Medical knowledge · Legal judgment · Human agency
Pennsylvania has unique statutes of limitations, discovery rules, and caps on non-economic damages that affect medical malpractice claims. Understanding your state's legal landscape is critical to protecting your rights.
Pennsylvania imposes a two-year statute of limitations on medical malpractice claims, measured from the date the injury was discovered or should have been discovered.
There is an exception: the statute may be tolled (extended) if the defendant concealed the malpractice. Additionally, Pennsylvania recognizes a "discovery rule," meaning the clock can start from when the patient discovered or reasonably should have discovered the negligent injury, not necessarily from the date of the negligent act.
Pennsylvania requires expert testimony from a qualified healthcare provider in the same or similar specialty to establish the standard of care and breach.
An affidavit from an expert must accompany or promptly follow the complaint. The expert must opine that the defendant's care deviated from the standard and that this deviation was a substantial factor in causing the injury.
Pennsylvania does NOT have a statutory cap on non-economic damages (pain and suffering). However, there may be periodic payment requirements for large awards, and juries are instructed on valuation principles.
Economic damages (past and future medical expenses, lost wages) are not capped and are recoverable in full if proven.
Pennsylvania follows a pure comparative negligence standard. If a plaintiff is found to be partially at fault, the recovery is reduced by the plaintiff's percentage of fault.
Even if the plaintiff is 99% at fault, they can still recover 1% of the damages from the defendant(s). However, all defendants are jointly and severally liable.
Pennsylvania medical malpractice law is complex. If you believe you have a case, we can evaluate your claim based on state-specific requirements.
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The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this page or submitting a contact form.