Medical Malpractice in Pennsylvania
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Pennsylvania Medical Malpractice: Overview
Pennsylvania medical malpractice is governed primarily by the Medical Care Availability and Reduction of Error Act (MCARE Act, Act 13 of 2002) and the Pennsylvania Rules of Civil Procedure. Pennsylvania has no statutory cap on compensatory damages, and Philadelphia County remains one of the leading malpractice venues in the United States.
Pennsylvania Statute of Limitations
Under 42 Pa. C.S. § 5524, the limitations period is 2 years from discovery. Pennsylvania's discovery rule is broadly applied in malpractice cases. A 7-year statute of repose applies (with limited exceptions). The period is tolled for minors until age 18.
No Damage Cap in Pennsylvania
Pennsylvania has no statutory cap on compensatory damages — economic or non-economic. Punitive damages in malpractice are capped at 200% of compensatory damages under the MCARE Act, with a portion paid to the MCARE Fund.
Certificate of Merit in Pennsylvania
Pa. R.C.P. 1042.3 requires the plaintiff to file a Certificate of Merit within 60 days of filing the complaint, signed by an appropriate licensed professional in the same or a related specialty as the defendant, certifying that there is a reasonable probability that the care provided fell outside acceptable professional standards. Failure to file a Certificate of Merit results in dismissal.
Expert Requirements in Pennsylvania
Pennsylvania applies the Frye-Reed standard for expert admissibility. Standard-of-care experts must be qualified to testify under MCARE Act § 512 and Pa. R.E. 702 — generally requiring active practice or teaching in the same specialty within the relevant period.
Pennsylvania Court System and Venue
Pennsylvania malpractice cases are filed in the Court of Common Pleas — the state's trial court of general jurisdiction. A significant 2002 venue reform eliminated the prior plaintiff- friendly Philadelphia venue rule: malpractice cases must now be filed in the county where the care was rendered. Many counties require mandatory pre-trial mediation.
Common Defendants in Pennsylvania Malpractice
Major defendants include Jefferson Health, Penn Medicine (University of Pennsylvania Health System), UPMC (University of Pittsburgh Medical Center), Temple Health, and Geisinger Health.
Notable Pennsylvania Malpractice Law
The MCARE Act (Act 13 of 2002) is the comprehensive Pennsylvania malpractice reform statute. It established the Medical Care Availability and Reduction of Error Fund (MCARE Fund), expert qualification standards, and venue reform.
Finding a Medical Malpractice Attorney in Pennsylvania
The Pennsylvania Bar Association Lawyer Referral Service and the Pennsylvania Association for Justice are useful starting points for identifying experienced malpractice counsel.
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Sources
- 42 Pa. C.S. § 5524 — Pennsylvania General Assembly
- Pa. R.C.P. 1042.3 — Certificate of Merit — Pennsylvania Courts
- MCARE Act (Act 13 of 2002) — Pennsylvania General Assembly
- Pennsylvania Bar Association — PA Bar Association