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Pennsylvania

Medical malpractice in Pennsylvania

Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.

Elements

  1. 1

    Provider-patient relationship

    The defendant undertook to treat the patient.

  2. 2

    Standard of care

    What a reasonably careful similar provider would have done under similar circumstances.

  3. 3

    Breach

    The care fell below that standard.

  4. 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.

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