Are There Any Special Requirements Before Filing a Medical Malpractice Case in Pennsylvania?
Navigating Pennsylvania’s Pre-Filing Hurdles for Medical Malpractice Lawsuits
Filing a medical malpractice lawsuit in Pennsylvania is not as straightforward as filing a typical personal injury claim. The state has specific legal requirements designed to ensure that medical malpractice claims have a legitimate basis before they proceed through the costly and lengthy litigation process. Understanding these special prerequisites is essential for anyone considering legal action.
The most significant special requirement in Pennsylvania for medical malpractice cases is the Certificate of Merit.
The Pennsylvania Certificate of Merit
Under Pennsylvania Rule of Civil Procedure 1042.3, a plaintiff’s attorney (or the plaintiff if unrepresented) must file a Certificate of Merit with the complaint or within 60 days after the complaint is filed. Failure to do so can result in the case being dismissed, potentially preventing you from pursuing your claim.
What does a Certificate of Merit entail? It is written statement that the attorney who initiated the lawsuit must sign and file with the court where the lawsuit is filed. In their statement, the attorney must affirm they have received a signed, written statement from an “appropriate licensed professional” (a qualified medical expert) affirming the following:
- Reasonable Probability of Medical Negligence: The expert has reviewed the facts of your case and believes there is a reasonable probability that the care, skill, or knowledge exercised or exhibited by the defendant healthcare provider(s) fell outside acceptable professional standards, and that this deviation caused your injury.
- Direct and/or Vicarious Liability: Identifying the negligent actors. The claim is based on the actions of the individual medical providers and/or the claim is based solely on allegations that other licensed professionals, for whom the defendant is legally responsible, deviated from acceptable professional standards. (This is often relevant in cases against hospitals, where the hospital is liable for the actions of its employees).
Key Aspects of the Certificate of Merit:
- Expert Review: This requirement mandates that your case is reviewed by a qualified medical professional before it can proceed significantly in the legal system. This expert must generally be in the same or a similar medical specialty as the defendant(s).
- Screening Out Frivolous Claims: The purpose of the Certificate of Merit is to weed out unsubstantiated claims and encourage attorneys to thoroughly investigate cases before committing to litigation.
- Consequences of Failure: If the Certificate of Merit is not filed correctly and on time, the defendant can file a motion for “non pros” (a judgment of dismissal for failure to prosecute), which can lead to your case being thrown out.
Other Important Considerations (Not “Special Requirements” but Crucial):
While the Certificate of Merit is the standout special requirement, other crucial factors must be addressed early in a Pennsylvania medical malpractice case:
- Statute of Limitations: Pennsylvania generally imposes a two-year statute of limitations for medical malpractice claims. This means you typically have two years from the date of the injury, or the date you discovered (or reasonably should have discovered) the injury and its connection to medical negligence, to file your lawsuit. There are some exceptions, such as for minors or cases involving fraudulent concealment, but strict adherence to this deadline is vital. Missing it can permanently bar your claim.
- Expert Witness Testimony: Beyond the Certificate of Merit, you will almost certainly need qualified medical experts to provide written reports with opinions explaining the standard of care, the breach of that standard, the causal link between the negligence and your injuries, and damages such as future medical needs or economic losses due to loss of the ability to work.
- Venue Rules: In Pennsylvania, a medical malpractice lawsuit is often filed in the county where the cause of action arose (i.e., where the alleged malpractice occurred). However, recent changes to Pennsylvania’s venue law expanded the possibilities for proper venue, permitting venue in a county where the defendant may be served. Still, the court retains the power to transfer venue to a different county for the convenience of the parties or witnesses.
Navigating these complex requirements requires deep legal knowledge and medical understanding. For this reason, it is highly advisable to consult with an attorney who focuses their practice on Pennsylvania medical malpractice law as early as possible after you suspect negligence. They can ensure all special requirements are met, safeguarding your right to seek justice.
The attorneys of Lupetin & Unatin are experienced and compassionate medical malpractice attorneys based in Pittsburgh, PA and serving all of Western Pennsylvania. We invite you to contact us to schedule a free medical malpractice case evaluation.