How to File a Medical Malpractice Claim in Pennsylvania: Step-by-Step Guide

If you believe you were harmed by medical care in Pennsylvania, taking action soon can make a big difference. Filing a medical malpractice claim isn’t automatic. It requires gathering evidence, following certain rules, and understanding your rights. This blog breaks down the major stages so you know what to expect and how to proceed.

Recognizing a Valid Claim

Before submitting a claim, you’ll want to make sure you have the basis for one. Not every poor medical outcome qualifies as malpractice. To move forward with a claim, there must be a provider-patient relationship, a clear breach of the standard of care, harm caused by that breach, and measurable damages.

Additionally, Pennsylvania mandates a Certificate of Merit. a document from a medical professional stating there’s a reasonable likelihood that malpractice occurred.

What are the Steps to File a Medical Malpractice Claim?

1. Gather Evidence and Build Your Case

Documentation is an important part of any claim. This stage involves more than collecting medical bills. It’s about building a timeline of what happened.

What to collect:

• Full medical records, including lab results, imaging, surgery reports, and nursing notes.
• Consent forms and treatment plans.
• Proof of harm, such as new treatments, extended hospital stays, rehabilitation, and lost work time.
• Get a professional review from a qualified medical professional to evaluate whether the care fell below acceptable standards.
• Photographs, witness statements, diary of symptoms or issues after treatment.

If you wait too long to gather evidence, crucial facts may vanish or become unclear, which can hurt your case.

2. Early Legal Steps

Once you have a strong indication you may have a claim, the next steps begin the formal process.

• Consult a medical malpractice attorney: A lawyer familiar with Pennsylvania law can explain deadlines, help gather the Certificate of Merit, and guide the process, as well as help you gather evidence.
• Notice of intent (if required): Some states require the provider to be notified before filing. In Pennsylvania, there may be pre-filing procedures depending on the case.
• Statute of limitations: In most cases, you have two years from when the injury was or should have been discovered to file the lawsuit. Waiting too long can close the door on your case, even if the evidence is strong.
  • Exceptions apply: minors may have until age 20; injuries hidden or fraudulent concealment may extend the time.

Missing the deadline can result in automatic dismissal of the claim.

3. Filing the Claim

With your records, professional review, attorney, and strategy in place, you move into actual filing.

• The attorney files a Complaint or Petition against the healthcare provider and responsible parties.
• The Certificate of Merit must accompany or follow within 60 days of the complaint in Pennsylvania.
• Within this process, you’ll outline the provider’s identity, the care they provided, the breach of standard, your injuries, and what compensation you are seeking.
• Once filed, the case enters pre-trial phases such as discovery, depositions, evidence exchange, and possible mediation.

4. Negotiation, Settlement, or Trial

Filing the claim opens a range of outcomes; many cases do not go to full trial.

• Negotiation and settlement: Insurance companies and providers often prefer to settle rather than go to court.
• Trial preparation: If settlement fails, the case moves toward trial. Preparation for witness testimony, professional analysis, exhibits, and cross-examination.
• Verdict or award: If you succeed, compensation may include medical costs, lost income, pain and suffering, and future care needs.

Even after a verdict, appeals are possible, so patience and a strong legal team matter.

What Should You Do First After a Suspected Malpractice?

If you’re worried something went wrong with your medical care, start with a few simple tips:

• Request your full medical records as soon as possible.
• Keep notes on new symptoms, delayed healing, or any treatment that seems unexpected.
• Save bills, discharge papers, and test results in one place.
• Avoid signing anything offered by a hospital or insurance company until you get legal guidance.
• Contact a medical malpractice lawyer to review what happened and explain your options.

These early steps help you protect your rights while you figure out what actually occurred.

Ready to Review Your Options?

If you’re unsure about your next step, having someone look at your situation can bring clarity. A review of your records and timeline can help determine whether malpractice may have played a role in your injury. At Lowenthal & Abrams, P.C., we can walk through your concerns, answer your questions, and help you understand where you stand. If you want guidance, reach out and set up a time to talk with our team. No pressure, no commitments, just straightforward information to help you move forward. Contact us today!