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Statute of Limitations

Actions must commence within two years of the act or omission giving rise to the injury.

Comparative or contributory negligence

modified comparative negligence, a claimant's action is barred if his fault exceeds the combined fault of all others who contributed to the injury

Nature of accused's liability

Pennsylvania has abolished joint and several liability, except in cases involving intentional tort and instances when defendant is 60% or more at fault for the plaintiff's injury.

Law of contribution

The right of contribution exists among joint defendants

Expert testimony standards

Pennsylvania does not impose special requirements for expert testimony

Limits on compensation

none

Limits on attorney fees

none

Collateral Source rule enforced

In medical malpractice cases in Pennsylvania, the claimant is prohibited from suing for damages paid by a health insurer

State and local health care providers immune from liabaility

Pennsylvania has waived immunity for itself and its employees in medical malpractice cases, subject to certain limits.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability