Since 1997 | Your Pittsburgh Law Firm
Your Pittsburgh Law Firm
Flaherty | Fardo | Rogel | Amick

What Is the Statute of Limitations for Medical Malpractice Cases in Pennsylvania?

In Pennsylvania, the statute of limitations for medical malpractice lawsuits is generally two (2) years from the date the alleged medical negligence occurred or from the date the patient knew or reasonably should have known of the negligence and resulting harm.

This time limit is governed by 42 Pa. C.S. § 5524, which applies to personal injury and professional negligence claims — including those against doctors, hospitals, nurses, and other healthcare providers.

🕒 General Rule: 2-Year Time Limit

If you were injured by a medical mistake, the clock usually starts ticking on the date the negligence occurred and caused harm. You must file your lawsuit within two years or your claim will likely be barred forever.

Example:
If a doctor leaves a surgical instrument inside a patient during surgery on January 1, 2023, and the patient immediately suffers complications, the statute of limitations would expire on January 1, 2025.

Discovery Rule: When the Mistake Isn’t Known Right Away

Pennsylvania law recognizes a “discovery rule”, which allows the statute of limitations to be tolled (paused) in certain situations — specifically when the patient did not and could not have reasonably discovered the injury or malpractice until a later date.

Example:
A patient has a CT scan in March 2021 that shows signs of cancer, but the radiologist fails to report the finding. The cancer is not diagnosed until June 2023. In this case, the two-year statute may begin in June 2023, not March 2021 — if the delay was not reasonably discoverable sooner.

This is highly fact-specific and often contested by healthcare defendants. That’s why early legal evaluation is so important.

👶 Special Rule for Minors

In Pennsylvania, if the medical malpractice involves a minor under age 18, the statute of limitations does not begin to run until the minor turns 18 — regardless of when the injury occurred.

That means the deadline to file a malpractice claim for a minor is typically their 20th birthday.

Example:
A child suffers a birth injury in 2020. The statute of limitations to file a lawsuit would generally expire on the child’s 20th birthday in 2040.

⚠️ Wrongful Death & Survival Actions

  • For wrongful death and survival actions based on medical negligence, the statute of limitations is 2 years from the date of death, not the date of treatment.
  • These are separate from the personal injury statute and have unique procedural requirements.

📌 Important Takeaways

  • Don’t assume the deadline is obvious. Many malpractice cases involve delayed diagnoses, latent injuries, or minors — all of which can alter the timeline.
  • If you miss the deadline, your case will likely be dismissed — even if your injuries are severe or obvious.
  • Consulting a lawyer immediately after discovering possible malpractice is the best way to protect your rights.

📞 Have Questions? Get a Free Consultation.

At Flaherty Fardo Rogel & Amick, we’ve helped victims of medical negligence throughout Pennsylvania understand their legal rights and preserve their claims. If you're concerned about whether your case is still within the statute of limitations, don’t wait.

There is no fee for a consultation, and no obligation unless we take your case. Let us help you understand your options — before it’s too late.

Flaherty | Fardo | Rogel | Amick

Related Questions

What Is Considered Medical Malpractice in Pennsylvania?

Medical malpractice in Pennsylvania occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care, and that failure causes injury, harm, or death to a patient.

✅ What Is the “Standard of Care”?

The standard of care refers to the level of skill, expertise, and attention that a reasonably competent healthcare provider in the same field would provide under similar circumstances. It’s a legal benchmark that accounts for a provider’s training, experience, and the conditions at the time of care.

Medical malpractice is not simply a bad outcome or an honest mistake. To be legally actionable, the care must have fallen below this accepted standard, and directly caused injury that resulted in damages such as pain, disability, additional treatment, or loss of income.

⚖️ What Must Be Proven in a Pennsylvania Medical Malpractice Case?

To bring a valid medical malpractice claim in Pennsylvania, a patient (the plaintiff) must prove:

  1. There was a provider-patient relationship.
  2. The provider deviated from the accepted standard of care.
  3. That deviation directly caused the injury or worsened condition.
  4. The injury resulted in actual damages, such as medical costs, lost wages, or pain and suffering.

Importantly, Pennsylvania law requires a Certificate of Merit — a signed statement from a licensed physician in the same or similar specialty affirming in writing that the care was likely negligent and caused harm.

🏥 Common Examples of Medical Malpractice

Our law firm has handled a wide range of malpractice cases involving:

  • Surgical errors (e.g., wrong site surgery, retained surgical objects)
  • Misdiagnosis or delayed diagnosis (e.g., missed cancer, stroke, or infection)
  • Emergency room mistakes
  • Birth injuries and OB/GYN negligence
  • Medication or anesthesia errors
  • Lack of informed consent
  • Hospital system failures (e.g., failure to follow up on abnormal test results)

Malpractice can be committed by a wide range of professionals: surgeons, specialists, radiologists, anesthesiologists, nurses, hospital administrators, and more.

💡 Is There a Statute of Limitations?

Yes. In most cases, medical malpractice claims must be filed within 2 years from the date of the harm or the date the patient knew or should have known of the harm. For minors, the clock doesn’t begin until they turn 18. (See: Statute of Limitations for PA Malpractice Cases)

💵 What Damages Can Be Recovered?

Victims of medical malpractice in Pennsylvania may be entitled to compensation for:

  • Past and future medical expenses
  • Pain and suffering
  • Lost wages or earning capacity
  • Scarring, disfigurement, or disability
  • Loss of enjoyment of life
  • Embarrassment or humiliation
  • In wrongful death cases, survivor and estate damages

There are no caps on damages in Pennsylvania for medical malpractice (except for punitive damages, which are limited to 200% of compensatory damages in most cases).

📞 Contact Flaherty Fardo Rogel & Amick

Medical malpractice cases are complex and time-sensitive. At Flaherty Fardo, we have over 25 years of experience handling malpractice claims across Pennsylvania — from misdiagnosed cancers to surgical and hospital system errors.

We offer free consultations and contingency fee representation — meaning we don’t get paid unless we win your case.

To speak directly with Attorney Noah Fardo or another experienced member of our team, contact us today:

We are passionate about holding healthcare providers accountable — and helping patients and families recover the compensation they deserve.

What Is the Statute of Limitations for Medical Malpractice Cases in Pennsylvania?

In Pennsylvania, the statute of limitations for medical malpractice lawsuits is generally two (2) years from the date the alleged medical negligence occurred or from the date the patient knew or reasonably should have known of the negligence and resulting harm.

This time limit is governed by 42 Pa. C.S. § 5524, which applies to personal injury and professional negligence claims — including those against doctors, hospitals, nurses, and other healthcare providers.

🕒 General Rule: 2-Year Time Limit

If you were injured by a medical mistake, the clock usually starts ticking on the date the negligence occurred and caused harm. You must file your lawsuit within two years or your claim will likely be barred forever.

Example:
If a doctor leaves a surgical instrument inside a patient during surgery on January 1, 2023, and the patient immediately suffers complications, the statute of limitations would expire on January 1, 2025.

Discovery Rule: When the Mistake Isn’t Known Right Away

Pennsylvania law recognizes a “discovery rule”, which allows the statute of limitations to be tolled (paused) in certain situations — specifically when the patient did not and could not have reasonably discovered the injury or malpractice until a later date.

Example:
A patient has a CT scan in March 2021 that shows signs of cancer, but the radiologist fails to report the finding. The cancer is not diagnosed until June 2023. In this case, the two-year statute may begin in June 2023, not March 2021 — if the delay was not reasonably discoverable sooner.

This is highly fact-specific and often contested by healthcare defendants. That’s why early legal evaluation is so important.

👶 Special Rule for Minors

In Pennsylvania, if the medical malpractice involves a minor under age 18, the statute of limitations does not begin to run until the minor turns 18 — regardless of when the injury occurred.

That means the deadline to file a malpractice claim for a minor is typically their 20th birthday.

Example:
A child suffers a birth injury in 2020. The statute of limitations to file a lawsuit would generally expire on the child’s 20th birthday in 2040.

⚠️ Wrongful Death & Survival Actions

  • For wrongful death and survival actions based on medical negligence, the statute of limitations is 2 years from the date of death, not the date of treatment.
  • These are separate from the personal injury statute and have unique procedural requirements.

📌 Important Takeaways

  • Don’t assume the deadline is obvious. Many malpractice cases involve delayed diagnoses, latent injuries, or minors — all of which can alter the timeline.
  • If you miss the deadline, your case will likely be dismissed — even if your injuries are severe or obvious.
  • Consulting a lawyer immediately after discovering possible malpractice is the best way to protect your rights.

📞 Have Questions? Get a Free Consultation.

At Flaherty Fardo Rogel & Amick, we’ve helped victims of medical negligence throughout Pennsylvania understand their legal rights and preserve their claims. If you're concerned about whether your case is still within the statute of limitations, don’t wait.

There is no fee for a consultation, and no obligation unless we take your case. Let us help you understand your options — before it’s too late.

How Do I Know If I Have a Medical Malpractice Case in Pennsylvania?

If you suspect a doctor, hospital, or healthcare provider made a serious mistake, you may be wondering: Do I have a medical malpractice case? The truth is, not every bad medical outcome means there is a lawsuit — but when negligence causes real harm, you may have a strong legal claim.

The only way to truly know if you have a valid case is to have your medical records reviewed by both experienced medical malpractice attorneys and a qualified physician in the same field as the provider involved.

✅ Three Elements You Must Prove to Win a Medical Malpractice Case in Pennsylvania

Under Pennsylvania law, an injured patient must prove all three of the following elements to succeed in a medical malpractice lawsuit:

  1. Negligence / Deviation from the Standard of Care
    • This means the doctor or medical provider failed to do what a reasonable provider in the same field would have done under similar circumstances.
    • A poor outcome alone is not enough — you must show a clear medical error or failure in judgment or procedure.
  2. Causation
    • You must prove that the mistake directly caused or significantly contributed to the harm you suffered.
    • For example, a delayed diagnosis must have allowed the condition to worsen, or a surgical error must have created new complications.
  3. Damages / Harm
    • Finally, you must show that you suffered real, measurable harm. This may include:
      • Additional medical bills
      • Lost wages
      • Permanent injuries
      • Disability
      • Emotional distress or loss of enjoyment of life

Without all three elements — negligence, causation, and damages — a medical malpractice claim cannot move forward in Pennsylvania.

🩺 Do All Mistakes Lead to Lawsuits?

No. Not every error or unexpected result is considered malpractice. Medicine is not a perfect science. Complications can occur even when doctors do everything right.

That’s why it's so important to have your case reviewed by a qualified attorney — and if necessary, an independent physician who can offer an expert opinion.

At Flaherty Fardo, we do not pursue cases unless a doctor is willing to confirm in writing that there was a deviation from the accepted standard of care that caused harm. This written opinion is required under Pennsylvania law as part of the Certificate of Merit process.

🧠 Common-Sense Signs That Malpractice May Have Occurred

Even without medical training, patients and families often have a sense that something went wrong. Red flags may include:

  • A procedure that didn’t go as planned — without any clear explanation
  • A delay in diagnosis or treatment that led to worsening health
  • A medical team that avoids questions or is inconsistent in their explanations
  • A second opinion that drastically differs from the initial care
  • A sudden or unexpected death following a routine medical procedure

If any of these apply, trust your instincts and seek legal advice. The earlier you act, the better.

📋 We’ll Help You Determine If You Have a Case — For Free

At Flaherty Fardo Rogel & Amick, we take pride in providing free case evaluations for individuals and families who suspect medical malpractice. Here’s how it works:

  • You’ll speak directly with an attorney, not just a staff member.
  • If we think your case has merit, we’ll offer to obtain and review the medical records.
  • When appropriate, we consult independent, board-certified physicians to determine whether the standard of care was violated and whether the negligence caused the injury.
  • We advance 100% of all costs if we accept the case — and you owe nothing unless we recover compensation for you.

📞 Contact Us Today for a Free Consultation

If you’re unsure whether you have a medical malpractice case, we’ll help you figure it out.
There’s no risk, no pressure, and no upfront cost.

📱 Call Managing Attorney Noah Paul Fardo directly at 412.855.5511
📧 Email us at info@pghfirm.com
🌐 Visit us online at www.pghfirm.com

You deserve answers — and we’re here to help you get them.

What Should I Do After a Medical Mistake Has Happened?

If you suspect that you or a loved one has been the victim of a medical mistake or error, the actions you take immediately afterward can make a major difference — both for your health and for your legal rights. Medical malpractice cases are complex, and early action can help preserve critical evidence and improve your chances of a successful claim.

