What Is the Statute of Limitations for Medical Malpractice in Pennsylvania?
In Pennsylvania, the statute of limitations for medical malpractice is generally 2 years under 42 Pa.C.S. § 5524.
Medical malpractice Deadlines in Pennsylvania
How long do you have to file a medical malpractice claim in Pennsylvania?
In Pennsylvania, the statute of limitations for medical malpractice is generally 2 years under 42 Pa.C.S. § 5524.
When does the clock start for medical malpractice in Pennsylvania?
Two years, subject to the discovery rule where the injury or its cause was not reasonably knowable.
Can the Pennsylvania deadline for medical malpractice be extended?
The MCARE Act's seven-year statute of repose was struck down as unconstitutional in Yanakos v. UPMC, 218 A.3d 1214 (Pa. 2019) — sources published before that decision still list it. A certificate of merit is required under Pa. R.C.P. 1042.3.
Is the deadline different if the claim is against the government in Pennsylvania?
Often, yes. Written notice within 6 months under 42 Pa.C.S. § 5522. Section 5522 requires written notice of intent to sue a government unit within six months of the date the injury was sustained. The notice must state the name and address of the claimant, the date, hour, and place of the injury, and the name and address of any…
How does Pennsylvania compare to other states for medical malpractice?
Pennsylvania's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Pennsylvania:
