How to File a Medical Malpractice Complaint in Pennsylvania

Medical malpractice occurs when a healthcare provider’s negligence leads to patient harm. Understanding how to file a medical malpractice complaint in Pennsylvania is crucial if you or a loved one has suffered from improper medical care.

This guide will walk you through the process, including defining malpractice, gathering evidence, filing a complaint with the Pennsylvania Medical Board, and taking legal action.

 

What Qualifies as Medical Malpractice in Pennsylvania?

Not every negative medical experience qualifies as malpractice. To have a valid malpractice case, the following conditions must be met:

The Doctor-Patient Relationship Must Exist

A medical malpractice claim can only be filed if there was an established doctor-patient relationship. This means the doctor or healthcare provider was officially responsible for the patient’s care.

The Healthcare Provider Must Have Acted Negligently

Negligence occurs when a healthcare professional fails to follow the accepted medical standard of care. Examples include:

1. Misdiagnosis or Delayed Diagnosis – A doctor incorrectly diagnoses a condition or fails to diagnose it in time.
2. Surgical Errors – Performing the wrong procedure or leaving surgical instruments inside a patient.
3. Medication Mistakes – Prescribing the wrong drug or incorrect dosage.
4. Birth Injuries – Causing harm to the baby or mother due to improper medical care during delivery.
5. Anesthesia Errors – Administering too much or too little anesthesia, leading to serious complications.

The Negligence Must Have Caused Harm

Even if a doctor made a mistake, it must have directly caused harm to the patient. For example, a delayed cancer diagnosis that resulted in a worsened condition would be considered malpractice.

The Injury Must Have Led to Damages

To file a lawsuit, the patient must have suffered damages such as additional medical expenses, lost wages, pain and suffering, or long-term disability.

 

Step-by-Step Guide to Filing a Medical Malpractice Complaint in Pennsylvania

Step 1: Determine If You Have a Valid Case

Before filing a malpractice claim, consider whether you meet the four conditions above. If so, you may have a valid legal claim and can move forward with the process.

Step 2: Gather Medical Records and Evidence

Evidence is essential in proving a malpractice claim. Key pieces of evidence include:

1. Medical Records – Obtain copies of your diagnosis, treatments, test results, and doctor’s notes.
2. Prescription History – Document medications prescribed and any errors related to dosage or drug type.
3. Witness Statements – Collect testimonies from family members, nurses, or other healthcare workers.
4. Photos or Videos – If the injury is visible, take photographs for documentation.
5. Financial Records – Keep track of lost wages, additional medical bills, and other financial burdens.

Step 3: Consult a Pennsylvania Medical Malpractice Attorney

Although you can file a complaint independently, working with an experienced Pennsylvania medical malpractice attorney increases your chances of success. A lawyer can:

1. Evaluate whether you have a strong case.
2. Help obtain expert medical opinions to support your claim.
3. Negotiate settlements with insurance companies.
4. Represent you in court if necessary.

Most malpractice lawyers work on a contingency fee basis, meaning you do not pay upfront. Instead, they receive a percentage of your compensation if you win the case.

Step 4: File a Complaint with the Pennsylvania Medical Board

In Pennsylvania, you can report a doctor, hospital, or healthcare provider by filing a complaint with the Pennsylvania Department of State Medical Board. This is different from a lawsuit but can result in disciplinary actions against the doctor.

How to File a Medical Board Complaint

1. Visit the Pennsylvania Department of State website and access the complaint form.
2. Provide details about the healthcare provider, including their name, location, and license number.
3. Describe the medical malpractice incident, including dates and the harm caused.
4. Attach supporting documents, such as medical records and witness statements.
5. Submit the complaint online or by mail.

The medical board will review your complaint and determine if further investigation is needed. However, filing a complaint does not provide financial compensation. To seek damages, you must file a lawsuit.

Step 5: File a Medical Malpractice Lawsuit in Pennsylvania

If the injury resulted in significant harm, pursuing a lawsuit is the next step. The process includes:

1. Filing a Certificate of Merit – Pennsylvania law requires a document signed by a medical expert stating that malpractice occurred.
2. Negotiating a Settlement – Most malpractice cases settle outside of court.
3. Going to Trial – If no settlement is reached, the case may proceed to court.

