Beginning in the 1990s, throughout the nation there was a significant push for personal injury litigation reform. Medical Malpractice litigation was no exception, and the push began for Pennsylvania to adopt an Act to reform medical malpractice litigation. 

While the merits as to the perceived "need" for medical malpractice reform is outside the scope of this blog, Pennsylvania's Medical Care and Reduction of Error Act (MCARE Act) became effective in March 2002 and was the result of a negotiated bipartisan effort of the Pennsylvania State Legislature. This act also had implications for Professional Liability Insurance. In fact, the MCARE Act was passed by an unprecedented vote of 196 to 1 in the Pennsylvania House and 49 to 0 in the State Senate. 

Due to its negotiated nature, the MCARE Act has both provisions which can be viewed as pro-physician and others that can be viewed as pro-patient. One of the key components of the MCARE Act was the establishment of the MCARE Fund, which pays claims beyond the primary Professional Liability Insurance coverage limits.

How has the MCARE Act in Pennsylvania changed Medical Malpractice Litigation?

One of the major changes to Medical Malpractice litigation that was brought about by MCARE was the addition of a "Certificate of Merit" requirement for any medical malpractice lawsuit. 

Essentially, within sixty days of filing a lawsuit, the injured patient who files the lawsuit must file with the court a written document representing to the court that the patient has had the case reviewed by a qualified health care professional, possibly even a nurse midwife, who has determined that there is a prima facia basis for the case to move forward. This requirement must be strictly complied with by the patient, and the failure to file a Certificate of Merit can result in the patient's case being dismissed. 

Reduction of Medical Malpractice Lawsuits in Pennsylvania

There can be no question that the Certificate of Merit requirement has substantially reduced the number of medical malpractice lawsuits filed each year throughout the state. In 2002, the year MCARE was enacted, a total of approximately 3000 medical malpractice cases were filed statewide. By 2003, the number of medical malpractice cases filed in Pennsylvania dropped substantially to approximately 1700 cases and has since hovered around 1500 new cases filed annually since. 

Of those cases which are filed, only a small percentage go to trial. Since the enactment of MCARE, the highest number of cases that went all the way to the verdict was 305 in 2004. On average, a total of 154 (excluding 2020 and 2021 where the number of trials was disparately impacted by the Covid-19 Pandemic) medical malpractice cases per year proceed to verdict throughout Pennsylvania's 67 counties. 

The Administrative Office of the Pennsylvania Supreme Court maintains detailed statistics as to the number of medical malpractice cases filed, resolved by settlement or discontinuance and tried each year. These statistics also provide verdict ranges.

Since MCARE's enactment, there remain a number of counties, including Juniata, Perry, Pike, Potter, and Susquehanna, where there have been no reported medical malpractice verdicts. However, these statistics do not include those cases which settle. Nonetheless, its clear that those medical malpractice cases which are successfully tried to verdict in the patient's favor occur much more frequently in the more populated geographic areas. 

Ready to hire Pennsylvania’s top medical malpractice legal firm?

Frischman & Rizza, P.C. is a highly reputable medical malpractice law firm dedicated to serving clients throughout the entire state of Pennsylvania. With a track record of success, our firm operates on a "No Fee Unless We Win" basis, providing our clients with the peace of mind that they will not incur any legal fees unless we secure a favorable outcome for their case.

Our team of experienced attorneys specializes in handling all types of personal injury matters, including medical malpractice claims, with a deep understanding of the complexities involved in these cases. We are committed to seeking justice for our clients, holding negligent healthcare providers accountable for their actions, and ensuring that victims receive the compensation they deserve.

At Frischman & Rizza, we recognize the profound impact that medical malpractice can have on a person's life. Beyond seeking financial compensation, we also prioritize the mitigation of long-term health complications and the protection of our client's well-being. Our compassionate approach ensures that each client receives personalized attention and tailored legal strategies to address their unique circumstances.

If you or a loved one has experienced medical malpractice in Pittsburgh or any surrounding area, we encourage you to reach out to us for a free consultation. During this confidential meeting, we will listen to your story, evaluate the merits of your case, and provide you with honest and knowledgeable legal advice. Our goal is to help you make informed decisions about the best course of action for your situation.

Our firm operates on a “No Fee Unless We Win” basis, handling all personal injury matters on a contingency fee arrangement. We aim to secure justice for you, mitigate long-term health complications, and protect your well-being.

Our dedication to excellence and commitment to our client's well-being has earned us a reputation as one of Pennsylvania's top medical malpractice law firms. Over the years, we have successfully recovered substantial compensation for our clients, allowing them to rebuild their lives and move forward after the devastating effects of medical negligence.

When you choose Frischman & Rizza to represent you, you are enlisting the services of experienced, compassionate, and relentless advocates. Our attorneys have an in-depth understanding of medical malpractice laws in Pennsylvania and have the resources and expertise needed to build strong cases for our clients.



Contact Frischman & Rizza today to schedule your free consultation and take the first step toward securing the justice and compensation you deserve. We are here to stand by your side, fight for your rights, and ensure that those responsible for your injuries are held accountable.