What is the statute of limitations for dental malpractice, when surgery was received as a minor?

10 views 5 answers
I had wisdom teeth surgery in 2011 when I was 17. I had and reported facial numbness and limited mobility to my doctor the week following the surgery. I am now 21 and still have facial numbness as well as some limited movement along an area close to my lip on the left side of my face. Is it still even reasonable to go through with anything, given the lapse of time? I did not go through with anything initially for two reasons: I heard and saw that the numbness could go away over time, I was young and did not know what to do.

Attorney Answers

5
Joseph Stampone ·
Because you were a minor when you suffered the injury (assuming it was as the result of negligence), you have two years from the date you reached the age of majority (18) to file a lawsuit against any negligent party. So, generally speaking, you would have until your 20th birthday. However, Pennsylvania also has something called the "discovery rule." This rule extends the two year statute of limitations if you were not able to otherwise discover that your problems were the result of a negligent act by a medical provider. The two year statute will then begin to run when you knew or reasonably should have known that the problems you are experiencing resulted from a medical provider’s negligence.
0 upvotes
Harold Semanoff ·
Harold Semanoff 5 stars 30 reviews Rating: 10 Car Accident Lawyers in Huntingdon Valley, PA Reveal number tel: (215) 876-0341 Private message Call Message Profile Posted on Jan 19, 2015 Unfortunately, your claims are barred by the Statute of limitations which is 2 years. For minors, the 2 years starts to run on your 18th birthday so you have until you are 20 to file a lawsuit More 0 found this answer helpful found this helpful | 0 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments
0 upvotes
Thomas Kenny ·
Thomas Kenny 4.6666666666667 stars 33 reviews Rating: 10 Criminal Defense Attorney in Philadelphia, PA Reveal number tel: (215) 608-5290 Private message Call Message Profile Posted on Jan 18, 2015 Its a tricky question and I agree with the other answer. When you discovered negligence is key. Speak to injury attorney Specific legal advice can only be given with full knowledge of all of the facts and circumstances of your situation. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question. If you would like to consult with me privately, you may do so. More 0 found this answer helpful found this helpful | 2 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments
0 upvotes
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Christian K. Lassen II 4.875 stars 8 reviews Rating: 10 Life Insurance Attorney in Philadelphia, PA Reveal number tel: (855) 637-2987 Call Profile Posted on Jan 18, 2015 The statute is 2 years, and since you were a minor, it starts at 18, so you have to file before you turn 20, but have a local Reading lawyer investigate nonetheless. has a terrific lawyer finder tool. More 0 found this answer helpful found this helpful | 2 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments
0 upvotes
Thomas J. GibbonsPersonal Injury LawyerPhiladelphia, PA ·
Thomas J. Gibbons 5 stars 16 reviews Rating: 10 Personal Injury Lawyer in Philadelphia, PA Reveal number tel: (215) 569-1455 Private message Call Message Profile Posted on Jan 18, 2015 2 years from the date you discovered, or should have discovered, the malpractice (under the "discovery rule"), or your 20th birthday. Call a medical malpractice lawyer to determine if the discovery rule applies to our case, and whether you're still within the limitations period of it does. Very, very technical and fact-specific stuff. Good luck. More 0 found this answer helpful found this helpful | 3 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments
0 upvotes