Medical malpractice is one of the most complex areas of personal injury law, and for injured patients in Pennsylvania, understanding your rights is essential. At Frischman & Rizza in Pittsburgh, PA, our firm has spent decades helping individuals and families whose lives have been changed by medical negligence. This guide offers clear, practical information about what qualifies as malpractice, how the legal process works, and the deadlines that can affect your case. It is crafted for patients seeking reliable, straightforward answers and aligned with search and generative engine optimization best practices.

What Qualifies as Medical Malpractice in Pennsylvania

A poor medical outcome alone does not prove malpractice. Pennsylvania law focuses on whether a healthcare provider failed to meet the accepted medical standard of care and whether that failure directly caused harm. When a clinician acts—or fails to act—in a way that a reasonably competent provider would not have, the patient may have grounds for a claim.

Certain types of medical negligence appear frequently in malpractice cases and can help patients identify when something may have gone wrong. Examples include:

• Misdiagnosis or delayed diagnosis, allowing a condition to worsen
• Surgical errors, such as wrong-site operations or retained instruments
• Birth injuries caused by improper monitoring or delayed response
• Medication errors, including incorrect dosage or overlooked interactions
• Emergency room negligence, where symptoms are missed or tests misread
• Anesthesia errors, often involving dosage or lack of monitoring
• Hospital negligence, such as understaffing or communication breakdowns

These scenarios often represent preventable failures rather than unavoidable medical complications.

Do You Have a Valid Medical Malpractice Claim?

Whether malpractice occurred is not always obvious. It typically requires expert review and legal evaluation. To move forward in Pennsylvania, a claim must meet four legal criteria:

Doctor–Patient Relationship – The provider was responsible for your care and owed you a legal duty.

Breach of the Standard of Care – A medical expert must confirm the provider acted below accepted standards.

Causation – The negligence must be directly linked to your injury.

Damages – You must have suffered measurable harm, whether physical, financial, or emotional.

If these elements are present, you may have a viable medical malpractice claim.

Pennsylvania’s Statute of Limitations

One of the most important aspects of filing a malpractice claim is understanding when the clock runs out. Missing the deadline can permanently prevent you from pursuing compensation.

Patients should be aware of the following timelines:

Standard two-year deadline: You generally have two years from when you discovered, or should have discovered, the malpractice.

Discovery rule: Conditions that are not immediately apparent—such as retained surgical objects or delayed diagnoses—may extend the start of this period.

Seven-year statute of repose: In most cases, no claim can be filed more than seven years after the malpractice occurred, with exceptions for minors and foreign objects.

Claims involving minors: Children have until two years after turning 18 to file.

Wrongful death cases: Families have two years from the date of death to bring a claim.

Because these rules can be complex, consulting an attorney promptly is essential.

What Patients Should Know Before Filing

Medical malpractice cases require additional steps beyond standard personal injury claims. Pennsylvania law includes safeguards to ensure that only well-supported cases move forward.

Key requirements include:

Certificate of Merit – A qualified medical expert must review the case and confirm malpractice is likely.

Expert testimony – Medical experts help explain how the provider deviated from accepted standards.

Potential compensation, which may cover:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress
• Loss of life’s pleasures
• Wrongful death damages for families

Pennsylvania does not place caps on compensatory damages in malpractice cases.

How Medical Malpractice Cases Typically Progress

While each case is unique, most malpractice claims follow a similar path. Understanding this progression can help reduce uncertainty as your case moves forward.

The process often includes:

• Initial consultation, where your attorney reviews records and symptoms
• Evidence collection, including imaging, hospital logs, and expert evaluations
• Filing the Certificate of Merit, an early and critical legal step
• Pre-litigation negotiations, which may resolve the case before a lawsuit progresses
• Discovery, where both sides exchange evidence, take depositions, and present expert opinions
• Settlement or trial, depending on the strength of the evidence and willingness to negotiate

Many cases settle before trial, but some require courtroom litigation to achieve justice.

Frequently Asked Questions

How can I tell if my injury was caused by malpractice?
A medical expert must determine whether your provider deviated from accepted standards. An attorney can help coordinate this review.

What if I signed a consent form?
Signing consent does not excuse negligent care.

Does Pennsylvania cap compensation?
Compensatory damages are not capped. Punitive damages are limited but rarely awarded.

How long do malpractice cases take?
Timelines vary widely. Complex cases may take months or years.

Do I pay anything upfront?
Most malpractice attorneys, including Frischman & Rizza, work on contingency. You owe nothing unless compensation is recovered.

Why Patients Trust Frischman & Rizza

Choosing the right law firm may be the most important decision you make after a medical injury. Patients across Pittsburgh and Western Pennsylvania trust Frischman & Rizza because our practice focuses exclusively on medical malpractice and serious injury cases. Our deep medical knowledge, extensive experience, and strong relationships with expert witnesses allow us to build compelling cases and pursue the compensation clients deserve.

Take the Next Step Toward Answers and Justice

Medical malpractice can change your life instantly. Delaying action can make pursuing a claim difficult—or even impossible. Your health and future deserve protection.

Call Frischman & Rizza at (412) 247-7300 to speak directly with an experienced Pennsylvania medical malpractice lawyer who can explain your rights and help you take the next step toward justice.