Pennsylvania

Statute of Limitations

Medical Claim Generally:

Pennsylvania has a two-year statute of limitations and case law recognizes the discovery rule. [42 Pa. CSA § 5524; Hayward v. Medical Center (1992)]

Minors:

When a minor turns 18, the two-year statute of limitations begins to run [42 Pa. CSA § 5533]

Wrongful death:

A wrongful death action must be brought within 2 years of the date of death [42 Pa. CSA § 5524]

Damage Caps

Currently, Pennsylvania does not have any caps on damages in medical malpractice cases.

Attorney Fee   Caps

Currently, Pennsylvania does not have any attorney fee caps.

Pre-suit 

Requirements

“In any action based upon an allegation that a licensed professional deviated from an acceptable professional standard, the attorney for the plaintiff, or the plaintiff if not represented, shall file with the complaint or within sixty days after the filing of the complaint, a certificate of merit” [Pa. RCP Rule 1042.3]

Expert

Qualifications

An expert must “possess an unrestricted physician's license to practice medicine in any state or the District of Columbia” and “be engaged in or retired within the previous five years from active clinical practice or teaching.” For an expert to testify on standard of care, the expert must also be familiar with the “specific care at issue,” “practice in the same specialty or subspecialty,” and be “board certified.” However, the subspecialty requirement can be waived. [40 P.S. § 1303.512]

Negligent

Credentialing Claims

Pennsylvania recognizes negligent credentialing [Larson v. Wasemiller (2010)]