What is the statute of limitation for medical malpractice in PA?

December 3rd, 2019 by Rieders Travis in Medical Malpractice

The statute of limitation for medical malpractice in Pennsylvania is generally two years from the date the cause of action accrues. In some cases, the cause of action accrues when the medical care is rendered, such as a surgical date. However, there are many other circumstances in which the statute of limitations could begin to run later.  Pennsylvania’s 7-year statute of repose was recently held unconstitutional by the Pennsylvania Supreme Court. In certain circumstances, a “tolling” will apply. This may occur, for example, in cases of fraud or where a reasonably diligent patient could not have discovered the relationship between the medical care and the harm suffered within the two (2) years. In those circumstances, the statute of limitations would begin to run when such discovery can or should have taken place. Again, this is a very complex field and is factually intensive.  Minors do not have to begin an action for medical malpractice until two (2) years after reaching the age of majority. According to Pennsylvania law, medical malpractice occurs when a healthcare professional commits medical negligence by violating the generally accepted standard of care. The resulting injury must have been directly caused by the professional’s actions…

How Long Do You Have to Sue for Medical Malpractice in PA?

November 15th, 2019 by Rieders Travis in Medical Malpractice

There is a time limit to sue for medical malpractice in Pennsylvania. It is two years after you knew or reasonably should have known about the medical error that caused injury or death. This time limit is called a statute of limitations. The statute of limitations is set by the Mcare Act in Pennsylvania. There are occasions when the statute of limitations can be “tolled” based upon circumstances such as fraud or the inability of a reasonably diligent patient to know the relationship between the medical care received and the harm. This is a very difficult test, which has been written about by Cliff Rieders in his text, Medical Malpractice. This book is used by most judges and lawyers in the state. Cliff Rieders was also involved in the writing of the Mcare Act, and was President of the Pennsylvania Trial Lawyers Association, now the Pennsylvania Association for Justice, when the law was negotiated and passed. In addition to the statute of limitations, there are other laws that you need to consider if you are wondering whether you can sue. Since medical malpractice law is so complicated and the time to file…

Medical Malpractice

July 23rd, 2019 by Rieders Travis in Medical Malpractice

JURORS-MEDICAL MALPRACTICE LAWSUITS Smith v. Cordero, 2019 Pa. Super. LEXIS 1141 (November 15, 2019) McLaughlin, J.  This was a verdict in favor of defendant hospital.  It was Allegheny County.  The court erred in denying Smith’s motions to strike two jurors for cause.  The error was not harmless.  The court vacated the judgment and remanded.  The two questions are as follows: [1.] Do you have any feelings or opinions about whether medical malpractice lawsuits affect the cost, availability and other medical services[?] [2.] Do you have any feelings or opinions as to whether there should be a minimum or maximum amount of money that can be awarded to an injured party? Juror #25 believed that juries award too much money in malpractice cases and malpractice cases drive up the cost of services.  She said she would follow jury instructions.  Juror #45 gave the same response but was a little stronger on maximum awards and said she believes in caps.  She has fundamental beliefs that malpractice cases and the amount of awards have no business on the panel.  The court should have stricken these jurors.  Trigg v. Children’s Hospital of Pittsburgh UPMC,…