Misdiagnosis in Pennsylvania
Average Settlement: $300,000 - $900,000 | Statute: 2 years from the date the cause of action accrues
About Misdiagnosis
Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient's condition, leading to inappropriate treatment or no treatment at all. This is one of the most common forms of medical malpractice and can result in disease progression, unnecessary procedures, or harmful medications. Cancer misdiagnosis is particularly devastating, as delayed treatment can mean the difference between a curable and terminal prognosis.
Pennsylvania Medical Malpractice Laws
Statute of Limitations
2 years from the date the cause of action accrues
Damage Cap
No cap on damages
Discovery Rule
Pennsylvania applies the discovery rule, beginning the statute when the plaintiff knows or reasonably should know of the injury and its cause, subject to a 7-year statute of repose (with exceptions).
Pre-Filing Requirements
Plaintiffs must file a certificate of merit within 60 days of filing the complaint, certifying that an appropriate licensed professional has reviewed the claim and believes there is a reasonable basis for the action.
Common Examples of Misdiagnosis
- •Diagnosing a malignant tumor as benign
- •Misidentifying a heart attack as acid reflux or anxiety
- •Confusing symptoms of stroke with migraine or vertigo
- •Incorrectly diagnosing an infection, leading to wrong antibiotic treatment
- •Failing to identify cancer on imaging studies such as mammograms or CT scans
- •Misdiagnosing autoimmune conditions as psychological disorders
Key Facts
- ✓Studies indicate that diagnostic errors affect approximately 12 million adults in the United States each year in outpatient settings
- ✓To prove misdiagnosis, the plaintiff must show that a competent physician in the same specialty would have correctly identified the condition under the same circumstances
- ✓Medical records documenting the patient's reported symptoms, test results, and the physician's reasoning are essential to building a misdiagnosis case
- ✓Misdiagnosis claims often require demonstrating that the correct diagnosis was on the physician's differential diagnosis list but was improperly ruled out
- ✓The damages in misdiagnosis cases are measured by the difference in outcome between what occurred and what would have happened with a timely, correct diagnosis
- ✓Radiology and pathology misreads are among the most clear-cut misdiagnosis cases because the evidence is preserved in images and slides
- ✓Pennsylvania requires a certificate of merit within 60 days of filing, certified by an appropriate licensed professional.
- ✓Philadelphia has historically been one of the most plaintiff-friendly jurisdictions for medical malpractice in the nation.
- ✓Pennsylvania follows a modified comparative negligence system with a 51% bar.
- ✓There are no caps on compensatory damages (economic or non-economic) in Pennsylvania.
- ✓Venue rules require malpractice cases to be filed in the county where the cause of action arose.
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Other Malpractice Types in Pennsylvania
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Pennsylvania.