Under Pennsylvania medical malpractice law, a hospital is vicariously liable for any negligence committed by its personnel including physicians. A patient injured by medical malpractice must file a complaint within a statutory limitation period. Additionally, the plaintiff's award may be reduced if he or she contributed to the negligence from which the injury arose. Many of Pennsylvania's malpractice laws were modified by changes effectively implemented on March 20, 2002.
Statute of Limitation in Pennsylvania
An action to recover damages for injuries to a person or the death of an individual caused by the wrongful act or negligence of another must be commenced within two years. Pennsylvania's discovery rule states the statute of limitation does not begin to run until the injured party discovers or should have reasonably discovered the injury. This discovery rule does not apply in cases of wrongful death. Additionally, the statute does not begin to run against a minor until he or she has acquired their eighteenth birthday.
Statute of Repose
Medical malpractice cases arising on or after March 20, 2002 are subject to Pennsylvania's statute of repose which provides that a claim must be filed within seven years of discovery running from the date of the act. This rule runs two years for wrongful death cases. This rule does not extend to cases of foreign objects unintentionally left in patients nor does it require minor plaintiffs to commence an action before acquiring the age of twenty.
Comparative Negligence
Pennsylvania courts apply a modified comparative negligence rule that bars a plaintiff's recover if his or her contributory negligence is greater than the defendant's negligence that caused the injury that is the basis of the claim. If the plaintiff's negligence is not greater than the defendant's, then he or she will recovered a reduced award proportional to the plaintiff's negligence.
Damage Caps - Collateral Source Rule
Although Pennsylvania does not stipulate caps for compensatory damages, it does provide state-sponsored excess insurance. Punitive damages awarded on or after March 20, 2002 are required to pay 25 percent into the MCARE fund; this sum is taken from payment that would go to the prevailing party, which includes the plaintiff. Absent any intentional misconduct on the part of the defendant, punitive damages cannot exceed 200 percent of the compensatory damages.
Additionally, under Pennsylvania's collateral source rule, a plaintiff cannot recover for past medical expenses or lost wages covered by any public funds prior to trial.
Find an Attorney
If you suffer injuries due to the medical malpractice of a physician or hospital in Pennsylvania, you may be able to recover for economic and non-economic damages. You must file a complaint within the statutory limitations period. Additionally, any comparative or contributory negligence may bar or reduce your award. Talk with an experienced attorney in Pennsylvania to determine any compensation that is due you.
