The judicial system allows plaintiffs to seek legal compensation within a specified time frame, defined by statutes of limitations. In Pennsylvania, the statute of limitations for personal injury cases is typically two years.
The main purpose of these statutes is to prevent the deterioration of evidence over time, as documents can be lost, memories fade, and witnesses may become unavailable. Statutes of limitations help mitigate these issues.
Originating in Roman law, statutes of limitations were extensively codified in the 17th century. Today, all fifty U.S. states have set time limits for filing lawsuits or prosecuting crimes, with variations depending on jurisdiction and cause of action.
Personal Injury Cases: Discovery Rule Exception
In Pennsylvania, personal injury lawsuits must be filed within two years of the injury. If filed after this period, the lawsuit will likely be dismissed. The limitations period usually starts when the injury occurs, but complications arise when the exact timing is unknown. For instance, on average, four patients daily experience surgical items like sponges or instruments being left inside them after surgery.
Surgical sponges are the most common retained surgical items (RSIs), typically found in the abdomen and pelvis. Symptoms of RSIs, such as pain, swelling, and tenderness, can resemble other conditions, making accurate diagnosis challenging. RSIs can cause significant emotional distress, severe physical harm, or even death.
Some patients experience symptoms soon after surgery, while for others, symptoms might not appear for months or years. In one case, a sponge was discovered in a woman four years post-abdominal surgery. In such situations, statutes of limitations can hinder the ability to file a medical malpractice lawsuit.
Thankfully, Pennsylvania, like many states, has a “discovery rule” exception. This rule suspends the statute of limitations if the injured party was reasonably unaware that their injury was due to another party’s conduct. However, if a patient experienced pain after surgery but did not seek medical help for years, their lawsuit might be barred by the statute of limitations.
The burden of proving the inability to know of the injury despite reasonable diligence falls on the party invoking the discovery rule. This standard applies to a “reasonable person” rather than a particular plaintiff.
If you’ve been injured due to someone else’s negligence, it’s crucial to act quickly. Contact an experienced personal injury attorney at Comitz Law by calling 570-829-1111 or emailing info@comitzlaw.com.