Whether the harm occurred in a hospital, during surgery, or under the care of a specific doctor or provider, here are the essential steps you should take after a suspected medical error in Pennsylvania:

✅ 1. Ask Direct Questions Immediately

Do not wait. One of the most effective ways to gather information is by asking direct questions to the doctors, nurses, or hospital administrators involved.

  • Ask, “What happened?
  • Was this a known risk or preventable complication?
  • Is there anything I should know that wasn’t discussed before treatment?
  • Who made the decision to…?” (order a procedure, delay treatment, discharge, etc.)

Doctors are often more honest in the hours or days immediately following a bad outcome — before legal or insurance departments intervene. You may receive critical admissions or explanations that won’t be repeated later.

We recommend:

  • Taking written notes during or immediately after any conversation.
  • Bringing a witness (friend, family member) to serve as a second set of ears.
  • Writing down names, times, job titles, and anything said that seemed unusual or alarming.

These early interactions can become crucial later if litigation becomes necessary.

📁 2. Request a Copy of the Medical Records Immediately

Do not delay. If you suspect a medical error, request a full set of medical records as soon as possible — ideally before you leave the hospital or medical office.

Medical records can be:

  • Edited, supplemented, or “updated” after the fact
  • Incomplete or missing critical data
  • Subject to delays in production, especially once a lawsuit is filed

Ask for:

  • Complete medical chart
  • Nursing notes
  • Medication logs
  • Surgical reports
  • Radiology images (on CD if possible)
  • Discharge summary
  • Consent forms
  • Audit trail if available (shows who accessed or altered the records)

Requesting records early ensures that you obtain them in their original form and avoids excuses or roadblocks down the line.

👨‍⚖️ 3. Contact a Medical Malpractice Attorney as Soon as Possible

The days and weeks after a medical error are the most critical time to begin an investigation. A skilled medical malpractice lawyer can:

  • Preserve evidence
  • Begin gathering medical opinions from experts
  • Help you understand whether a valid legal claim exists
  • Protect you from communicating with risk management or insurance reps without counsel

Most medical malpractice cases require an expert doctor to confirm that the care fell below accepted standards and caused harm. Lawyers with experience in this area — like our firm — have access to board-certified physicians to review your case early and confidentially.

Time is a factor. In Pennsylvania, medical malpractice claims are governed by strict statutes of limitations, typically requiring lawsuits to be filed within 2 years of the date of injury (or when the injury was discovered or reasonably should have been discovered). For minors, the deadline is extended, but early action is still crucial.

⚠️ Bonus Tips

  • Do not sign any releases or settlements from the hospital or doctor until you speak with a lawyer.
  • Preserve any evidence (photos, medication bottles, surgical implants, or written instructions).
  • Avoid discussing the event on social media. Anything you say publicly may be used against you later.
  • Keep a journal of your symptoms, recovery, and how the injury has impacted your daily life.

🩺 We Can Help

At Flaherty Fardo Rogel & Amick, we take medical malpractice seriously. If you suspect a medical mistake, we will listen to your story, provide an honest evaluation, and — if appropriate — begin a detailed investigation with expert physician input.

We offer free consultations and will advance 100% of the costs if we accept your case. There is no fee unless we win.

📞 Call Managing Attorney Noah Paul Fardo directly at 412.855.5511
📧 Email us at info@pghfirm.com
🖥️ Learn more at www.pghfirm.com

Your health and your future matter. Let us help you take the right steps forward.

How Do I Get a Copy of My Medical Records in Pennsylvania?

Obtaining a copy of your own medical records should be simple — but in reality, many hospitals and doctors' offices make the process frustrating and slow. Patients are often met with delays, red tape, or excuses about why records cannot be provided quickly. However, you have a legal right to access your medical records under both federal and Pennsylvania law.

🔑 Your Right to Access Medical Records

Under the Health Insurance Portability and Accountability Act (HIPAA) and Pennsylvania’s Medical Records Act, patients have the right to obtain copies of their own records, including:

  • Office visit notes
  • Operative reports
  • Discharge summaries
  • Imaging studies (X-rays, CTs, MRIs)
  • Lab results
  • Prescriptions
  • Billing records

You can also authorize someone else — like a family member or attorney — to obtain them on your behalf by signing a proper HIPAA-compliant authorization.

