Pennsylvania Medical Malpractice Laws

No medical malpractice claim may be filed more than 7 years after the act or omission, regardless of when the injury was discovered.

For minors, the statute of limitations is tolled until they turn 18, at which point they have 2 years (until age 20) to file.

If a foreign object was left in the body, the discovery rule applies and the 7-year statute of repose does not bar the claim if the object is discovered after the repose period.

Pennsylvania does not cap compensatory damages (economic or non-economic) in medical malpractice cases.

Punitive damages in medical malpractice cases are capped at 200% of the compensatory damages award under the MCARE Act.

Within 60 days of filing the complaint, the plaintiff must file a certificate of merit signed by an attorney certifying that an appropriate licensed professional has reviewed the case and provided a written statement that a reasonable probability of negligence exists. Failure to file results in dismissal.

Medical malpractice cases must be filed in the county where the cause of action arose, not where the plaintiff resides. This was a significant change from prior law that allowed venue shopping to plaintiff-friendly jurisdictions like Philadelphia.

The Medical Care Availability and Reduction of Error (MCARE) Act governs medical malpractice in Pennsylvania. It established patient safety reporting requirements, caps on punitive damages, and the MCARE Fund (which provides excess professional liability coverage funded by a surcharge on providers).

A physician has a duty to obtain informed consent by disclosing the nature of the proposed procedure, risks, alternatives, and risks of alternatives. Lack of informed consent is a separate cause of action from negligence.