Some surgical errors are immediately obvious. If a surgeon performed the procedure on the wrong side of the body or the wrong body part, the patient is likely to identify that error as soon as they wake up from anesthesia. Other errors may not be quite so obvious.
If the patient has retained foreign bodies, the inflammation or infection that develops may be the first warning sign of the surgical error. Other times, errors may come to light weeks or even years after a procedure occurred. People who received inappropriate care during or after a surgery may wonder whether they have already lost the opportunity to take legal action against the surgeon who made a mistake or the facility that employs them.
How long is the window of opportunity to file a medical malpractice lawsuit in Pennsylvania?
Patients usually have up to two years
Personal injury lawsuits, including medical malpractice lawsuits, are subject to a statute of limitations. This state law specifically limits how long people have to initiate a lawsuit. In Pennsylvania, the statute of limitations generally expires two years after the date when a person sustained an injury.
However, discovery rules may play a role in a surgical malpractice claim involving latent injuries. People may not learn about the injuries they can stand until years have passed. In that scenario, the date when they discovered the medical error is the date that applies for the purposes of the statute of limitations. The state may also toll the statute of limitations until a patient’s 18th birthday in scenarios where the person who experienced medical malpractice was a minor at the time of the surgery.
Those who recently discovered a hidden surgical error must take certain steps to pursue justice. They need to document the issue itself and secure copies of all relevant medical records. They also need to talk with a Pennsylvania medical malpractice attorney, who can help them validate if they actually experienced actionable malpractice.
A medical malpractice lawsuit can help injured patients recover the cost of treatment, including revision procedures after a surgical error, as well as their lost wages. Reporting the discovered surgical error as soon as possible and sitting down to assess the situation with a legal professional can help those affected by surgical malpractice understand their options.