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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 8 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 8 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption