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
On February 29, 2016, Andrew J. Martin, then 70 years old, was brought into the Geisinger Wyoming Valley Medical Center, located in Wilkes-Barre, Pennsylvania. Margaret Martin, his wife, and their three children, were under the impression that he would be quickly returning from the hospital in good health. But after spending 77 days at theRead More
Pennsylvania Surgeon Found Negligent for the Death of Thomas A. Natale; A Mercer County Jury Awards Family $5.1 Million Nearly a decade ago, Thomas A. Natale Jr. was standing on the back of a truck at work when he lost his balance and began to fall. Natale tried to brace himself before he hit theRead More