Skip to main content

Medical Malpractice Law in Pennsylvania

Posted by attorney John Phillips

When dealing with medical malpractice law in Pennsylvania, it is important to understand that all these different types of laws are open to interpretation and are very likely to be more dependent on the plaintiff, the attorney and the doctors involved in any particular medical malpractice suit. With the law and the state charter providing a method of recourse for victims of medical malpractice, it is only natural to find medical malpractice laws on the books for individuals to take advantage of. By offering a method for plaintiffs to seek redress from doctors who are negligent in their care of their patients, the state of Pennsylvania makes it very clear that there is a line which doctors may not cross and patients have sufficient rights to follow-up on any less than exemplary service from their physicians. With this law in place, medical malpractice victims have a means to seek compensation from physicians who are criminally negligent or do not sufficiently perform their duties in a responsible manner. With so many medical malpractice laws in Pennsylvania, it is not uncommon to see a multitude of attorneys focusing on this specific issue.

Pennsylvania State Malpractice Laws at a Glance:

Pennsylvania State Tort Law Statute of Limitations Two years from date of original injury or after injury is discovered. Damage Award Limits Punitive damages available only in cases of deliberate misconduct or reckless disregard. No limits otherwise.

Joint Defendant Liability Proportionate liability for defendants except where defendant found to be more than 60% at fault or in cases of deliberate misconduct.

Expert Witness An attorney will sign the complaint certifying that he or she has consulted an expert who will be able to testify to relevant position.

Attorney Fees

No limits on attorneys fees

Defining Medical Malpractice Law in Pennsylvania

With the endless parade of doctors and lawyers in the world, it is almost impossible to arrive upon a set standard definition of medical malpractice law in Pennsylvania or any other state. With so many individuals fighting courtroom battles on a regular basis, the subtleties and meetings of each individual statute are bandied about and interpreted in many different ways, depending on the vagaries and conditions of the lawsuit itself. In the case of medical malpractice law in Pennsylvania, it is only natural that attorneys for the plaintiffs will bring suit and that attorneys for the defendant will defend their clients vigorously. With so much battling back and forth, the subtleties of the law are constantly changing and extraordinary difficult to define in any concrete fashion.

Understanding Your Rights

In the case of the plaintiff, the medical malpractice law in Pennsylvania is very clear that the plaintiff has the right to bring suit against their physician if they are under the belief that medical malpractice has taken place. While the definition itself of medical malpractice might be somewhat difficult to nail down, filing suit against physicians is far more simple a matter and requires only that the proper paperwork is filled out and filed at the local courthouse, usually by a competent practicing attorney.

Author of this guide:

Was this guide helpful?

Avvo personal injury email series

Sign up to receive a 3-part series of useful information and advice about personal injury law.

Recommended articles about Personal injury

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer