Medical Malpractice Statute of Limitations in Pennsylvania
Last verified 2026-07 · Source: 42 Pa.C.S. § 5524(2), (7) ✓ verified · 3 sources
The deadline
2 years
from the date of the negligent act or, under the discovery rule, the date the injury and its cause were or reasonably should have been discovered, under 42 Pa.C.S. § 5524(2), (7).
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If you're researching medical malpractice claims in Pennsylvania, the single most important number is 2 years. That's how long 42 Pa.C.S. § 5524(2), (7) gives you to file a medical malpractice claim, counted from the date of the negligent act or, under the discovery rule, the date the injury and its cause were or reasonably should have been discovered. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Pennsylvania Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | 42 Pa.C.S. § 5524(2), (7) |
| Car Accident | 2 yrs | 42 Pa.C.S. § 5524(2) |
| Credit Card Debt | 4 yrs | 42 Pa.C.S. § 5525(a) |
| Wrongful Death | 2 yrs | 42 Pa. Cons. Stat. § 5524(2) |
| Personal Injury | 2 yrs | 42 Pa. Cons. Stat. § 5524(2) |
| Dog Bite | 2 yrs | 3 Pa.C.S. § 459-502 (Dog Law); SOL: 42 Pa.C.S. § 5524(2) |
| Slip and Fall | 2 yrs | 42 Pa. Cons. Stat. § 5524 |
| Defamation | 1 yr | 42 Pa.C.S. § 5523(1) |
| Breach of Contract | 4 yrs | 42 Pa.C.S. § 5525(a)(8) |
| Medical Debt | 4 yrs | 42 Pa. C.S. § 5525(a) |
When the Clock Starts
In Pennsylvania, the limitations period for medical malpractice claims generally begins on the date of the negligent act or, under the discovery rule, the date the injury and its cause were or reasonably should have been discovered. Pennsylvania recognizes a discovery rule for this claim type: Pennsylvania applies a judicial discovery rule tolling the 2-year period until the plaintiff knew or reasonably should have known of the injury and its cause; the MCARE Act's 7-year statute of repose (40 P.S. § 1303.513) was struck down as unconstitutional in Yanakos v. UPMC, 218 A.3d 1214 (Pa. 2019).
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against a Commonwealth party or local agency (e.g., public hospital) require written notice within six (6) months of the injury, 42 Pa.C.S. § 5522(a).
- Damage caps: None — the Pennsylvania Constitution, Art. III, § 18, prohibits the legislature from capping damages recoverable for personal injury.
A certificate of merit signed by an appropriate licensed professional must be filed within 60 days of the complaint in any professional-negligence action, Pa.R.C.P. 1042.3.
Source: 42 Pa.C.S. § 5524(2), (7), official Pennsylvania statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Pennsylvania government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Pennsylvania Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Pennsylvania | 2 years | 42 Pa.C.S. § 5524(2), (7) |
| New York | 2 yrs | N.Y. C.P.L.R. § 214-a |
| New Jersey | 2 yrs | N.J. Stat. Ann. § 2A:14-2 |
| Delaware | 2 yrs | 18 Del. C. § 6856 |
| Maryland | 3 yrs | Md. Code, Cts. & Jud. Proc. § 5-109(a) |
| West Virginia | 2 yrs | W. Va. Code § 55-7B-4 |
| Ohio | 1 yr | Ohio Rev. Code § 2305.113 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Pennsylvania?
You have 2 years from the date of the negligent act or, under the discovery rule, the date the injury and its cause were or reasonably should have been discovered, under 42 Pa.C.S. § 5524(2), (7).
Can I still sue after 2 years in Pennsylvania?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Pennsylvania?
Yes. Pennsylvania applies a judicial discovery rule tolling the 2-year period until the plaintiff knew or reasonably should have known of the injury and its cause; the MCARE Act's 7-year statute of repose (40 P.S. § 1303.513) was struck down as unconstitutional in Yanakos v. UPMC, 218 A.3d 1214 (Pa. 2019).
What if the victim was a minor?
Pennsylvania generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against a Commonwealth party or local agency (e.g., public hospital) require written notice within six (6) months of the injury, 42 Pa.C.S. § 5522(a).
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Sources
- Official 42 Pa.C.S. § 5524 — Two year limitation (Pennsylvania General Assembly)
- Corroborating 42 Pa.C.S. § 5524 (2025) — Two year limitation (Justia)
- Corroborating Pennsylvania Medical Malpractice Laws and Filing Deadlines (Nolo)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Pennsylvania attorney.