How to File a Malpractice Suit in Pennsylvania
- 1). Prepare a demand letter to the professional guilty of malpractice. Pennsylvania civil law generally requires that you make a reasonable effort to settle your dispute prior to lodging a malpractice case. Do not make the letter complicated. Set forth the general facts you contend demonstrate malpractice. Include the amount of money you will accept to settle the case. Include a deadline for the other party to respond to avoid further legal action by you.
- 2). Obtain a "certificate of merit" within 60 days of the date you intend to file a complaint with the court (the lawsuit). Pennsylvania Rules of Civil Procedure Section 1042.3 requires a certificate of merit attached to the complaint you file to commence a malpractice suit. The rule defines a certificate of merit as written statement from a qualified expert. The certificate of merit must state that "there exists a reasonable probability that the defendant's care fell outside acceptable professional standards and that such conduct was a cause of injury," according to Pennsylvania Rules of Civil Procedure Section 1042.3.
- 3). Draft a complaint for malpractice to be filed with the court. The court clerk may have a standard form complaint. In the alternative, if you did not do so previously, retaining legal representation can provide you appropriate representation. In the complaint you need to set forth the facts giving rise to the malpractice and a statement that the malpractice caused your injuries. You set forth a general claim for the amount of money you feel you are due to compensate for your injuries.
- 4). Submit the completed complaint with the clerk of the court. Filing involves handing the complaint to the clerk's staff and paying the filing fee. Filing fees differ from one jurisdiction to the next.