✅ Steps to Obtain Your Medical Records in Pennsylvania

  1. Identify the correct medical records department.
    • For hospitals, contact the Health Information Management (HIM) or Medical Records Department.
    • For private practices, speak directly to the office manager or the billing staff — not just the receptionist.
  2. Request the provider’s medical records release form.
    • Most hospitals and healthcare systems (UPMC, AHN, etc.) have their own medical record request formsavailable online.
    • You can also send a general HIPAA-compliant request letter if they don’t have a specific form.
  3. Include the following in your written request:
    • Your full name and date of birth
    • The exact records you’re requesting (include specific dates of treatment)
    • How you’d like to receive them (electronic, CD, paper copy)
    • A signed HIPAA authorization (if you are having a lawyer or representative request them)
  4. Submit the request directly to the provider.
    • Send your request by fax, email, or certified mail so you have a record of when it was sent.
    • Some providers use third-party vendors like Ciox or MRO to handle records. Ask who is managing their requests.
  5. Follow up.
    • HIPAA requires that records be provided within 30 days, though many providers try to delay.
    • If they haven’t complied, you can file a complaint with the U.S. Department of Health and Human Services (HHS) or the Pennsylvania Department of Health.

📝 Special Notes for Malpractice Cases

If you’re considering a medical malpractice case in Pennsylvania, getting complete and timely access to your records is critical. Our firm typically handles all medical record requests for our clients, and we ensure the requests are properly drafted, track delivery, and confirm that all relevant materials are provided, including:

  • Radiology CDs
  • Nursing notes
  • Medication administration records
  • Audit trails (in certain cases)

We also make sure the full electronic medical record (EMR) is requested, including internal messages, provider access logs, and other hidden data that often helps prove malpractice.

⚠️ Can They Charge Me?

Yes, but only within limits. Pennsylvania law allows providers to charge a reasonable fee for copying medical records:

  • A flat retrieval fee may apply.
  • Per-page charges (e.g., $1.64 for the first 20 pages, $1.22 for pages 21–60, and $0.41 thereafter) can apply for paper copies.
  • Electronic records must be provided at a lower cost (usually capped at $6.50 under HIPAA if provided electronically).

Fees must be disclosed in advance. If the fees are unreasonable or not clearly itemized, you can dispute them.

🩺 Need Help?

If you're having trouble getting your medical records — or you're unsure where to begin — our firm can help. We routinely assist clients in securing complete medical records for malpractice reviews and legal actions.

📞 Call Managing Attorney Noah Paul Fardo directly at 412.855.5511
📧 Or email our office info@pghfirm.com
🖥️ Learn more at www.pghfirm.com

We’re here to help you get the information you’re entitled to — and to fight for justice if your care was negligent.

Should I Go Back to the Same Doctor After a Medical Mistake?

It depends — but proceed with caution.

At Flaherty Fardo, we never give medical advice, and your health should always come first. If you believe a particular doctor offers the best care for your condition, you should do what is best for your medical well-being — regardless of any legal concerns.

That said, from a legal perspective, we generally do not recommend continuing treatment with a doctor or provider you believe may have committed malpractice — unless it is absolutely necessary for your health or continuity of care.

There are two important reasons for this:

  1. Trust and safety: If you believe a doctor made a serious medical error, it’s reasonable to question whether that same doctor should continue treating you or your loved one.
  2. Credibility in court: Juries may view it skeptically if a patient continues to treat with the same doctor they are suing for negligence. It can create confusion or suggest that the alleged malpractice wasn’t as serious as claimed.

This advice can vary in cases involving hospital systems or teams of providers, where ongoing treatment may be unavoidable or less clearly tied to the individual accused of wrongdoing.

Choosing your doctor is a deeply personal and medical decision — and your health must always come before any legal strategy. But if you're pursuing a malpractice claim, it's important to understand how continued treatment with the same provider may impact your case.

📞 If you’d like a free consultation to discuss your legal options, call Noah Paul Fardo at 412.855.5511 or reach our office at 412.802.6666
📧 Or email us anytime at info@pghfirm.com

We're here to help you make smart, informed decisions.

How Do I Find the Best Pittsburgh Medical Malpractice Lawyer for My Case?

