1. Kline & Specter, PC
Focus Area: Birth injuries, brain damage, surgical errors, hospital negligence
Practice Areas: Medical malpractice, birth injuries, cerebral palsy, brain injuries, surgical errors, cancer misdiagnosis, medication errors, wrongful death
Background: The firm is consistently ranked among the law firms in Philadelphia and Pennsylvania by U.S. News Media Group’s Best Lawyers listing. They have an unmatched staff of five doctor-lawyers working full-time for the firm. Kline & Specter obtained the largest-ever medical malpractice verdict in Pennsylvania at $100 million for a baby who suffered severe brain damage and amputation due to medical malpractice. They have obtained numerous seven and eight-figure verdicts and settlements in Pennsylvania history. The firm handles cases in Pennsylvania, New Jersey, Delaware, and New York.
Location: 1525 Locust Street, 19th Floor, Philadelphia, PA 19102
Contact: (215) 772-1000 | https://www.klinespecter.com
Consultation: Free and confidential evaluation; no fees unless compensation is recovered
2. Ross Feller Casey, LLP
Focus Area: Surgical errors, hospital negligence, birth injuries, transplant surgery errors
Practice Areas: Medical malpractice, surgical errors, birth injuries, trauma surgery errors, obstetric negligence, hospital negligence, nursing errors, wrongful death
Background: The firm is uniquely qualified to litigate intricate medical malpractice lawsuits with a team of Ivy League trained and educated physicians. Their five doctors, three of whom are also attorneys, have decades of medical experience and are recognized experts in transplant and trauma surgery, obstetrics and gynecology, and internal medicine. They have practiced medicine at institutions including Harvard, Children’s Hospital of Boston, Cambridge University, and Mount Sinai Medical Center. Founding partner Matt Casey won a $23.1 million verdict in Lehigh County for a patient who lost both legs due to nursing negligence.
Location: 2000 Market Street, 25th Floor, Philadelphia, PA 19103
Contact: (215) 246-9696 | https://www.rossfellercasey.com
Consultation: Free consultation; contingency fee basis
3. Cohen, Placitella & Roth, PC
Focus Area: Failure to diagnose, post-operative care errors, stroke misdiagnosis, wrongful death
Practice Areas: Medical malpractice, failure to diagnose, surgical errors, post-operative negligence, stroke injuries, brain injuries, hospital negligence, wrongful death
Background: The law offices have represented victims of medical malpractice and their families for 50 years. Their attorneys achieve historic, life-altering outcomes for clients’ medical malpractice claims. The firm has achieved significant settlements including $10,000,000 for failure to diagnose and treat small bowel obstruction leading to death. They serve clients in Philadelphia, Pennsylvania, New Jersey, and nationwide. The experienced attorneys operate with tenacity, experience, and strategic perspectives.
Location: Two Commerce Square, 2001 Market Street, Suite 2900, Philadelphia, PA 19103
Contact: (888) 789-2855 | https://cprlaw.com
Consultation: Free case evaluation available
4. The Villari Firm, PLLC
Focus Area: Birth injuries, misdiagnosis, medication errors, surgical errors
Practice Areas: Medical malpractice, birth injuries, cerebral palsy, misdiagnosis, delayed diagnosis, medication errors, surgical errors, wrongful death
Background: Attorney Heidi G. Villari brings more than 20 years of experience in courtroom trials and negotiations to represent medical malpractice victims. The firm has been representing victims of medical negligence since 1998, recovering over $125 million in settlements and verdicts. They work with medical experts to uncover and prove malpractice, evaluating cases diligently and helping clients obtain necessary documentation to support claims. The firm handles cases throughout Pennsylvania.
Location: 1608 Walnut Street, Suite 900, Philadelphia, PA 19103
Contact: (215) 372-8889 | https://www.thevillarifirm.com
Consultation: Free consultation; contingency fee basis
5. Saltz Mongeluzzi Bendesky, P.C.
Focus Area: Cancer misdiagnosis, birth trauma, surgical mistakes, hospital errors
Practice Areas: Medical malpractice, delayed cancer diagnosis, birth injuries, surgical errors, medication errors, emergency room negligence, anesthesia errors, wrongful death
Background: As a Philadelphia-based medical malpractice law firm, they have successfully handled hundreds of malpractice cases. Their malpractice lawyers work in teams with experienced consulting nurses and independent physician experts to determine what went wrong in clients’ medical care. In the past decade, the firm has settled more than $200 million worth of medical mistake cases. They have pioneered innovative use of high-tech visual tools including illustrations, audio and video, animation, and customized 3-D models to present evidence. Notable results include $15,000,000 for a failed abortion resulting in child’s deformities and $6,600,000 for delayed diagnosis of breast cancer.
Location: The Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107
Contact: (215) 575-3986 | https://www.smbb.com
Consultation: Contact for consultation
Medical Malpractice Laws in Pennsylvania
Statute of Limitations: Under 42 Pa. Cons. Stat. section 5524(2), the statute of limitations for medical malpractice in Pennsylvania is two years. This two-year period typically runs from the date the malpractice occurred. However, Pennsylvania applies the discovery rule, which means the clock starts when the plaintiff discovered or, through the exercise of reasonable diligence, should have discovered that they suffered an injury as a result of medical negligence.