A malpractice lawsuit can take months or even years to resolve. However, having a lawyer increases the likelihood of receiving fair compensation.

 

Pennsylvania Medical Malpractice Statute of Limitations

How Long Do You Have to File a Malpractice Lawsuit?

Pennsylvania law allows two years from the date of injury or discovery to file a malpractice lawsuit. If you fail to file within this period, you may lose your right to compensation.

Exceptions to the Deadline

• Minors – If the victim was a child, they have until their 20th birthday to file a lawsuit.
• Fraudulent Concealment – If a healthcare provider hid the malpractice, the time limit may be extended.

Since missing the deadline can result in a case dismissal, it is essential to act quickly.

 

Proving Medical Negligence in Pennsylvania

Winning a malpractice case requires solid proof that the healthcare provider’s negligence directly caused harm. Essential evidence includes:

1. Expert Witness Testimony – A medical expert must confirm that malpractice occurred.
2. Medical Records – Documents showing where and how the mistake happened.
3. Causation Evidence – Proof linking the doctor’s actions to the patient’s injury.

Without these, the case may be dismissed.

 

Cost of Filing a Medical Malpractice Lawsuit

Malpractice lawsuits can be expensive, but many attorneys work on a contingency basis. Common costs include:

1. Attorney Fees – Usually a percentage of the final settlement.
2. Court Filing Fees – Typically between $200 and $400.
3. Expert Medical Witnesses – Can cost between $5,000 and $10,000.
4. Investigation Costs – Ranges from $1,000 to $5,000.

Since these expenses add up, hiring a lawyer who covers upfront costs can make the process more manageable.

 

Where to Report a Doctor or Hospital for Malpractice in Pennsylvania

If you believe a healthcare provider acted negligently, you can report them to the:

1. Pennsylvania State Board of Medicine – Handles complaints against doctors.
2. Pennsylvania Department of Health – Regulates hospitals and healthcare facilities.
3. Insurance Provider – If malpractice involved fraudulent billing or insurance claims.

Filing a report helps prevent future incidents of negligence.

 

Frequently Asked Questions (FAQs)

Can I sue a hospital for medical malpractice in Pennsylvania?

Yes, hospitals can be held liable for medical malpractice if their employees, such as doctors, nurses, or technicians, acted negligently. If the negligence was due to systemic issues within the hospital, such as improper training or lack of adequate staff, the hospital itself may also be responsible.

What happens if my malpractice claim is denied?

If your malpractice claim is denied, you may have the option to appeal the decision or pursue litigation. A denial does not necessarily mean your case is without merit. It may indicate a lack of sufficient evidence or procedural errors in your filing. Consulting with a medical malpractice attorney can help you determine the next steps, including gathering additional evidence or filing an appeal.

How long does a medical malpractice lawsuit take in Pennsylvania?

The length of a medical malpractice lawsuit varies depending on the complexity of the case. Some cases settle within a few months, while others may take one to three years or longer if they go to trial. The timeline depends on factors such as negotiations, expert testimony, pre-trial motions, and court availability. Many cases settle before reaching the trial phase.

Do all medical malpractice cases go to court?

No, most medical malpractice cases are resolved through settlements before reaching trial. Many healthcare providers and their insurers prefer to negotiate settlements to avoid lengthy and costly legal battles. However, if a fair settlement is not reached, the case may proceed to court, where a judge or jury will determine the outcome.

What kind of compensation can I receive from a malpractice lawsuit?

Compensation in a medical malpractice lawsuit can cover various damages, including medical expenses, lost wages, pain and suffering, emotional distress, and in some cases, punitive damages. The amount awarded depends on the severity of the injury, the long-term impact on the patient’s life, and the level of negligence involved.

 

Contact Matzus Law, LLC Today

Filing a medical malpractice complaint in Pennsylvania requires careful preparation and legal knowledge. Whether you choose to file a report with the state medical board or seek financial compensation through a lawsuit, knowing your rights is essential.

If you believe you have been a victim of medical malpractice, contact Matzus Law, LLC today to discuss your case and protect your rights.