Do You Have a Medical Malpractice Case in Pennsylvania?

Jill Roman, Esq., and Dr. Alan Goldberg

Updated: July 29, 2025

If you or a loved one has suffered serious harm due to medical malpractice in Pennsylvania, you may be entitled to compensation under state law. But filing a malpractice claim is not as simple as proving something went wrong. Pennsylvania’s legal system places a high burden on plaintiffs, requiring clear evidence that a healthcare provider’s negligence directly caused harm. Knowing your rights, and the process that follows, can make all the difference.

Key Takeaways

  • The average medical malpractice settlement in PA varies widely based on the specifics of the case and the severity of harm.

  • Most malpractice claims resolve through settlement rather than trial. Reaching a fair result requires strong legal advocacy.

  • Pennsylvania imposes a strict two-year statute of limitations for medical malpractice claims, with some exceptions.

  • A certificate of merit is required, confirming that a medical expert supports the basis of your claim.

What Qualifies as Medical Malpractice in Pennsylvania?

Medical malpractice Pennsylvania law defines malpractice as a deviation from the accepted standard of care that results in patient harm. This can occur in any medical setting, from the emergency room to a routine outpatient visit. Common examples of malpractice include:

  • Surgical errors or operating on the wrong site
  • Misdiagnosis or delayed diagnosis of serious conditions
  • Failure to recognize or treat medical complications
  • Prescription drug or anesthesia mistakes
  • Birth injuries, including cerebral palsy due to delivery room negligence

To bring a valid claim, you must demonstrate three things: a provider-patient relationship, a breach of the standard of care, and a direct link between that breach and your injuries.

Pennsylvania’s Medical Malpractice Laws

Pennsylvania law places specific procedural and timing requirements on medical malpractice claims. Missing a deadline or failing to file required documentation can jeopardize your case. Here are the key rules to be aware of:

Statute of Limitations

In most cases, you must file a lawsuit within two years from the date you discovered, or should have discovered, the injury was caused by malpractice. This is known as the discovery rule. For children injured by malpractice, the law generally allows claims to be filed until the child turns 20.

Certificate of Merit

Pennsylvania requires a certificate of merit to accompany your complaint. This is a signed statement from a qualified medical expert confirming that there is a reasonable probability the care provided fell outside accepted standards and caused harm.

These rules are complex, and exceptions can apply in limited circumstances. An experienced medical malpractice attorney can help ensure that your claim complies with all applicable requirements.

Understanding Medical Malpractice Settlements in Pennsylvania

Clients often ask: What is the average medical malpractice settlement in PA?
The truth is, there is no single average, and no ethical lawyer will guarantee a result. The value of your case depends on several factors, including:

  • The nature and extent of the injury
  • Whether the injury is permanent or life-altering
  • The economic losses suffered (medical bills, lost income, future care)
  • The strength of medical evidence and expert testimony
  • Whether the case is likely to settle or proceed to trial

According to national data, many malpractice settlements fall in the six- or seven-figure range, especially in cases involving catastrophic harm. But every case is unique. What matters most is working with a legal team that will investigate thoroughly, advocate aggressively, and pursue the full compensation you deserve.

Why Legal Representation Matters

Medical malpractice litigation is notoriously complex. You are up against insurance companies with deep resources and defense teams that will try to minimize your claim. Hiring a skilled medical malpractice attorney can help you:

  • Investigate the facts and obtain crucial medical records
  • Consult with board-certified medical experts to support your case
  • Navigate Pennsylvania’s procedural rules, including the certificate of merit
  • Negotiate a fair settlement or take the case to trial if necessary

At Cohen, Placitella & Roth, we have a proven track record of holding negligent healthcare providers accountable. Our attorneys have recovered substantial settlements and verdicts for clients across Pennsylvania.

Take the Next Step

If you believe you or someone you love has been harmed by medical malpractice in Pennsylvania, do not wait to seek legal guidance. Time matters. Call the experienced medical malpractice attorneys at Cohen, Placitella & Roth today for a free consultation. We will help you understand your rights, evaluate your potential claim, and guide you every step of the way.

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