While we believe that the following information regarding the medical malpractice laws in the various states of the United States was accurate when written, laws in various states do change over time and you should not rely on the information below but rather seek the advice of a knowledgeable and competent medical malpractice lawyer in your state regarding the current and relevant medical malpractice laws in your state. The information below is for informational purposes only and is not intended as legal advice and should not be relied upon as legal advice.

There is no limit on damages. The statute of limitations is two years from injury or discovery but in no event beyond seven years from the date of the alleged tort. There is no statute of limitations for foreign objects. For minors, the statute of limitations is seven years from the date of the alleged tort or after the minor turns 20, whichever is later. There is several liability only unless claim involves intentional misrepresentation, an intentional tort, or the defendant’s fault is 60% or greater. There is no limitation on attorney fees. If damages for future medical expenses are more than $100,000, the net damages are paid in periodic payments. There is the Medical Care Availability and Reduction of Error Fund for participating health care providers. A certificate of merit is required to be filed by the claimant stating that a qualified expert has provided a written statement that the defendant provided care that fell outside acceptable standards of care which was the cause of the claimant’s injury or other relevant statement(s).

In its opinion dated October 31, 2019, the Supreme Court of Pennsylvania Western District (“Pennsylvania Supreme Court”) stated: “In this appeal by allowance, we consider whether the seven-year statute of repose in Section 1303.513(a) of the Medical Care Availability and Reduction of Error Act (MCARE Act) comports with Article I, Section 11 of the Pennsylvania Constitution, which guarantees “[a]ll courts shall be open; and every man for an injury done him in his lands, goods, person or reputation shall have remedy by due course of law[.]” PA. CONST. art. I, § 11. Because we conclude the seven-year statute of repose is not substantially related to an important government interest, we reverse the Superior Court’s order affirming the trial court’s grant of judgment on the pleadings and remand for further proceedings.”