How long after a malpractice incident can the victim sue?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long after a malpractice incident can the victim sue?
My husband got hurt as a passenger in a car accident 4 years ago. The first hospital ER he went to sent him home with broken bones telling him that only his arm was broken. However, a few days later he couldn’t deal with the pain anymore or move so he went to another hospital ER. They found his wrist was broken on his other arm, as well as his hip was broken along with multiple other injuries they missed. Can we go after the first hospital for sending him home like that considering his still in pain everyday from his hip, some days worse than others or is it too late?
Asked on June 23, 2014 under Malpractice Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
PA has a two year statute of limitations in a medical malpractice case which means that a lawsuit must be filed prior to the two year anniversary of the medical malpractice. Since four years have elapsed, your husband has missed the statute of limitations and his claim against the hospital is barred.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.