Medical malpractice in Pennsylvania occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care, and that failure causes injury, harm, or death to a patient.
✅ What Is the “Standard of Care”?
The standard of care refers to the level of skill, expertise, and attention that a reasonably competent healthcare provider in the same field would provide under similar circumstances. It’s a legal benchmark that accounts for a provider’s training, experience, and the conditions at the time of care.
Medical malpractice is not simply a bad outcome or an honest mistake. To be legally actionable, the care must have fallen below this accepted standard, and directly caused injury that resulted in damages such as pain, disability, additional treatment, or loss of income.
⚖️ What Must Be Proven in a Pennsylvania Medical Malpractice Case?
To bring a valid medical malpractice claim in Pennsylvania, a patient (the plaintiff) must prove:
- There was a provider-patient relationship.
- The provider deviated from the accepted standard of care.
- That deviation directly caused the injury or worsened condition.
- The injury resulted in actual damages, such as medical costs, lost wages, or pain and suffering.
Importantly, Pennsylvania law requires a Certificate of Merit — a signed statement from a licensed physician in the same or similar specialty affirming in writing that the care was likely negligent and caused harm.
🏥 Common Examples of Medical Malpractice
Our law firm has handled a wide range of malpractice cases involving:
- Surgical errors (e.g., wrong site surgery, retained surgical objects)
- Misdiagnosis or delayed diagnosis (e.g., missed cancer, stroke, or infection)
- Emergency room mistakes
- Birth injuries and OB/GYN negligence
- Medication or anesthesia errors
- Lack of informed consent
- Hospital system failures (e.g., failure to follow up on abnormal test results)
Malpractice can be committed by a wide range of professionals: surgeons, specialists, radiologists, anesthesiologists, nurses, hospital administrators, and more.
💡 Is There a Statute of Limitations?
Yes. In most cases, medical malpractice claims must be filed within 2 years from the date of the harm or the date the patient knew or should have known of the harm. For minors, the clock doesn’t begin until they turn 18. (See: Statute of Limitations for PA Malpractice Cases)
💵 What Damages Can Be Recovered?
Victims of medical malpractice in Pennsylvania may be entitled to compensation for:
- Past and future medical expenses
- Pain and suffering
- Lost wages or earning capacity
- Scarring, disfigurement, or disability
- Loss of enjoyment of life
- Embarrassment or humiliation
- In wrongful death cases, survivor and estate damages
There are no caps on damages in Pennsylvania for medical malpractice (except for punitive damages, which are limited to 200% of compensatory damages in most cases).
📞 Contact Flaherty Fardo Rogel & Amick
Medical malpractice cases are complex and time-sensitive. At Flaherty Fardo, we have over 25 years of experience handling malpractice claims across Pennsylvania — from misdiagnosed cancers to surgical and hospital system errors.
We offer free consultations and contingency fee representation — meaning we don’t get paid unless we win your case.
To speak directly with Attorney Noah Fardo or another experienced member of our team, contact us today:
We are passionate about holding healthcare providers accountable — and helping patients and families recover the compensation they deserve.