Is there a time limit on when you can sue for dental malpractice?

Asked on August 7, 2015 under Malpractice Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The time limit to sue is called the "statute of limitations"--all suits must be filed within that time period. In your state, the statute of limitations for dental (or other medical) malpractice is two years from the date of the procedure. Sometimes, you can get this period extended if you did not, and reasonably could not, have known of the injury right away; the period may be extended by the length of time it took to become aware--or until, based on symptoms, circumstances, etc. you reasonably *should* have become aware--of the problem. However, it is better to not count on this, because there is an element of judicial discretion to determining when you did or should have been become aware, and sometimes judges don't rule they way you think they should; if all possible, the case should be filed within the basic two years.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The time limit to sue is called the "statute of limitations"--all suits must be filed within that time period. In your state, the statute of limitations for dental (or other medical) malpractice is two years from the date of the procedure. Sometimes, you can get this period extended if you did not, and reasonably could not, have known of the injury right away; the period may be extended by the length of time it took to become aware--or until, based on symptoms, circumstances, etc. you reasonably *should* have become aware--of the problem. However, it is better to not count on this, because there is an element of judicial discretion to determining when you did or should have been become aware, and sometimes judges don't rule they way you think they should; if all possible, the case should be filed within the basic two years.


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