If it’s been 4 years since medical malpractice, can I still try up make a claim?

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If it’s been 4 years since medical malpractice, can I still try up make a claim?

About 4 years ago, I was in an auto accident while on public transportation which ended my pregnancy at 23 weeks gestation. I had a successful lawsuit but wasn’t able to claim wrongful death due to missing records from the treating hospital. I was led to believe that there was nothing I could do nor any wrongdoing on their part. I recently had a consultation with my OBGYN who said that if the hospital properly monitored me, they would’ve caught the shortening and dilation of my cervix before it was too late. I had no fetal monitoring despite it being ordered but the main problem is that when I got back to my room from an abdominal ultrasound, I overheard the nurses say that I had a transvaginal ultrasound as that’s what was ordered but they never did it. If they actually did the transvaginal ultrasound, they would’ve caught the cervical incompetence and earlier intervention would’ve prevented the loss a week later. As far as I know, there’s no proof that I didn’t have a vaginal ultrasound as the pictures from the test were gone from my records. I went through a lot of trauma losing my daughter as well as a very risky preterm cesarean section.

Asked on June 23, 2018 under Malpractice Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, the statute of limitations, or time period within which someone must file or start a lawsuit, is two years for medical malpractice in your state (Pennsylvania). That is, two years from when you know or should have known the harm occured--which is two years after your pregnancy ended. At four years since then, it is too late to bring a lawsuit.


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