and lifetime lost wages, but the two (2) years statute of limitations on the parents’ claims for medical bills would have expired.
Harry S. Cohen & Associates’ extensive experience with birth and child injury cases allows us to evaluate complex issues such as whether suit should be intentionally delayed to allow the child’s injury to mature. While a premature suit over a birth injury may preserve the parent’s claims, it may compromise the child’s larger claim because many mental and physical limitations do not manifest themselves until a child is in pre-school or kindergarten. Let us help you with these tough decisions.
Does Death Affect The Statute Of Limitations?
Yes. As an almost universal rule, Pennsylvania law does not permit a medical negligence suit to be filed more than two (2)years after the death of the injured patient. This rule generally trumps all exceptions including the discovery rule and a child’s right to a delayed suit. Except when the physician or hospital intentionally or fraudulently conceals the error or injury, the patient’s death starts a two (2) year statute of limitations and ends a child’s exception to the statute of limitations.
Does Mental Illness Affect The Statute Of Limitations?
No. A patient’s illness, whether medical or mental, does not stop the clock on a law suit.
When Should I Consult And When Should I File Suit?
Ask the professionals at Harry S. Cohen & Associates. In some cases we may recommend waiting a few months so that your treatment may proceed without interference with legal concerns and sometimes we may recommend acting rapidly due to legal or medical issues beyond the patient’s knowledge. Act now and call us to help you through these tough questions.
Delaying your call to us is rarely a good thing. Most lawyers will not seriously review cases with less than six (6) months remaining on the statute of limitations because it can take that long to obtain records, investigate the facts and medicine and hire experts to review the case.
So, gather your facts, including treatment dates and names of medical providers, if you have them and email or call us today at 1-888-medmal1.