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 deadline | 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. |
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| Medical malpractice caps | 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. |
More Pennsylvania personal injury & wrongful death
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- Wrongful Death Lawsuits in Pennsylvania
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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.