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Medical Malpractice Rules in Pennsylvania

The deadline to file a medical malpractice claim in Pennsylvania, the discovery rule, and caps on damages.

Short answer: The general two-year injury deadline applies. In addition, the MCARE Act sets a seven-year statute of repose: no medical professional liability claim may be filed more than seven years after the alleged malpractice. 42 Pa.C.S. § 5524(2); Medical Care Availability and Reduction of Error (MCARE) Act, Act 13 of 2002, § 513 (40 P.S. § 1303.513)

Medical malpractice deadlineThe general two-year injury deadline applies. In addition, the MCARE Act sets a seven-year statute of repose: no medical professional liability claim may be filed more than seven years after the alleged malpractice. The repose period does not apply to a foreign object unintentionally left in the body. For a minor, the claim may be filed until the later of seven years after the malpractice or the minor's 20th birthday.
Medical malpractice capsThe MCARE Act does not cap compensatory damages in medical malpractice cases. It limits punitive damages against an individual physician to 200% of compensatory damages (except in cases of intentional misconduct). Punitive damages require willful or wanton conduct or reckless indifference; gross negligence is not enough. 25% of any punitive award against a health care provider goes to the MCARE Fund.

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FAQ

What is the statute of limitations for medical malpractice in Pennsylvania?
The general two-year injury deadline applies. In addition, the MCARE Act sets a seven-year statute of repose: no medical professional liability claim may be filed more than seven years after the alleged malpractice. The repose period does not apply to a foreign object unintentionally left in the body. For a minor, the claim may be filed until the later of seven years after the malpractice or the minor's 20th birthday.
Is there a cap on medical malpractice damages in Pennsylvania?
The MCARE Act does not cap compensatory damages in medical malpractice cases. It limits punitive damages against an individual physician to 200% of compensatory damages (except in cases of intentional misconduct). Punitive damages require willful or wanton conduct or reckless indifference; gross negligence is not enough. 25% of any punitive award against a health care provider goes to the MCARE Fund.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.