The statute of limitations for suing a hospital is usually two years from the date of the injury or the date you discovered it. However, timing in these cases isn’t always simple. At Marzella & Associates, we have worked with some clients who don’t learn what truly happened until months or even years after the hospital’s mistake. This filing deadline means the difference between securing compensation for your losses and having a case that cannot be filed.
If you believe you have a valid medical malpractice claim against a hospital, discuss your case with our medical malpractice attorneys in Harrisburg, PA, to determine how the statute of limitations applies to your case.
How The Statute of Limitations May Impact Your Medical Malpractice Claim
The standard time limit to bring a medical malpractice or hospital negligence claim in Pennsylvania is two years. This means the clock may start ticking on the date you were injured, not when you file a lawsuit.
However, because many medical errors are invisible, such as a missed diagnosis, a retained surgical sponge, or a medication overdose that only shows symptoms later, Pennsylvania follows what’s known as the discovery rule. This rule allows the statute of limitations to begin when you should’ve known or noticed that your injury resulted from medical negligence.
Let’s say you discover months later that a surgeon left a sponge inside your body. In this instance, you may still have two years from the date of discovery, not the date of surgery. These timelines are narrow, and the hospital, their insurer, and lawyers will be quick to argue that you should’ve known earlier.
Notable Exceptions to the Two-Year Statute of Limitations
PA law recognizes a few exceptions to the standard two-year rule:
- Minors – For children, the clock doesn’t start until their 18th birthday.
- Fraud or Concealment – If a hospital deliberately hides evidence of negligence, the statute may be paused until the deception is discovered.
- Wrongful Death Claims – Families have two years from the date of death to bring a claim against the hospital or medical provider responsible.
Each exception has nuances. The safest approach is to consult a hospital error lawyer as soon as you suspect something went wrong.
Why Timing and Legal Representation Are Immensely Important
Timing determines whether a valid claim ever reaches a courtroom. When a deadline passes, even by a day, the court must dismiss the case, no matter how devastating the negligence or how strong the evidence. Many families learn too late that the hospital’s assurances of unavoidable complications were preventable errors, only to find their right to sue had expired.
Moving fast also protects the evidence that builds a case. Hospitals maintain electronic health records that can be altered or archived. Staff turnover is constant, and witnesses forget details that once seemed unforgettable. Surveillance footage, medication logs, and digital audit trails can all disappear with time. When you have a hospital error attorney working on your case, they can send preservation notices to lock those records in place before they vanish.
Even when you’re unsure whether malpractice occurred, taking that first step toward legal guidance keeps the window open. Early action isn’t just about being certain. Likewise, it’s about preserving the chance to find out what really happened. Once that window closes, you may have no way back.
Talk to Our Dedicated Malpractice Lawyers
Call 717-876-8681 or contact Marzella & Associates online to schedule your free case evaluation with our Harrisburg hospital error attorneys today.