Pennsylvania Medical Malpractice Lawyer

Pennsylvania Medical Malpractice Lawyer

Pennsylvania medical malpractice laws

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.

Damage Caps

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.

Expert Witnesses

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

Pennsylvania State Supreme Court May Allow ‘Error In Judgment’ In Medical Malpractice Cases
01 oct
Pennsylvania State Supreme Court May Allow ‘Error In Judgment’ In Medical Malpractice Cases

Last week, it was announced that the state Supreme Court of Pennsylvania would discuss whether or not to overturn a law that allows defendants in medical malpractice lawsuits to avoid prosecution based on “error in judgment”. The decision came as Stephen and Nicole Passarello were granted a new trial after their original lawsuit was dismissed

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Pennsylvania Boy Awarded $1.1 Million In Medical Malpractice Lawsuit
01 oct
Pennsylvania Boy Awarded $1.1 Million In Medical Malpractice Lawsuit

A 5-year old Pennsylvania boy was recently awarded $1.1 million in a medical malpractice lawsuit over a surgical procedure that left him with a brain injury. At only 11-months old, Keonte Graham suffered from sleep apnea so badly that his parents took him to Dr. Andrew Shapiro in 2007 for consultation and to find a

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