Health & Medical in Pennsylvania

42 Pa. C.S. § 5524(2) provides two years from the injury or discovery of the malpractice. A certificate of merit must be filed within 60 days of the complaint under Pa. R. Civ. P. 1042.3. Pennsylvania has no absolute repose period for most malpractice claims.

Pennsylvania Rule of Civil Procedure 1042.3 requires a certificate of merit to be filed within 60 days of the medical malpractice complaint. The certificate states that a licensed professional in the same specialty has reviewed the case and believes there is a reasonable probability of deviation from the standard of care. Failure to file may result in a judgment of non pros (dismissal).

Pennsylvania does not have a statutory cap on non-economic damages in medical malpractice cases. Juries determine the appropriate amount of compensation for pain, suffering, emotional distress, and loss of life's pleasures. Economic damages are also uncapped.

Complaints against physicians may be filed with the Pennsylvania State Board of Medicine through the Department of State at dos.pa.gov. The Board investigates and may impose conditions, suspend, or revoke a physician's license. Board proceedings are separate from any civil malpractice claim.