Finding the best medical malpractice lawyer in Pittsburgh means finding someone with the right experience, trusted reputation, and a personal approach you feel confident in. Medical malpractice cases are complex, time-intensive, and often require significant resources to pursue. Not every attorney is equipped to handle them effectively.

To help ensure you choose the right lawyer for your case, here are a few essential tips:

✅ Research Their Experience

Make sure the attorney regularly handles medical malpractice cases, not just personal injury claims in general. Ask how many malpractice cases they’ve handled, what kinds of results they’ve achieved, and whether they’ve taken cases to trial.

✅ Ask About Medical Resources

Good malpractice lawyers have access to qualified medical experts and know how to interpret complex medical records. Without that, your case likely won’t go far.

✅ Look for Real Involvement

Avoid firms that assign cases to associates or case managers. You want an attorney who is personally invested in your case and available to communicate directly.

✅ Read Reviews and Client Testimonials

Look for attorneys with consistent, positive client feedback — not just flashy ads or awards.

✅ Schedule Consultations

Speak with more than one law firm. Ask them tough questions. See who listens, who is honest, and who you trust most with something this serious.

At Flaherty Fardo Rogel & Amick, we have more than 25 years of experience helping malpractice victims throughout Pennsylvania. We’ve handled cases involving misdiagnosis, surgical errors, hospital negligence, and wrongful death, and we take pride in offering our clients direct access to their attorney every step of the way.

📞 For a free consultation, call Managing Attorney Noah Paul Fardo at 412.855.5511 or reach our office at 412.802.6666
📧 Or email us at info@pghfirm.com

We’d be honored to talk with you — and if we take your case, no one will work harder to help you.

Will You Review My Medical Malpractice Case for Free?

Yes — we offer free consultations, but not every case receives a full physician review.

Our process begins with a conversation — you’ll speak directly with an experienced medical malpractice attorney who will listen, ask questions, and offer honest initial impressions at no cost to you.

If we believe your case has potential merit, we may then offer to obtain and review your medical records. In appropriate cases, we will also have those records reviewed by a physician to determine whether there was a deviation from the standard of care.

However, we do not offer full physician reviews in every case. We must first determine:

  1. Whether medical negligence likely occurred, and
  2. Whether that negligence caused meaningful harm.

If both criteria are met, and we accept your case, we will advance 100% of the costs — including expert reviews, medical records, depositions, and court filings. You only repay us if we win.

📞 To schedule a free consultation, call Managing Attorney Noah Paul Fardo directly at 412.855.5511 or reach our office at 412.802.6666.
📧 You can also email us at info@pghfirm.com.

We’re here to listen — and if we can help, no one will work harder to win your case.

What Do You Charge for Medical Malpractice Cases?

We handle all medical malpractice and medical negligence cases on a contingency fee basis — meaning:

👉 You pay nothing unless we win.

Our law firm advances 100% of the costs necessary to pursue your case, including:

  • Expert medical reviews and testimony
  • Filing fees and court costs
  • Depositions and litigation expenses

We are only reimbursed for those costs out of your share of the recovery, and only if we are successful. There is absolutely no financial risk to you or your family.

At Flaherty Fardo, we routinely invest substantial resources into prosecuting complex malpractice cases. If we accept your case, it’s because we believe in it — and in you.

If you or a loved one has suffered due to medical negligence, we offer free consultations and will make any accommodations necessary, whether that means meeting at your home, hospital, or over the phone.

📞 Call us at 412.802.6666
📧 Email us at info@pghfirm.com
We're here to listen — and to help.

What Is The Standard Fee Agreement For Medical Malpractice Cases?

The most standard attorney fee for medical malpractice cases in Pennsylvania is 40% of the total recovery, whether through settlement or verdict.

Importantly, clients never pay out-of-pocket unless there is a recovery. Any costs advanced by our firm (such as expert witness fees, filing fees, and medical records) are reimbursed from the client’s portion of the recovery only if we win.

We attempt to keep our clients fully informed of case-related expenses throughout the litigation so they always understand what is being spent — and what will ultimately be deducted from their portion of the recovery.

If you have questions about contingency fees or want to discuss your specific situation, we offer free consultations.
📞 Call us at 412.802.6666 or 📧 email info@pghfirm.com to speak directly with a malpractice attorney.

