Pennsylvania Medical Malpractice Laws

There is no limit on damages. The statute of limitations is two years from injury or discovery but in no event beyond seven years from the date of the alleged tort. There is no statute of limitations for foreign objects. For minors, the statute of limitations is seven years from the date of the alleged tort or after the minor turns 20, whichever is later. There is several liability only unless claim involves intentional misrepresentation, an intentional tort, or the defendant’s fault is 60% or greater. There is no limitation on attorney fees. If damages for future medical expenses are more than $100,000, the net damages are paid in periodic payments. There is the Medical Care Availability and Reduction of Error Fund for participating health care providers. A certificate of merit is required to be filed by the claimant stating that a qualified expert has provided a written statement that the defendant provided care that fell outside acceptable standards of care which was the cause of the claimant’s injury or other relevant statement(s).

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