A Badly Set Arm, Years Later: Pennsylvania's Deadline for Malpractice Claims
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed October 2022
Legal Inquiry
Consumer Legal Issue
Eight years ago I was in a bad car accident and went to a hospital with my upper arm bone snapped in half. They wrapped it, put a splint on one side and sent me home. My arm is now deformed and badly curved. They never checked my back, which was also injured. I now have bad pain in my shoulder, arm and hand, and I have developed bad arthritis. After I had healed for about eight months, the hospital wanted to re-break my arm and put a bar and screws in it.
Attorney Answer
A claim this old is very likely too late. Pennsylvania gives two years for injuries caused by negligence, and that applies to a malpractice claim against the hospital and to a claim against the driver in the crash. The clock can start later than the date of treatment when an injury could not have been discovered. But by your account, you knew the arm had healed wrong within months. One conversation with a malpractice lawyer will confirm whether anything in your facts changes that.
The deadline. 42 Pa.C.S. § 5524:
The following actions and proceedings must be commenced within two years:
An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
When the clock starts. The two years usually begins when the injury happens. Pennsylvania courts can delay the start where a person did not know, and could not reasonably have known, that they were injured and what caused it. That is why the date you learned the arm had healed badly matters. By your account, it was within about eight months, when the hospital proposed re-breaking it. A lawyer will work from that date, not from the date of the crash.
The car accident claim. A claim against the other driver is subject to the same two years, under the same section, and runs from the crash.
Where that leaves you. Even if no claim remains, your current pain and arthritis are worth treating on their own terms. An orthopedic specialist can tell you what can still be done for the arm today. Your old records will help them, so it is worth getting them now.
What you can do
1. Request your records from the hospital for the original treatment and the later recommendation; you are entitled to a copy.
2. See an orthopedic specialist about your current pain, shoulder and hand symptoms.
3. Have one conversation with a Pennsylvania medical malpractice lawyer about timing, bringing the dates you know. Most offer a free first consultation.
⏱ Time limits apply. Two years under 42 Pa.C.S. § 5524(2), measured from the injury, or from when it was or should have been discovered.
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Frequently Asked Questions
How long do you have to file a medical malpractice claim in Pennsylvania?
Generally two years under 42 Pa.C.S. § 5524(2); courts may delay the start of that period where the injured person did not know, and could not reasonably have known, of the injury and its cause.
Does the two-year deadline also apply to a car accident injury claim in Pennsylvania?
Yes. 42 Pa.C.S. § 5524(2) covers actions to recover damages for injuries to the person caused by the wrongful act or negligence of another, which includes injury claims from car accidents.
Can you get your old hospital records in Pennsylvania?
Patients are generally entitled to request a copy of their own medical records from the provider, which is useful for current treatment whether or not a legal claim remains.