How Long Do I Have to Sue a Hospital?

Millions of people entrust their health and safety to medical professionals daily, believing they are in good hands. This trust is a testament to the high standard of care that hospitals are expected to uphold. However, there are instances when this trust is broken, and healthcare providers fail to meet this standard, leading to medical errors that harm patients. This is what we refer to as medical malpractice.

Medical malpractice occurs when a healthcare provider’s action or inaction deviates from the accepted standard of care, directly harming a patient. Examples of medical malpractice include misdiagnosis, birth injuries, and wrongful death. These errors can have severe consequences, damaging the trust in doctor-patient relationships and causing significant harm.

If you have been a victim of medical malpractice, understand that you cannot take legal action at any time. Specific time limits, known as statutes of limitations, determine how long you have to file a lawsuit against a hospital. These time limits vary by state and the specifics of the case, but they generally range from one to three years from the date of the injury or from when the injury was discovered.

The experienced attorneys at Munley Law understand the consequences of substandard care. For over 60 years, our law firm has handled personal injury cases, including medical malpractice, negotiated with insurance companies, and recovered losses for medical bills. If you or someone you know has suffered damages, one of our medical malpractice lawyers can help you understand your legal options. However, it is important to act quickly due to the time constraints on filing a lawsuit for medical malpractice.

What Is the Medical Malpractice Statute of Limitations?

The statute of limitations for medical malpractice dictates the timeframe within which you must take legal action. If you fail to file a claim within this period, you lose the ability to pursue compensation for your injuries. This timeframe varies depending on the type of claim and state laws, typically ranging from two to three years from the date of the injury or when the injury was discovered.

As outlined in 42 Pa.C.S. § 5524, Pennsylvania follows a two-year statute of limitations. That two years is the limited period in which a medical malpractice claim may be filed.

When Does the Medical Malpractice Statute of Limitations Start Running?

The statute of limitations begins immediately after a medical provider breaches their duty of care, causing a patient’s injury. These cases typically involve patients who quickly realize their injuries and the improper treatment they received, prompting them to file a compensation claim. For instance, if a patient is wrongfully injured due to surgical errors, the statute of limitations clock starts ticking from the time of the surgery.

The legal process is often not this simple. Some exceptions to the statute of limitations may grant an injured party additional time to file a claim. This could include cases such as malpractice happening to a minor or the harm not being immediately noticed by the victim, which will be discussed further below.

What Is the Statute of Limitations for a Birth Injury?

Cases involving a birth injury are one exception to the statute of limitations. Some minor injuries during birth are unavoidable, given the circumstances and surgical procedures and surgical tools that are used. However, if the injuries are severe enough to cause long-term damage or disability to the baby, legal action is appropriate. This is especially true if they significantly impact the baby’s quality of life.

Because victims of birth injuries are minors at the time of the injury, the time frame in which they sue the hospital for negligence is wider than other malpractice claims. Under Pennsylvania medical malpractice law, the clock does not start ticking for the victim of a birth injury until they reach the age of majority. That means they can file a claim up to two years after their 18th birthday.

Just because a minor can wait to sue for a birth injury does not mean that they need to. A parent can sue a hospital for negligence on their child’s behalf any time between the injury and their 18th birthday, and often should. It is usually better to file a claim sooner rather than later in medical malpractice cases.

Why Is it Important to File a Medical Malpractice Lawsuit ASAP?

The statute of limitations is not a suggestion for when a lawsuit should be filed but a strict deadline. Filing early in the statute of limitations period offers several advantages for maximizing compensation.

First, the sooner you file a claim after an injury, the more valuable evidence will be available to support your case. Early filing ensures easier access to witnesses and more accurate recollections of the event.

Additionally, the legal and medical analyses required for a successful medical malpractice case take considerable time to prepare. Acting quickly gives your medical malpractice attorney time to build a strong case, increasing the likelihood of a favorable outcome.

Exceptions to the Statute of Limitations for Medical Malpractice

The following are some exceptions to the medical malpractice statute of limitations:

• Minors – Statutes of limitations for minors may not begin to take effect until they have reached the age of majority. This is not limited to those who suffered a birth injury. In Pennsylvania, any person injured under the age of 18 can wait until up to two years after their 18th birthday to file a claim.
• Fraudulent Concealment—If it is found that a healthcare provider intentionally concealed their own malpractice, the statute of limitations for that instance may be extended.
• Mental Incapacity – If a victim of malpractice is mentally incapacitated at the time of injury or suffering from severe mental illness, the statute of limitations may be extended until they can regain capacity. This is also true if the incapacity made them unable to recognize their injury or go through the legal process.
• Continuous Treatment Doctrine – If a patient is still undergoing treatment for the same condition they suffered during the malpractice, the statute of limitations may begin at the end of that treatment.

The “Discovery Rule” in Medical Malpractice Cases

The discovery rule is another common exception that may extend the time for a claim to be filed. Usually, the statute of limitations applies after the malpractice occurs. However, some victims do not become aware that they were subjected to malpractice until some time has passed. It would be unfair to penalize them when they were unaware that they could sue, so the discovery rule exists.

The discovery rule allows the statute of limitations clock to take effect only after a victim has become aware of their injury, or at least when they should have reasonably recognized it.

One caveat to the discovery rule is that many states have a statute of repose for medical malpractice cases. This is the absolute deadline for when a claim must be filed, regardless of when the injury was discovered. In Pennsylvania, the statute of repose for medical malpractice is seven years.

What Types of Compensation Can I Receive from a Negligent Hospital?

Compensation for medical malpractice can be economic or non-economic.

Examples of economic compensation may include:

• Medical expenses related to the injury and leading up to the injury
• Wages and income lost as a result of the injury and the ability to gain income in the future
• Other out-of-pocket expenses

Examples of non-economic compensation may include:

• Compensation for pain and suffering caused by the injury
• Compensation for emotional distress
• Compensation for loss of consortium between spouses or other loved ones
• Compensation for diminished quality of life

What If My Loved One Died Because of a Hospital’s Malpractice?

If someone dies due to a medical error, the injury victim cannot file a medical malpractice lawsuit. Instead, a personal representative can file a wrongful death lawsuit on behalf of the deceased. Under Pennsylvania law, there is a 2-year statute of limitations for filing an action to recover damages for a death caused by a wrongful act or neglect.

Further compensation for a victim’s family members may be available in wrongful death cases. This may include funeral and burial costs, further wages and benefits that a victim could have received if they had lived, and compensation for losing a deceased’s role in their household, among others.