Harmed by a Medical Error in Pittsburgh?

If you believe a medical error has caused you harm, your immediate priority is getting the treatment you need to address the injury or condition. This may mean seeing a different doctor, going to an emergency room, or getting a second opinion from a specialist.

In Pittsburgh, UPMC Presbyterian (Level I Trauma Center), Allegheny General Hospital (Level I Trauma Center), UPMC Mercy, UPMC Shadyside, UPMC Magee-Womens Hospital, and Children's Hospital of Pittsburgh of UPMC all provide a wide range of specialty care. If your situation involves a misdiagnosis, surgical error, or medication mistake, getting an independent evaluation from a provider not affiliated with the original care team is critical.

Don't let anger at the original provider stop you from getting the care you need. Your health is the priority. The legal questions come next.

Request a complete copy of your medical records from every provider involved in your care — the hospital, the surgeon, your primary care physician, the anesthesiologist, the radiologist, and any specialists. Under federal law (HIPAA), you have the right to obtain copies of your records.

Do this in writing. Request records including physician notes, surgical reports, nursing notes, lab results, imaging studies, medication logs, discharge summaries, and informed consent documents. Some facilities charge a copying fee, but they cannot deny your request.

These records are the foundation of a medical malpractice case. They show what treatment was provided, what decisions were made, and what the standard of care should have been. An attorney and a medical expert will review these records to determine whether a deviation occurred.

Keep a detailed record of how the medical error has affected you: new symptoms, additional treatments required, pain levels, limitations on daily activities, missed work, emotional distress, and every additional medical expense. This documentation supports your claim for damages.

Photograph visible injuries — surgical site infections, scarring, swelling, rashes. Keep all bills, receipts, and correspondence from medical providers, insurance companies, and your employer regarding time missed from work.

Anything you post on social media can be used as evidence by the defense. Even innocent posts — a photo at a family event, a check-in at a restaurant — can be taken out of context to argue that your injuries aren't as serious as you claim. Avoid posting about the incident, your injuries, your medical care, or your legal situation until your case is resolved.

Pennsylvania's deadline for filing a medical malpractice claim has multiple layers, and missing any of them permanently bars your case.

Statute of limitations: You have two years from the date you knew or should have known about the injury caused by the medical error (42 Pa. Cons. Stat. § 5524). This is the discovery rule — the clock starts when you discover (or reasonably should have discovered) the harm, not necessarily when the medical act occurred.

Statute of repose: Regardless of when you discover the injury, no claim can be filed more than seven years after the medical act that caused the harm. The only exception is for foreign objects left in the body during surgery, which are exempt from the repose period.

Minors: For children, the statute of limitations is tolled until the child turns 18 — but the seven-year repose period still applies to the underlying medical act. Birth injury cases have specific timing considerations.

These overlapping deadlines make timing critical. If you suspect malpractice, consult an attorney immediately — waiting to 'see how things develop' can cost you your right to file.

Pennsylvania law requires a Certificate of Merit (COM) in professional liability cases, including medical malpractice (Pa.R.C.P. No. 1042.3). Within 60 days of the defendant's filing of a responsive pleading, you must file a COM — a written statement from a licensed medical professional certifying that the care provider deviated from the accepted standard of care and that this deviation caused your injury.

This is not optional. If you fail to file the COM within the required timeframe, the court can dismiss your case. The COM requirement means you need an attorney who works with qualified medical experts and understands the clinical aspects of your case before you even file.

The COM must come from a professional who is licensed in the same specialty as the defendant or a related field. Finding the right expert is one of the most important steps in building a malpractice case.

The MCARE Act (Medical Care Availability and Reduction of Error Act, 40 Pa. Cons. Stat. § 1303.101 et seq.) governs medical malpractice in Pennsylvania. It requires all physicians and healthcare facilities to carry primary malpractice insurance with minimum coverage of $500,000 per claim, supplemented by the state MCARE Fund for an additional $500,000 in excess coverage.

Venue rules changed in January 2023. The Pennsylvania Supreme Court eliminated the special med mal venue restriction that had required cases to be filed only in the county where care was provided. Medical malpractice cases now follow general civil venue rules — they can be filed in any county where the defendant may be served, where the cause of action arose, or where a transaction giving rise to the suit took place. For Pittsburgh-area cases, Allegheny County Court of Common Pleas remains the most common venue, but plaintiffs now have more flexibility.

Pennsylvania does not cap compensatory damages (economic or non-economic) in medical malpractice cases. Punitive damages are capped at twice the actual damages in most cases.

Medical malpractice cases are among the most complex areas of personal injury law. They require medical expertise to establish the standard of care and prove deviation, qualified expert witnesses (often multiple specialties), significant upfront investment in case preparation, and experience navigating Pennsylvania's COM requirement and MCARE Act procedures.

An experienced Pittsburgh medical malpractice attorney can evaluate whether your case has merit, identify the appropriate medical experts, handle the Certificate of Merit requirement, calculate the full value of your damages, and manage the litigation process through the Allegheny County Court of Common Pleas.

Most medical malpractice attorneys work on contingency. The initial consultation is free, and you pay nothing unless they recover compensation for you. Given the significant cost of building these cases, having an attorney who absorbs upfront expenses is a major advantage.