Can You Sue for Medical Malpractice Years After Treatment?
The statute of limitations requires any civil court case, including a medical malpractice lawsuit, to be filed within a predetermined amount of time set by the state in which the case will take place. Some states vary slightly in the time limit set by their specific statute of limitations. The time allowed to file a civil claim is also dependent on the type of case. It is common for states to allow you to file a medical malpractice suit up to two to three years after the incident has occurred, though there are some rules that may complicate this.
Discovery Rule in Pennsylvania Medical Malpractice Cases
The discovery rule essentially states that beginning of the time allotted to file a medical malpractice lawsuit does not start until the patient finds or “discovers” the injury. Some states have implemented a discovery rule time period, during which the patient is given a certain amount of time to find that they have an injury and then proceed to file a civil suit.
Continuous Treatment Rule in Pennsylvania
Another rule that some states have implemented is called the “continuous treatment rule.” The rule allows for the statute of limitations time limit to begin the moment that the healthcare provider of the patient has stopped paying for the patient’s treatment of their condition in question. What this means in practical terms is that even if someone is the victim of medical malpractice a number of years ago, the statute of limitations clock begins only when they are no longer being treated by that same doctor for that specific condition. This means that the patient has a predetermined amount of time after the end of treatment to file suit.
Infancy Toll in PA Medical Malpractice Claims
In some states, an “infancy toll” has been adopted to protect victims of medical malpractice that occurred during infancy or to a minor under the age of 18. This allows children to have time to mature and understand that they were victims of medical malpractice before deciding whether to file a medical malpractice lawsuit.
Contact a Philadelphia Medical Malpractice Attorney to Discuss Your Legal Options
The deadline of the statute of limitations is incredibly important when filing a medical malpractice suit in civil court. If you attempt to sue the insurance provider after the deadline has passed, it could result in the court dismissing your case after a motion from the defense for a dismissal, unless there are extenuating circumstances that will allow you to file your suit after the time limit. This is why it is important to get in touch with a experienced Philadelphia medical malpractice attorney who understands the law and who can get you fair compensation for your injuries. Contact the Marrone Law Firm, LLC today so that we may start working on your case and get you the results you deserve. You can fill out the online contact form or call (866) 732-6700 to schedule a consultation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.