FB Pennsylvania Statute of Limitations Birth Injuries, Medical Malpractice

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Pennsylvania

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SOL for Medical Malpractice Claims (Minor Plaintiffs): 20 years

SOL for Medical Malpractice Claims (Parental Claims): 2 years

SOL for Wrongful Death Claims: 2 years

Pennsylvania Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

20 years: 40 P.S. § 1303.513: No action may be commenced after seven years from date of tort, or after minor attains age of 20, whichever is later.

Pennsylvania Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: 42 Pa. Cons. Stat. § 5524(2): An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another must be commenced within 2 years. Pennsylvania courts have adopted a discovery rule for injuries to the person. The statute does not begin to run until the injured party discovers or reasonably should discover that he has been injured by another’s conduct. Fine v. Checcio, 870 A.2d 850 (Pa. 2005).

Pennsylvania Medical Malpractice Claim Caps

None.

Pennsylvania Statute of Limitations for Wrongful Death Claims

2 years: 42 Pa. Cons. Stat. § 5524(2): The following actions and proceedings must be commenced within two years:
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

Pennsylvania Wrongful Death Claim Caps

Not applicable for the state of Pennsylvania.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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