Jump To:
Pennsylvania medical malpractice laws
The following standards govern medical malpractice suits in Pennsylvania:
Statute of Limitations
Medical malpractice actions must be brought within 2 years of the date of the original injury, or the date the plaintiff first discovered the injury.
Damage Caps
Pennsylvania does not limit compensatory damage awards. However, punitive damages may not be awarded except when the malpractice was a result of deliberate misconduct or reckless disregard. Punitive damages may not exceed 200% of compensatory damages unless intentional misconduct is found.
Joint Defendant Liability
In the state of Pennsylvania more than one defendant can be named in a medical malpractice case; therefore, liability can be divided proportionately among all defendants. This does not apply if one defendant is found to be 60% or more at fault, or if a defendant is found guilty of deliberate misconduct.
Expert Witnesses
Attorneys must file certificates of merit regarding the qualifications of expert witnesses they wish to use. Experts must be actively engaged in practice or teaching in their field or retired less than five years. The court may waive these requirements if the expert provides sufficient evidence of his or her qualifications.
Pennsylvania - News Articles
In December 2012, about a month and a half before her due date, Corradina “Corry” Baldacchino was rushed to the Conemaugh Memorial Medical Center located in Johnstown, Pennsylvania. When Baldacchino’s baby girl was born she only weighed three pounds and according to medical records she was bleeding from the back of her head. In 2015,
Read More
Several myths about medical negligence and malpractice suits have become popular recently, particularly as healthcare and insurance costs continued to be a major focus of economic and political debate. Below are three of the major myths tort reform proponents use to help push their agenda to limit the ability of injured patients to seek compensation
Read More