Pennsylvania Statute of Limitations for Medical Malpractice
In Pennsylvania, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: 42 Pa. C.S. § 5524.
- 2 years from the act or from discovery. 7-year statute of repose. Minors have until age 20.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the act or from discovery. 7-year statute of repose. Minors have until age 20.
General Pennsylvania Rules
Pennsylvania provides 4 years for contract claims and 2 years for most tort claims. The discovery rule is well-established in Pennsylvania and applies broadly. Medical malpractice claims have a 7-year statute of repose, with a special provision allowing minors to file until age 20.
Other Statutes of Limitations in Pennsylvania
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Pennsylvania?
The statute of limitations for medical malpractice in Pennsylvania is 2 years. Citation: 42 Pa. C.S. § 5524.
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When does the clock start for medical malpractice in Pennsylvania?
2 years from the act or from discovery. 7-year statute of repose. Minors have until age 20.
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Can the statute of limitations for medical malpractice be extended in Pennsylvania?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.