Pennsylvania Medical Malpractice Attorneys

At DearLegal, we connect you with experienced Pennsylvania medical malpractice attorneys who know the MCARE Act (40 P.S. § 1303), the Pa.R.C.P. 1042.3 Certificate of Merit, the 7-year statute of repose, and how to litigate against University of Pennsylvania Health System, UPMC, Jefferson Health, Penn State Health, and Geisinger defense teams. Whether your injury happened in Philadelphia, Pittsburgh, Harrisburg, or Allentown, we’ll match you with the right attorney — at no cost to get started.

A provider breaches the standard of care of a reasonable provider in the same specialty, and the breach causes injury (40 P.S. § 1303.103). Expert testimony is required.

Pennsylvania does not cap compensatory damages — economic and non-economic damages are uncapped. Punitive damages are capped at 200% of compensatory (40 P.S. § 1303.505). This makes Pennsylvania one of the more plaintiff-friendly damages jurisdictions.

Physicians, nurses, dentists, hospitals (University of Pennsylvania Health System, UPMC, Jefferson Health, Penn State Health, Geisinger, Temple Health, St. Luke’s, WellSpan, Lehigh Valley Health Network), surgery centers, and LTC. State-affiliated providers may invoke sovereign immunity (Sovereign Immunity Act, 42 Pa.C.S. § 8501 et seq.).

The 2-year SOL runs from discovery (42 Pa.C.S. § 5524). The 7-year statute of repose under § 5524.2 is one of the longer repose periods in the country, with foreign-object and minor exceptions.

Under Pa.R.C.P. 1042.3, the plaintiff must file a Certificate of Merit within 60 days of the complaint, certifying that either (1) an appropriate licensed professional has supplied a written statement that there is a reasonable probability the care fell outside acceptable professional standards, or (2) expert testimony is unnecessary. Failure can lead to judgment of non pros.

The Medical Care Availability and Reduction of Error Fund (40 P.S. § 1303.701) provides excess coverage above provider primary insurance. Most providers carry $500,000 in primary insurance; MCARE pays excess up to $500,000 per occurrence (and $1.5M aggregate). MCARE participates as a party in many cases.

Certificate-of-Merit experts, standard-of-care experts, causation experts, life-care planners, and economists in Pennsylvania med-mal defense ecosystems typically push case-cost advances to $100,000–$400,000 in serious cases.

Why Do You Need a Medical Malpractice Attorney in Pennsylvania?

Pennsylvania medical malpractice is governed by the Medical Care Availability and Reduction of Error Act (MCARE Act, 40 P.S. § 1303). The MCARE Fund provides excess insurance coverage above primary providers. There is no statutory cap on compensatory damages. Punitive damages are capped at 200% of compensatory damages under 40 P.S. § 1303.505. Pa.R.C.P. 1042.3 requires a Certificate of Merit within 60 days of the complaint, certified by an appropriate licensed professional. The 2-year SOL (42 Pa.C.S. § 5524) runs from discovery, with a 7-year statute of repose under § 5524.2 (one of the longer repose periods in the country). The University of Pennsylvania Health System, UPMC, Jefferson Health, Penn State, and Geisinger anchor the state’s major medical defense.

When Do You Need a Medical Malpractice Attorney in Pennsylvania?

Our network includes Pennsylvania medical malpractice attorneys who handle every kind of case, including:

Types of Medical Malpractice Cases in Pennsylvania

From the moment you connect with a Pennsylvania medical malpractice attorney, they go to work protecting your claim. The most common case types we handle:

Missing the Pa.R.C.P. 1042.3 Certificate of Merit deadline (60 days) — judgment of non pros may follow

Missing the 7-year statute of repose under 42 Pa.C.S. § 5524.2 (foreign-object aside)

Suing state-affiliated providers without addressing sovereign-immunity considerations

Filing in the wrong county venue — Pennsylvania med-mal cases must be filed where the cause of action arose (Pa.R.C.P. 1006(a.1))

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Talking to hospital risk-management or quality-assurance staff without counsel

Missing the Pa.R.C.P. 1042.3 Certificate of Merit deadline (60 days) — judgment of non pros may follow

Missing the 7-year statute of repose under 42 Pa.C.S. § 5524.2 (foreign-object aside)

Suing state-affiliated providers without addressing sovereign-immunity considerations

Filing in the wrong county venue — Pennsylvania med-mal cases must be filed where the cause of action arose (Pa.R.C.P. 1006(a.1))

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Talking to hospital risk-management or quality-assurance staff without counsel

Common Pennsylvania Medical Malpractice Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Pennsylvania Medical Malpractice Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Pennsylvania does not statutorily cap medical malpractice contingency fees in most cases (court approval applies for minor settlements). Typical fees range from 33% pre-suit to 40% at trial. Certificate of Merit, expert fees, and depositions push case-cost advances to $100,000–$400,000 in serious cases.

What Can Your Pennsylvania Medical Malpractice Compensation Include?

Economic Damages (No Cap)

Medical bills, future care, lost wages, lost earning capacity, life-care plans, and rehabilitation. No statutory cap.

Non-Economic Damages (No Cap)

Pain, suffering, mental anguish, loss of enjoyment, disfigurement. No statutory cap in Pennsylvania.

Punitive Damages (Capped at 200%)

Available for willful or wanton conduct or reckless indifference under 40 P.S. § 1303.505. Cap: 200% of compensatory damages, with 25% of any punitive award going to the MCARE Fund.

Loss of Consortium

Spouse may recover for loss of companionship, services, and intimacy. No statutory cap.

Wrongful Death (Periodic-Payment Future Damages)

42 Pa.C.S. § 8301 wrongful death and 42 Pa.C.S. § 8302 survival actions. Future damages over $100,000 in med-mal cases must be paid as periodic payments under 40 P.S. § 1303.509.

MCARE Fund Recovery

MCARE Fund (40 P.S. § 1303.701) provides excess coverage above provider primary insurance ($500,000 per occurrence). MCARE participates as a party and approves settlements within its layer.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Pennsylvania Medical Malpractice Attorneys

Why Do You Need a Medical Malpractice Attorney in Pennsylvania?

When Do You Need a Medical Malpractice Attorney in Pennsylvania?

Types of Medical Malpractice Cases in Pennsylvania

Common Pennsylvania Medical Malpractice Mistakes

How Much Do Pennsylvania Medical Malpractice Attorneys Cost?

What Can Your Pennsylvania Medical Malpractice Compensation Include?

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