Pennsylvania · Medical Malpractice
Pennsylvania medical malpractice damage caps and statute of limitations
Refreshed 2026. Constitutional prohibition damage cap. 2 years from act or omission. Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
constitutional prohibition
Notes
State constitution prohibits damage caps. PA Const. Art. I, § 6 (jury trial right) and Art. III, § 18 (damages for injuries). Punitive damages limited to 200% of compensatory damages in some contexts.
Statute of limitations
42 PA Cons. Stat. § 5524Standard SOL
2 years from act or omission
Discovery rule
Yes; runs from when injury was or should have been discovered
Statute of repose
7 years from act or omission
Minor exception
For minors: SOL tolled during minority; must file within 2 years of turning 18. Subject to 7-year repose but minors may get extension.
Wrongful death SOL
2 years from date of death
Notes
Certificate of merit from qualified expert required within 60 days of filing.
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Pennsylvania med-mal FAQ
What is the medical malpractice statute of limitations in Pennsylvania?+
2 years from act or omission. Yes; runs from when injury was or should have been discovered Statute of repose: 7 years from act or omission. Wrongful death: 2 years from date of death. Certificate of merit from qualified expert required within 60 days of filing. Source: 42 PA Cons. Stat. § 5524.
Does Pennsylvania have a medical malpractice damage cap?+
No. State constitution prohibits damage caps. PA Const. Art. I, § 6 (jury trial right) and Art. III, § 18 (damages for injuries). Punitive damages limited to 200% of compensatory damages in some contexts.
How does Pennsylvania handle the discovery rule in med-mal cases?+
Yes; runs from when injury was or should have been discovered
What is the Pennsylvania minor exception for medical malpractice?+
For minors: SOL tolled during minority; must file within 2 years of turning 18. Subject to 7-year repose but minors may get extension.
What is the wrongful death statute of limitations for Pennsylvania medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Pennsylvania damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Pennsylvania attorney before relying on a deadline. Data refreshed May 2026.