Should You Try to Settle Your Medical Malpractice Case Before Filing Suit?

It depends. In some situations, early resolution can be a smart strategy — especially if liability is clear and the hospital or physician expresses a willingness to negotiate in good faith. We have successfully resolved a number of cases through early resolution programs with local healthcare providers.

However, most medical malpractice claims are not taken seriously until after a lawsuit is filed. Filing suit shows the defendants that you're prepared to fight — and it allows the case to be properly valued once they see:

  • The detailed legal allegations
  • The extent of your injuries and damages
  • The expert report from your physician stating there was clear negligence

The value of a case often increases after a complaint is filed because the defense can no longer ignore or downplay your claim. At that point, they are forced to evaluate their risk of liability and potential damages at trial.

We always explore early settlement if it makes sense — but we never advise settling prematurely if it means undervaluing your case.

Ultimately, the decision to settle or proceed to trial is always yours. Our role is to make sure you have the information, expert support, and legal advice you need to make the best possible choice for your future.

Questions about your options? Contact us at 412.802.6666 or email info@pghfirm.com for a free consultation.

How Long Does A Medical Malpractice Case Take in Pennsylvania?

It depends — but most medical malpractice cases in Pennsylvania take anywhere from 18 months to 2.5 years to reach resolution. Some cases, particularly those involving complex medical issues, multiple defendants, or appeals, may take 3 to 5 years or longer to fully prosecute through trial and post-trial motions.

Every case is unique. The timeline depends on:

  • The number of healthcare providers or institutions involved
  • The volume and complexity of the medical records
  • The need for expert reviews in multiple specialties
  • The court’s schedule
  • Whether the defense engages in delay tactics or offers early settlement

⚠️ Caution: Some lawyers may sign a case but then fail to move it forward efficiently. We’ve seen cases languish for years because the attorney didn’t prioritize the client’s interests.

At Flaherty Fardo Rogel & Amick, we work hard from day one to push your case forward strategically. Whether we’re pursuing early settlement or preparing for trial, our goal is to resolve your case as efficiently and effectively as possible— without unnecessary delay.

Contact us today at 412.802.6666 or email info@pghfirm.com for a free consultation about your case.

Will I Have to Pay Any Costs in a Pennsylvania Medical Malpractice Case?

Typically, no — our clients do not pay any out-of-pocket costs during the case and are not at risk for personal financial loss if the case is unsuccessful.

At Flaherty Fardo Rogel & Amick, we advance the litigation costs necessary to prosecute the case, including expert fees, medical records, depositions, and court filings. These costs are only reimbursed to the firm if and when there is a successful recovery. In other words, we only get paid if you get paid.

Clients are responsible for reimbursing the firm’s advanced costs from their portion of the recovery, but not before. Throughout the case, we provide transparent updates so our clients are always informed about what costs have been incurred.

We are mindful to keep expenses reasonable and strategic. Our goal is to maximize your net recovery, not to over-litigate or waste resources.

Questions? Call us today at 412.802.6666 or email us at info@pghfirm.com for a free consultation.

How Much Is My Medical Malpractice Case Worth in Pennsylvania?

The value of a medical malpractice case in Pennsylvania depends on several key factors — primarily the severity of the harm suffered and the degree of negligence by the healthcare provider.

Injured patients can pursue compensation for a range of damages, including:

  • Past and future medical expenses
  • Lost wages and lost earning capacity
  • Out-of-pocket costs related to the injury

In addition to these economic losses, Pennsylvania law also allows recovery for pain and suffering, which may include:

  • Physical pain and discomfort
  • Emotional distress and mental anguish
  • Loss of enjoyment of life
  • Embarrassment or humiliation
  • Loss of companionship or reduced likelihood of marriage

Every case is different. The nature of the injury, the recklessness of the conduct, the credibility of the parties, and the venue (location of trial) all influence potential case value. Pain and suffering awards are highly subjective and vary with each jury.

The true value of a malpractice case is only determined after a careful analysis of the evidence, the parties involved, the strength of expert medical opinions, and a complete understanding of how the injuries have affected the plaintiff’s life.

At Flaherty Fardo Rogel & Amick, we take the time to get to know our clients, investigate thoroughly, and evaluate each case with the respect it deserves. If you have questions about the potential value of your case, we offer free consultations and honest assessments.

