How long after a malpractice incident can the victim sue?

My husband got hurt as a passenger in a car accident 4 years ago. The first hospital ER he went to sent him home with broken bones telling him that only his arm was broken. However, a few days later he couldn’t deal with the pain anymore or move so he went to another hospital ER. They found his wrist was broken on his other arm, as well as his hip was broken along with multiple other injuries they missed. Can we go after the first hospital for sending him home like that considering his still in pain everyday from his hip, some days worse than others or is it too late?

Asked on June 23, 2014 under Malpractice Law, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

PA has a two year statute of limitations in a medical malpractice case which means that a lawsuit must be filed prior to the two year anniversary of the medical malpractice.  Since four years have elapsed, your husband has missed the statute of limitations and his claim against the hospital is barred.

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