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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
Kira Charlton went into labor on March 2, 2011 and was rushed to the Delaware County Memorial Hospital, located in Drexel Hill, PA. Charlton’s twins were deemed healthy throughout her pregnancy, but her doctors advised a cesarean section. According to a 2013 medical malpractice lawsuit, filed on behalf of the Charlton family, when she arrived
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When Waiting Wreaks Havoc How Delayed C-Sections Can Cause Serious Injury When Victoria Upsey arrived at Pottstown Memorial Medical Center on a Sunday afternoon in August of 2008, the 34-year-old expectant mother knew something wasn’t right. Her baby wasn’t due for another month, but she was experiencing “constant cramps,” according to court documents, and her
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