Brain injuries can have life-altering consequences for victims and their families. Many such brain injuries are connected to medical negligence and provide injured patients with the right to pursue a Philadelphia medical malpractice lawsuit against the responsible healthcare provider.
However, Pennsylvania law places strict deadlines on when a brain injury claim can be filed. Missing these deadlines may prevent you from pursuing compensation through the court system.
Pennsylvania’s Statute of Limitations for Medical Malpractice Cases
In Pennsylvania, the statute of limitations for most personal injury and medical malpractice claims is two years. This means that you typically must file your lawsuit within two years of the date the injury occurred.
For brain injuries caused by medical negligence, the two-year deadline generally begins on the date the malpractice occurred.
Wrongful death claims in Philadelphia involving brain injuries also follow a two-year statute of limitations. However, the surviving family members generally have two years from the date of death to file a wrongful death lawsuit.
If you fail to file your claim within the statute of limitations window, the court may dismiss your case and bar you from recovering damages.
Exceptions to the Two-Year Deadline
Pennsylvania law recognizes a few limited exceptions to the two-year statute of limitations period. .
In some situations, a patient may not immediately realize that a brain injury was caused by medical negligence. In these instances, the statute of limitations begins when the patient knew (or reasonably should have known) that the injury was caused by malpractice. This is called the discovery rule.
Another exception applies to minors. When a brain injury occurs to a child, Pennsylvania law may extend the statute of limitations until the child reaches the age of 18. In many cases, the injured minor may have until their 20th birthday to file a medical malpractice claim. However, most parents pursue a claim on behalf of their child much sooner.
Despite these exceptions, Pennsylvania’s statute of repose creates a hard deadline that applies regardless of when the injury is discovered. In medical malpractice cases, claims must be filed within seven years of the alleged malpractice, even if the injury was discovered later.
Why You Shouldn’t Wait to Start Your Brain Injury Claim
Although the statute of limitations may allow up to two years to file a brain injury claim in Philadelphia, you shouldn’t wait to begin your case.
Medical malpractice claims often require extensive investigation, including:
- Reviewing medical records
- Consulting with medical experts
- Analyzing diagnostic tests and treatment decisions
- Gathering testimony from witnesses and healthcare professionals
These claims also require compliance with numerous pre-suit procedural requirements that add time before you can file.
Starting the process early gives your legal team time to evaluate the case and file within the time limits.
If you or a loved one suffered a brain injury due to possible medical negligence, a Philadelphia medical malpractice attorney can help you understand your legal options and filing deadlines. Contact Morris Wilson Knepp Jacquette, P.C. to discuss your situation during a free consultation.