Medical malpractice in Pennsylvania
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A Pennsylvania fact pattern
A missed spinal epidural abscess in Harrisburg. Certificate of merit required. MCARE repose (often seven years) sits behind the two-year statute.
Statute of limitations
2 years
40 P.S. § 1303.513 / 42 Pa. C.S. § 5524
From injury; seven-year repose in many MCARE cases.
Repose: 7 years.
- Foreign object and fraud exceptions to repose.