How to File a Medical Malpractice Claim in Pennsylvania
March 4, 2026 | Medical Malpractice
When you seek health care, you expect treatment that meets accepted medical standards. Unfortunately, medical errors still occur and are one of the leading causes of injury and death in the United States.
If you or a loved one suffered serious harm because of a healthcare provider’s mistake, you may have the right to file a medical malpractice claim. However, these claims have specialized rules and procedures for filing. The sections below discuss these in more depth.
What Is Medical Malpractice?
Medical malpractice occurs when a medical provider fails to provide proper care and causes injury to a patient. Not every poor outcome qualifies as malpractice.
To succeed in a medical malpractice case, you must generally prove four elements:
- There was a duty of care between you and the healthcare provider.
- The provider breached the applicable standard of care.
- The breach caused your injury.
- You suffered measurable damages as a result.
The “standard of care” refers to what a reasonably competent healthcare provider would have done under similar circumstances. Common examples of potential malpractice include surgical errors, misdiagnosis/delayed diagnosis, medication mistakes, and birth injuries, among others.
Filing Requirements for Medical Malpractice Lawsuits
Pennsylvania imposes specific requirements on plaintiffs who file medical malpractice lawsuits. One of the most important is the Certificate of Merit.
Certificate of Merit
Under Pennsylvania rules of procedure, a plaintiff must file a Certificate of Merit within 60 days of filing the complaint. This certificate states that an appropriately licensed medical professional has reviewed the injuries and believes there is a reasonable probability that the plaintiff’s injuries were caused by substandard medical care.
Without this certificate, the court may dismiss the case. The Certificate of Merit requirement is designed to prevent frivolous claims and ensure that lawsuits are supported by qualified medical opinion.
Expert Testimony
In addition to the Certificate of Merit, expert testimony is typically required throughout the case. Medical malpractice claims depend on whether the provider deviated from the standard of care. Medical experts are needed to explain the relevant professional standards and to provide an opinion on whether the defendant breached them.
Detailed Pleadings and Evidence
Medical malpractice complaints must clearly outline the alleged negligence and the resulting harm to the plaintiff. Deficiencies in the complaint could lead to the claim being dismissed.
How Long Do I Have To File a Medical Malpractice Lawsuit in PA?
Pennsylvania law generally gives you two years from the date of the injury to file a medical malpractice lawsuit. This time limit is known as the statute of limitations.
In some cases, the “discovery rule” may apply, meaning the statute of limitations begins when the patient knew or reasonably should have discovered their medical malpractice injury.
There are limited exceptions to these deadlines. You should consult an experienced attorney to help you identify and comply with the time limits in your case.
Contact an Experienced Lancaster Medical Malpractice Lawyer at Marzzacco Niven & Associates for Help Filing a Claim
Filing a medical malpractice claim in Pennsylvania is not a simple process. Generally, it is advisable to consult an experienced medical malpractice lawyer for help pursuing legal action. Your lawyer will help you comply with the Certificate of Merit requirement, strict deadlines, and other procedural rules.
An experienced attorney can also review your medical records, consult with qualified experts, and determine whether you have a viable claim. Contact Marzzacco Niven & Associates to learn more about your legal options and how to file a medical malpractice claim. Our Lancaster medical malpractice lawyers offer free consultations to help you understand your rights.
Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640
Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998
Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325
Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378
Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732
Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810
Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954
Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963