The statute of limitations for most hospital injury and medical negligence claims in Pennsylvania is two years from the date of injury. If that deadline passes, courts can dismiss your case permanently, no matter how serious your injury is or how apparent the hospital’s mistake is.
If you’re not sure about your case’s filing deadline, get in touch with Marzella & Associates now. Our hospital error lawyers in Harrisburg can confirm exactly when the legal clock started and how much time you have to act to get compensation and preserve your legal rights.
Understanding the Two-Year Deadline for Hospital Negligence Claims
In general, Pennsylvania’s statute of limitations for medical malpractice, including hospital negligence and injury, is two years. In straightforward cases, the clock begins running on the date the negligent act caused your injury. That sounds simple. In practice, however, hospital cases are rarely straightforward.
Patients are usually sedated, transferred, discharged, or told that complications are typical when they’re not. Families focus on recovery, not legal timelines. Meanwhile, the clock keeps moving.
Why the Filing Deadline Is Often Unclear in Hospital Injury Cases
Hospital negligence typically involves delayed discovery. You may not realize an error occurred until weeks or months later, when symptoms worsen, or another doctor reviews the records. Fortunately, PA recognizes a discovery rule, which can pause the clock until the injury is known or reasonably should’ve been known. However, this crucial rule isn’t automatic. Hospitals and insurers will usually argue that a patient should’ve known earlier.
For instance, there have been cases involving:
- Surgical complications dismissed as routine recovery.
- Infections attributed to bad luck rather than poor protocol.
- Diagnostic delays that are explained away as judgment calls.
Whether the discovery rule applies depends on evidence, timelines, and documentation.
Statute of Limitations Rules for Children and Wrongful Death Claims
When a hospital injury involves a child, the statute of limitations can be extended. In many cases, minors have until their 20th birthday to file specific medical negligence claims. However, parents usually still pursue cases earlier to preserve evidence.
Wrongful death claims tied to hospital negligence follow their own timing rules. They must be filed within two years of the date of death, even if the underlying negligence occurred earlier. These overlapping deadlines create traps for families who assume more time is available than the law allows.
How a Hospital Error Lawyer Evaluates Filing Deadlines
Seasoned Harrisburg hospital error attorneys will accurately map out the statute of limitations for your case. They’ll review medical records to identify the date of injury, the point of discovery, and any facts that affect the tolling period. Likewise, they’ll preserve evidence early and file claims before hospitals can rely on procedural defenses, rather than addressing what happened.
According to the Agency for Healthcare Research and Quality (AHRQ), delayed diagnosis and treatment remain among the most common sources of patient injuries in hospitals. Those cases typically hinge on when the harm became apparent and whether action was taken in time. Your lawyer can ensure deadlines don’t become the reason accountability disappears.
Why Early Legal Review Matters in Hospital Injury Cases
If you’re unsure whether time has run out, don’t assume it has. Sometimes it is. Usually, it isn’t, but only if you act now. Talk to our Harrisburg hospital error lawyers to learn how they can help. For your free case evaluation, contact us online or call 717-876-8681.