Understanding Pennsylvania’s Medical Malpractice Laws

By Ben Gobel on April 28, 2025

Medical malpractice in Pennsylvania involves cases where a healthcare provider’s negligence causes harm to a patient. The state’s laws set specific rules for proving fault, filing claims, and seeking compensation in these cases. Understanding these laws is essential for anyone navigating or considering a medical malpractice claim.

Pennsylvania requires plaintiffs to meet certain standards, such as demonstrating a breach of the medical standard of care and showing a direct link between that breach and the injury. There are also limits on damages and strict timelines for filing lawsuits, which can significantly impact a case’s outcome.

Understanding Medical Malpractice Laws in Pennsylvania

Legal Definitions and Key Terms

Medical malpractice occurs when a health care provider breaches the accepted standard of care, causing injury to a patient. The standard of care is what a reasonably competent provider would have done in a similar situation. Key terms include:

• Negligence: Failure to meet the standard of care.
• Damages: Compensation sought for injury or loss.
• Plaintiff: The injured patient bringing the claim.
• Defendant: The medical professional or institution being sued.

Pennsylvania law requires proving that the negligence directly caused the injury. Expert testimony is typically necessary to establish this connection.

Statute of Limitations for Medical Malpractice in Pennsylvania

The statute of limitations sets the time limit to file a medical malpractice lawsuit. In Pennsylvania, this period is generally two years from the date the injury was discovered or should have been discovered. Exceptions include:

• If the injury was not immediately apparent, the clock starts when the injury is or should have been found.
• For minors, the deadline may be extended until they turn 20 years old.

Filing after the statute of limitations results in dismissal, making timely action critical.

Filing a Medical Malpractice Claim in Pennsylvania

The Process of Filing a Medical Malpractice Claim

The claimant must first file a Notice of Intent to Sue with the healthcare provider at least 60 days before filing the lawsuit. This notice must include a detailed certificate of merit from a qualified medical expert, confirming the claim’s validity.

Pennsylvania law requires that the lawsuit be filed within two years from the date the injury was discovered, but no more than seven years from the alleged malpractice. Missing these deadlines generally results in dismissal.

After the notice period, the claim can proceed to litigation if not settled. The process includes discovery, expert depositions, and potential settlement negotiations before trial.

The Role of Evidence in Medical Malpractice Cases

Evidence plays a crucial role in proving negligence or breach of standard care. Key documents include medical records, expert witness statements, and testimony regarding the standard medical procedures expected.

Expert witnesses must establish that the healthcare provider’s actions deviated from accepted medical standards and directly caused harm. Without this expert testimony, claims often do not advance.

Physical evidence, such as test results and treatment histories, helps establish timelines and demonstrate the injury’s impact. Clear, objective evidence strengthens the claimant’s position in court or settlement talks.

Common Types of Medical Malpractice Cases

Medical malpractice cases often arise from failures in the duty of care owed by healthcare providers. These failures can take various forms depending on the circumstances and the type of medical treatment involved.

• Misdiagnosis and delayed diagnosis are common issues. When a condition is incorrectly diagnosed or not diagnosed in time, patients may suffer harm due to a lack of proper treatment.
• Surgical errors include wrong-site surgery, performing the wrong procedure, or mistakes made during the operation. These errors can cause serious injury or complications.
• Medication errors involve prescribing the wrong drug, incorrect dosage, or failing to account for a patient’s allergies. These mistakes can have dangerous consequences.
• Birth injuries occur due to negligence during prenatal care, labor, or delivery. They may involve harm to the baby or mother from avoidable mistakes.
• Anesthesia errors happen when the anesthesiologist administers too much or too little anesthesia, fails to monitor the patient, or neglects to account for patient-specific risks.

Other cases include failure to obtain informed consent, where patients are not adequately informed of risks before treatment, and infections caused by unsanitary conditions or improper post-operative care.

Compensation and Potential Outcomes

Potential Outcomes and Compensation

Compensation can include economic damages such as medical bills, lost wages, and future care costs. These are quantifiable and often form the bulk of the claim’s monetary value. Non-economic damages cover pain and suffering, loss of consortium, and emotional distress. 

