Pennsylvania

Nursing Home Negligence or Abuse

Statute of Limitations 42 Pa. Cons. Stat. §5524
2 years from when the injury was discovered, or reasonably should have been discovered.

Medical Malpractice

Statute of Limitations 42 Pa. Cons. Stat. §§5524 and 5533
  • 2 years from when the injury was discovered, or reasonably should have been discovered.
  • For minors, statute of limitations does not begin to run until they reach 18 years.
Wrongful Death 

Statute of Limitations 42 Pa. Cons. Stat. §5524
2 years.

Damages Caps Pa. Stat. Ann. tit. 40 §1303.505(d)
  • No limit on compensatory damages.
  • Punitive damages are not awarded for wrongful death*, but may be awarded in a survival action. **
  • Punitive damages against a physician cannot exceed 200% of compensatory damages unless there is intentional misconduct.
Resource Links

Pennsylvania Department of Health
Pennsylvania Department of Aging




Disclaimer
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.



* Walsh v. Strenz, 63 F. Supp. 2d 548,558 (M.D. Pa. 1999); Harvey v. Hassinger, 461 A.2d 814, 815(Pa. Super. 1983); Johnson v. Avco Corp., No. 4:07CV1695, 2009 U.S. Dist. LEXIS 108600, at *21, 2009 WL 4042747, at *7 (E.D. Mo. Nov. 20, 2009)
** Walsh, 63 F. Supp. 2d at 550; Harvey, 461 A.2d at 816; Becchetti v. PennDOT, 51 Pa. D. & C.4th 300, 315 (Pa. Com. P1. Lackawanna 2001)