Contact us today at 412.802.6666 or email info@pghfirm.com to schedule a consultation.

What Is the Pennsylvania ‘Certificate of Merit’?

The Pennsylvania Certificate of Merit is a mandatory statement from a qualified medical professional affirming that there is a reasonable probability that the care, skill, or knowledge exercised or exhibited in the treatment fell outside acceptable professional standards.

Since 2003, Pennsylvania law requires that a plaintiff’s attorney must file a Certificate of Merit in order to proceed with a medical malpractice lawsuit. This certificate must be signed by another physician — in the same or similar specialty — stating that there is a valid basis to believe the defendant was negligent and that the negligence caused harm to the patient.

Importantly, this certificate must be filed within 60 days of filing the complaint. Failure to obtain and file a valid Certificate of Merit can result in the case being dismissed. For anyone considering a medical malpractice lawsuit in Pennsylvania, understanding and securing a Certificate of Merit is a critical early step.

If you have questions about whether your case may qualify as malpractice, contact Flaherty Fardo Rogel & Amick for a free consultation at (412) 802-6666 or email us directly at info@pghfirm.com.

What Is Your Past Experience With Medical Malpractice Cases?

For more than 25 years, Flaherty Fardo has helped victims of medical malpractice recover substantial compensation for life-changing injuries and losses.

We have successfully handled a wide range of malpractice claims, including:

  • Surgical errors
  • Emergency room negligence
  • Misdiagnosis and delayed diagnosis
  • Failure to diagnose
  • Lack of informed consent
  • Hospital and nursing negligence

Our cases have involved a variety of healthcare providers—hospitals, surgeons, OB/GYNs, primary care physicians, specialists, and emergency department staff.

We’ve secured favorable settlements and verdicts in Allegheny County and across Pennsylvania, including Washington, Westmoreland, Elk, Fayette, and Clearfield Counties.

Medical malpractice lawsuits are among the most complex and resource-intensive cases to pursue. They require deep legal knowledge, strong expert support, and the ability to challenge powerful healthcare systems. We believe our consistent success stems from our tireless preparation, our commitment to clients, and our willingness to take on even the toughest cases.

If you believe you may have a malpractice claim, we offer free consultations and honest advice.

Do You Have Access to Doctors to Review My Medical Malpractice Case?

Yes. We work with a trusted network of board-certified physicians across multiple specialties who assist us in evaluating and prosecuting medical malpractice claims.

Access to qualified medical experts is one of the most important components of a successful malpractice case. These experts help us determine whether a healthcare provider violated the standard of care, and whether that negligence caused harm.

Over the years, we’ve built strong relationships with physicians who have provided expert opinions in surgical errors, misdiagnoses, medication mistakes, birth injuries, and other complex malpractice claims. When we review new cases, we often begin by consulting with specialists we’ve worked with before—and whose integrity and credentials we trust.

This depth of medical support is a key advantage we bring to our clients.

Why Should I Choose Flaherty Fardo as My Medical Malpractice Lawyer?

Because if we accept your case, no one will work harder to help you.

Choosing the right medical malpractice attorney can be one of the most important decisions you make. At Flaherty Fardo, we offer experienced, aggressive representation with one focus: putting our clients’ best interests first.

We understand that the financial and emotional consequences of medical malpractice can last a lifetime. That’s why we only accept cases we are fully committed to—and when we do, we fight relentlessly to win.

Here’s what sets us apart:

  • Access to Medical Experts: We maintain an extensive database of trusted physicians and consultants across specialties. In medical malpractice cases, having the right medical experts can make or break your claim.
  • Proven Results: We have recovered millions of dollars for victims of malpractice across Pennsylvania. Our case experience includes surgical errors, hospital negligence, delayed diagnoses, informed consent violations, and more.
  • Hands-On, Personal Attention: We pride ourselves on being accessible. When you work with us, you’ll have direct communication with the lawyers handling your case. You’ll never be left wondering about the status of your claim.

If you or a loved one has suffered harm due to medical negligence, contact us today for a free and confidential consultation. We will tell you honestly if we can help—and if we can, we’ll go all in.

📞 412.802.6666
📧 info@pghfirm.com

Flaherty | Fardo | Rogel | Amick

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Thank you,
Noah Paul Fardo
Managing Partner
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