The total award may also depend on comparative negligence. If the patient is partially at fault, their compensation is reduced proportionally. Settlements are common, but cases may proceed to trial if the parties cannot agree on an amount.

How Ogg, Murphy & Perkosky, P.C. Can Assist

Ogg, Murphy & Perkosky, P.C. provides experienced legal support for individuals facing medical malpractice claims in Pennsylvania. We understand the complexities of state laws and can help clients navigate the legal process effectively.

Our firm offers a thorough case evaluation to determine the validity and strength of each claim. Our attorneys gather essential evidence, consult medical experts, and build a solid case strategy tailored to each client’s needs.

Our clients benefit from clear communication and consistent updates throughout their case. Ogg, Murphy & Perkosky ensures that clients understand their options and the potential outcomes at every step.

We also handle negotiations with insurance companies and medical providers to pursue fair settlements. If necessary, we are prepared to take a case to trial to seek appropriate compensation. Our key services include:

• Case assessment and investigation
• Expert witness coordination
• Settlement negotiation
• Trial representation

Ogg, Murphy & Perkosky, P.C. aims to provide knowledgeable, practical legal assistance to those dealing with medical malpractice issues in Pennsylvania. Our experience helps clients make informed decisions and pursue their rights with confidence.

Additional Considerations in Pennsylvania Medical Malpractice Cases

Medical malpractice litigation is a highly specialized area of law, and Pennsylvania’s legal landscape presents several unique challenges and considerations that both patients and healthcare providers should understand. Beyond the basic procedures and compensation, there are additional factors that can influence the trajectory and outcome of a malpractice case.

Vicarious Liability and Hospital Responsibility

In many cases, plaintiffs may pursue claims not only against the individual healthcare provider but also against the hospital or medical facility where the negligence occurred. Under the doctrine of vicarious liability, hospitals can be held responsible for the actions of their employees, such as nurses, technicians, or employed physicians. However, if the provider is an independent contractor, liability may be more difficult to establish unless the hospital presented them as part of its staff or failed in its duty to supervise. Understanding these distinctions is crucial for determining all potential sources of recovery.

Caps on Damages and Special Rules

While Pennsylvania generally does not cap compensatory damages for economic and non-economic losses in medical malpractice cases, punitive damages—awarded in cases of willful or reckless misconduct—are capped at two times the amount of actual damages. Additionally, 75% of any punitive damages awarded must be paid to the state’s Medical Care Availability and Reduction of Error (MCARE) Fund, which helps compensate patients in cases where providers are underinsured or uninsured. This structure aims to balance patient compensation with the stability of the healthcare system.

The Impact of Comparative Negligence

Pennsylvania follows a modified comparative negligence rule. If a patient is found to be partially at fault for their injury—for example, by not following medical advice—their compensation will be reduced by their percentage of fault. However, if the patient is found to be more than 50% responsible, they are barred from recovering any damages. This underscores the importance of comprehensive documentation and expert testimony to accurately establish fault and causation.

The Emotional Toll and the Value of Legal Guidance

Medical malpractice cases can be emotionally draining for patients and their families, who may already be struggling with the aftermath of a serious injury or loss. The legal process can involve reliving traumatic events, navigating complex medical evidence, and enduring lengthy proceedings. Experienced legal counsel from Ogg, Murphy & Perkosky, P.C., can provide not only strategic advocacy but also compassionate support throughout the process.

Preventing Future Malpractice

One often overlooked outcome of medical malpractice litigation is its role in promoting patient safety. Successful claims can lead to changes in hospital policies, increased provider accountability, and the implementation of better safety protocols. By holding negligent parties responsible, victims and their advocates contribute to a safer healthcare environment.

Get Legal Help For Your Pennsylvania Medical Malpractice Case

Understanding Pennsylvania’s medical malpractice laws is essential for anyone considering or facing a claim. From strict filing deadlines and evidentiary requirements to the nuances of comparative negligence and damage caps, the legal framework is designed to balance the rights of patients with the interests of healthcare providers. If you or a loved one has been harmed by suspected medical negligence, skilled Pittsburgh Medical Malpractice attorneys from Ogg, Murphy & Perkosky, P.C. can make a significant difference in protecting your rights, navigating the legal system, and achieving a fair outcome. With the right guidance, you can seek accountability and the compensation needed to move forward.