Pennsylvania (PA) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Pennsylvania.
Damage Cap
No cap on damages
Statute of Limitations
2 years from the date the cause of action accrues
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.
Average Settlement
$300,000 - $700,000
Average Verdict
$500,000 - $2,500,000
Key Facts About Pennsylvania Medical Malpractice Law
- 1Pennsylvania requires a certificate of merit within 60 days of filing, certified by an appropriate licensed professional.
- 2Philadelphia has historically been one of the most plaintiff-friendly jurisdictions for medical malpractice in the nation.
- 3Pennsylvania follows a modified comparative negligence system with a 51% bar.
- 4There are no caps on compensatory damages (economic or non-economic) in Pennsylvania.
- 5Venue rules require malpractice cases to be filed in the county where the cause of action arose.
Need Help with a Pennsylvania Medical Malpractice Case?
If you believe you have a medical malpractice claim in Pennsylvania, it is important to act quickly. The statute of limitations in Pennsylvania is 2 years from the date the cause of action accrues. Most medical malpractice attorneys offer free initial consultations.