The following standards govern medical malpractice suits in Pennsylvania:
Statute of Limitations
Medical malpractice actions must be brought within 2 years of the date of the original injury, or the date the plaintiff first discovered the injury.
Pennsylvania does not limit compensatory damage awards. However, punitive damages may not be awarded except when the malpractice was a result of deliberate misconduct or reckless disregard. Punitive damages may not exceed 200% of compensatory damages unless intentional misconduct is found.
Joint Defendant Liability
In the state of Pennsylvania more than one defendant can be named in a medical malpractice case; therefore, liability can be divided proportionately among all defendants. This does not apply if one defendant is found to be 60% or more at fault, or if a defendant is found guilty of deliberate misconduct.
Attorneys must file certificates of merit regarding the qualifications of expert witnesses they wish to use. Experts must be actively engaged in practice or teaching in their field or retired less than five years. The court may waive these requirements if the expert provides sufficient evidence of his or her qualifications.
Pennsylvania - News Articles
A four-day medical malpractice trial in Pennsylvania concluded with the jury awarding a man from Hatsboro, Pennsylvania $4 million. The man had brought the case against his physician when he received nerve damage from a procedure performed in his physician’s office. The decision is unique in that it is the first medical malpractice verdict inRead More
On February 6, 2012, Kristine Coleman felt a sharp pain shoot down her left arm. The sensation lingered and Coleman, then 41, was rushed to the Geisinger Community Medical Center. Coleman told the attending physicians that she was experiencing pain from her left shoulder all the way to her left hand. The medical center staffRead More