Q: I was injured in Pennsylvania – Do I need a Pennsylvania medical malpractice lawyer to handle my case, or can an out-of-state attorney represent me?
The Importance of Local Counsel in Pennsylvania Medical Malpractice Claims
When you or a loved one suffers harm due to medical negligence, the thought of navigating the legal system can be overwhelming. You might wonder if you need a local attorney or if an out-of-state lawyer can represent you. While there might be some flexibility in certain legal areas, medical malpractice cases in Pennsylvania almost invariably require the expertise of an attorney licensed to practice in the Commonwealth.
Why a Pennsylvania-Licensed Attorney is Essential
Jurisdiction and Bar Admission:
- To represent a client in Pennsylvania state courts, an attorney must be licensed by the Pennsylvania Bar. An out-of-state attorney cannot simply walk into a Pennsylvania courtroom and practice law without specific authorization.
- While some states allow for “pro hac vice” admission (permission for an out-of-state attorney to appear for a particular case), this nearly always requires association with a local Pennsylvania attorney who is fully responsible for the case. This means you would still need a Pennsylvania lawyer involved.
In-Depth Knowledge of Pennsylvania Medical Malpractice Law:
Medical malpractice laws vary significantly from state to state. Pennsylvania has unique statutes and procedural rules that are critical to these cases, such as:
- The Certificate of Merit: As discussed, this crucial pre-filing requirement is unique to Pennsylvania and demands a specific process involving a local expert.
- Statute of Limitations: While often two years, the nuances of the “discovery rule” and exceptions can be state-specific.
- Venue Rules: Pennsylvania venue rules were recently revised as of January of 2023. Depending on the circumstances, there may be several options for the county where the lawsuit is filed.
- Expert Witness Requirements: Rules regarding the qualifications and scope of testimony for medical experts are highly dependent on Pennsylvania statutes and case law.
- Damages Caps/Rules: While Pennsylvania generally has no cap on compensatory damages, understanding how damages are proven, calculated and awarded is vital.
Local Court Procedures and Practice:
- Each county court in Pennsylvania may have its own local rules and unwritten customs. An attorney regularly practicing in Pennsylvania courts will be familiar with these nuances, local judges, and court staff, which can be invaluable to the efficiency and success of your case.
- They understand the “lay of the land” in the specific judicial district where your case will be heard.
Proximity and Accessibility:
Handling a complex medical malpractice case involves meetings, depositions, court appearances, and interactions with clients. Having a local attorney means they are readily accessible, which can be crucial during a stressful and lengthy legal process.
Can an Out-of-State Attorney Refer My Case or Partner with a PA Firm?
Yes, it is common for out-of-state attorneys who encounter a potential medical malpractice case in Pennsylvania to refer the client to, or co-counsel with, a qualified Pennsylvania medical malpractice law firm. This ensures that the client receives competent legal representation from attorneys who are licensed and experienced in Pennsylvania’s specific laws and procedures.
The clear answer is: You absolutely need a Pennsylvania medical malpractice lawyer, or a firm with strong Pennsylvania connections, to handle your case effectively.
If you or a loved one has suffered major harm due to medical negligence in Pennsylvania, seeking immediate counsel from a law firm dedicated to Pennsylvania medical malpractice law is your best course of action. They possess the specific knowledge, experience, and local resources necessary to navigate these complex claims and fight for the justice and compensation you deserve.
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.