Legal Question in Medical Malpractice in Pennsylvania

I was in an auto-accident in May of 2000 with numerous broken bones and internal injuries, ever since I had the accident I have been complaining to doctors, physicians, and physical therapists that there was something wrong with my left shoulder and the only thing they would do was to send me to physical therapy which wasn't working. Finally in April of 2013 they give me an MRI on my left shoulder and find out that it has been torn. I talked to a lawyer in my home town and they said that I was too late to file, because the statues of limitations had run out. After doing some searching I discovered that the state of Pennsylvania adopted a law called the Discovery rule, which I believe I fall into that category. Is that correct?

Asked on 7/30/13, 10:03 am

1 Answer from Attorneys

Jerry Meyers Meyers Evans & Associates, LLC

Any claim arising out of the accident is barred by the statute of limitations. A claim against medical personel arising out of failure to earlier diagnosie and treat shoulder injury may benefit from discovery rule. However, you had a duty to exercise reasonable diliigence in attempting to learn the cause of the continued pain you suffered. You should consult an attorney in your area to determine the reasonableness of your conduct and whether you suffered harm as a consequence of delay of sufficient magnitude to justify the time and expense such claims entail.

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Answered on 8/29/13, 12:44 pm

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