What is the statute of limitations for dental malpractice, when surgery was received as a minor?
5 attorney answers
Because you were a minor when you suffered the injury (assuming it was as the result of negligence), you have two years from the date you reached the age of majority (18) to file a lawsuit against any negligent party. So, generally speaking, you would have until your 20th birthday. However, Pennsylvania also has something called the "discovery rule." This rule extends the two year statute of limitations if you were not able to otherwise discover that your problems were the result of a negligent act by a medical provider. The two year statute will then begin to run when you knew or reasonably should have known that the problems you are experiencing resulted from a medical provider’s negligence.
Unfortunately, your claims are barred by the Statute of limitations which is 2 years. For minors, the 2 years starts to run on your 18th birthday so you have until you are 20 to file a lawsuit
Its a tricky question and I agree with the other answer. When you discovered negligence is key. Speak to injury attorney
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The statute is 2 years, and since you were a minor, it starts at 18, so you have to file before you turn 20, but have a local Reading lawyer investigate nonetheless. Avvo has a terrific lawyer finder tool.
2 years from the date you discovered, or should have discovered, the malpractice (under the "discovery rule"), or your 20th birthday.
Call a medical malpractice lawyer to determine if the discovery rule applies to our case, and whether you're still within the limitations period of it does. Very, very technical and fact-specific stuff.
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