The general statute of limitations for medical malpractice is two years from the date of the injury under 42 Pa.C.S. § 5524. However, there are a couple of exceptions to the general rule. For minors, the limitations period will be tolled until they reach age 18, meaning they will have until they reach age 20 to file a malpractice lawsuit. Pennsylvania also recognizes the discovery rule. This means that the statute of limitations will not start to run until the date when the patient discovered or reasonably should have discovered that the injury was caused by medical malpractice.
If the victim dies because of the medical provider's malpractice, the family will have two years to file a claim from the date of the victim's death. Finally, Pennsylvania has a statute of repose that states that the maximum amount of time after an injury in which a malpractice claim can be filed is no later than seven years. However, the Pennsylvania Supreme Court recently ruled that the statute of repose is unconstitutional, so it is currently unclear whether there is a deadline for people who only later discover that malpractice occurred and was the cause of their injuries.