Statute of Repose: Pennsylvania enacted a seven-year statute of repose that sets an absolute deadline for filing medical malpractice claims regardless of when the injury was discovered. However, in 2019 the Pennsylvania Supreme Court ruled this statute of repose unconstitutional, effectively removing the outer time limit for cases where the discovery rule applies. Claims for foreign objects left in the body and claims involving minors have specific exceptions.
Certificate of Merit Requirement: Under Pennsylvania Rule of Civil Procedure 1042.3, lawsuits asserting medical malpractice claims must be supported by a certificate of merit. This certificate must confirm that a qualified expert has reviewed the plaintiff’s case and provided a written opinion that the defendant’s conduct did not meet the accepted medical standard of care. The certificate must be filed with the complaint or within 60 days of filing.
Damage Caps: Pennsylvania does not impose a cap on compensatory damages in medical malpractice cases. Plaintiffs can recover full economic damages (medical expenses, lost wages, future care costs) and noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life) without legislative limits. Punitive damages, intended to punish particularly egregious conduct, are capped at two times the amount of actual damages, with an exception for cases involving intentional misconduct.
Minors Exception: For victims under 18, the statute of limitations does not begin to run until they reach the age of majority. This means minors generally have until their 20th birthday (two years after turning 18) to file a medical malpractice lawsuit. The former seven-year statute of repose for minors is no longer applicable following the 2019 court ruling.
Comparative Negligence: Pennsylvania follows a modified comparative negligence rule. If a plaintiff is found partially at fault for their injury, their compensation is reduced by their percentage of fault. However, if the plaintiff is found to be more than 50% at fault, they cannot recover any damages.
Venue Restrictions: Pennsylvania law requires medical malpractice lawsuits to be filed in the county where the alleged malpractice occurred. This venue restriction prevents forum shopping and ensures cases are heard in courts familiar with local healthcare standards.
Informed Consent: Pennsylvania law requires healthcare providers to obtain informed consent before rendering treatment or performing procedures, except in emergency situations. Failure to obtain proper informed consent can form the basis of a medical malpractice claim.
Expert Testimony: Pennsylvania requires expert medical testimony to establish the standard of care and to prove that the healthcare provider’s conduct deviated from that standard. Experts must be qualified in the same or similar specialty as the defendant physician.
Frequently Asked Questions
What is the certificate of merit requirement for medical malpractice lawsuits in Philadelphia?
Pennsylvania law requires every medical malpractice complaint to be accompanied by or followed within 60 days by a certificate of merit. This document must state that an appropriate licensed professional has reviewed your case and provided a written statement that the defendant’s care fell outside acceptable professional standards. Without this certificate, your lawsuit cannot proceed in court. The requirement exists to ensure cases have merit before proceeding through litigation. Your attorney will work with qualified medical experts who can review your records, identify deviations from the standard of care, and provide the necessary certification.
Does Pennsylvania have a cap on medical malpractice damages?
Pennsylvania does not limit compensatory damages in medical malpractice cases. You can recover full economic damages for medical expenses, lost wages, future treatment costs, and other financial losses. You can also recover full noneconomic damages for pain and suffering, emotional distress, and loss of enjoyment of life without any statutory cap. This differs from many other states that limit noneconomic damage awards. Punitive damages, which punish particularly egregious conduct, are capped at two times the compensatory damages, unless intentional misconduct is proven.
How does the discovery rule affect my time to file a medical malpractice lawsuit in Pennsylvania?
Pennsylvania’s discovery rule recognizes that some medical malpractice injuries are not immediately apparent. The two-year statute of limitations does not begin until you knew or should have known with reasonable diligence that you were injured and that the injury was caused by medical negligence. For example, if a surgical instrument was left inside your body but symptoms did not appear for three years, your two-year deadline would start when you discovered or should have discovered the foreign object. Following the 2019 ruling that struck down the statute of repose, there is effectively no outer time limit in most cases, though acting promptly remains important.
Can I sue multiple parties in a Philadelphia medical malpractice case?
Medical malpractice often involves multiple potentially liable parties. You may have claims against individual physicians, nurses, or other healthcare providers who directly caused your injury. You may also have claims against hospitals or medical facilities under theories of vicarious liability for their employees’ actions, or direct liability for negligent credentialing, supervision, or policies. Medical device manufacturers may be liable if defective equipment contributed to your injury. An experienced attorney will investigate all potential defendants to ensure you can recover full compensation from all responsible parties.
What should I expect during a medical malpractice lawsuit in Pennsylvania?
Medical malpractice litigation in Pennsylvania typically follows these stages: First, your attorney reviews medical records and consults with experts to determine if malpractice occurred and obtain the required certificate of merit. Second, the complaint is filed in the county where the malpractice occurred. Third, discovery occurs where both sides exchange evidence, take depositions, and retain expert witnesses. Fourth, settlement negotiations may occur throughout the process. Fifth, if no settlement is reached, the case proceeds to trial where a jury determines liability and damages. The entire process can take two to five years depending on complexity, number of parties, and court scheduling. Philadelphia courts handle significant medical malpractice caseloads, which can affect timing.