What is the statute of limitations for filing a medical device injury claim?
In Pennsylvania, the statute of limitations for filing a medical device injury claim is two years. The two-year clock starts from the date you discover or should have reasonably known you have suffered an injury due to the medical device. This means if you become aware of the injury more than two years after the device was implanted, you likely will not be able to file a claim. It is important to note that the statute of limitations applies to all medical device injury claims in the state of Pennsylvania. This includes product liability claims, negligence claims and breach of warranty claims. Furthermore, if you are the family member of an individual who died due to a medical device injury, you have two years from the date of the death to file a wrongful death claim. Additionally, if you are filing a medical device injury claim against a government agency, you must file a notice of claim with the government agency within six months of discovering your injury. This is a shorter time period than the statute of limitations for private entities. It is important to be aware of the statute of limitations when filing a medical device injury claim as deadlines cannot be extended. If you are unsure of the statute of limitations for your claim, you should speak to an experienced attorney for legal advice.
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