Medical Malpractice Lawsuit in Pennsylvania

Statute of Limitations: Pennsylvania applies a 2-year statute of limitations to medical malpractice claims, running from the date the claimant knew or should have known of the injury and its cause (the discovery rule). A 7-year statute of repose applies, barring claims more than 7 years after the negligent act regardless of discovery. For minors, the SoL begins to run at age 18 but is subject to the 7-year repose.

Non-Economic Damages Cap: Pennsylvania does not cap non-economic damages in medical malpractice cases. However, a $500,000 cap applies when the defendant is a Commonwealth agency or employee under the Sovereign Immunity Act. For private physicians and hospitals, pain and suffering awards are uncapped and have historically been substantial in Philadelphia County.

Pre-Suit Requirements: Pennsylvania requires a Certificate of Merit (COM) under Pa. R. Civ. P. 1042.3. The plaintiff's attorney must file the COM within 60 days of filing the complaint, attesting that a licensed professional has supplied a written statement that there is a basis to assert that the defendant deviated from an acceptable professional standard. Failure to timely file results in dismissal.

Venue: Pennsylvania's venue rules for medical malpractice changed significantly in 2023. Under amended Pa. R. Civ. P. 1006(a.1), medical malpractice actions must be filed in the county where the medical care was rendered — plaintiffs can no longer elect Philadelphia County merely because a defendant corporation does business there. This rule substantially reduced Philadelphia forum-shopping and redirected cases to suburban and rural counties.