Medical malpractice cases in Pennsylvania have specific procedural requirements that set them apart from other personal injury claims.
Certificate of Merit: Within 60 days of filing a medical malpractice complaint, you must file a Certificate of Merit (COM) signed by an appropriate licensed professional stating there is a reasonable basis for the claim. Failure to file a COM can result in dismissal.
Statute of limitations: You have 2 years from the date of the injury (or when you knew or should have known of the injury) to file. The maximum limitation under the statute of repose is 7 years.
Damages: Pennsylvania does not cap compensatory damages in medical malpractice cases. However, punitive damages are limited to 2 times the amount of compensatory damages.
Informed consent: Under the MCARE Act, physicians must disclose the nature of the procedure, risks, alternatives, and the option to refuse treatment. Failure to do so may give rise to a separate claim.
Medical malpractice cases are highly complex and typically require expert medical testimony. Consulting an experienced malpractice attorney is strongly recommended.