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Pennsylvania

  • SOL for Medical Malpractice Claims (Minor Plaintiffs): 20 years
  • SOL for Medical Malpractice Claims (Parental Claims): 2 years
  • SOL for Wrongful Death Claims: 2 years

Pennsylvania Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

20 years: 40 P.S. § 1303.513: No action may be commenced after seven years from date of tort, or after minor attains age of 20, whichever is later.

Pennsylvania Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: 42 Pa. Cons. Stat. § 5524(2): An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another must be commenced within 2 years. Pennsylvania courts have adopted a discovery rule for injuries to the person. The statute does not begin to run until the injured party discovers or reasonably should discover that he has been injured by another’s conduct. Fine v. Checcio, 870 A.2d 850 (Pa. 2005).

Pennsylvania Medical Malpractice Claim Caps

None.

Pennsylvania Statute of Limitations for Wrongful Death Claims

2 years: 42 Pa. Cons. Stat. § 5524(2): The following actions and proceedings must be commenced within two years: (2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

Pennsylvania Wrongful Death Claim Caps

Not applicable for the state of Pennsylvania.

The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

Discuss Your Potential Birth Injury Claim With Our Attorneys

If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.