A malpractice limitation is defined as the length of time after the incident in question, that a person is entitled to a claim for medical malpractice.

In particular, the length of time in question, depending on the state in which the incident occurred. For example, barred in Pennsylvania for a medical malpractice case is usually two years. This means that a person has two years from the date of the incident, a claim for medical malpractice. After this date, from a legal point of view of the plaintiff is not entitled to his claim. But, as with most rules there are exceptions.

The so-called "discovery rule" is an example in which an abuse of the state statute of limitations can not be precisely from the time of the original incident. For example, if a doctor a mistake during surgery, but the damage from this defect is not even for some time thereafter, the statute of limitations can not begin until the symptoms, complaints, or any kind of problems are obvious.

In response to the rising price of insurance premiums and damage partly as a result of the discovery rule, Pennsylvania adopted a new Constitution in 2002 that an upper limit for the length of time a victim is entitled to wrongdoing, no matter what the circumstances. The statute is known as the "Statute of peace", and it is responsible for the incidents, according to the 20th March 2002. This law prevents any claim that a doctor or nurse if he has more than seven years since the incident in question.

Exactly what triggers the start of the limitations period is a matter of debate, and as already noted, statutes of limitations from state to state. Patients are encouraged to seek the legal advice from a medical malpractice attorney before proceeding with the claims.

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