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Medical Professional Liability State Profile:

Pennsylvania

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CME Requirements

Credit Amount
For both MDs and DOs, Pennsylvania requires 100 hours of CME credits per licensure cycle. MDs must complete at least 20 AMA PRA Category 1 Credit™ hours and DOs must complete at least 20 AOA Category 1-A credit hours.

  • Physicians renewing their license for the first time are only required to complete 2 hours of board-approved continuing education in child abuse recognition and reporting requirements.

Licensure Cycle
Biennium—beginning Jan. 1 of odd-numbered years through Dec. 31 of even-numbered years for both MDs and DOs.

Topics
For the second license renewal and all following renewals, Pennsylvania MDs and DOs must meet the following topical requirements:

  • 12 hours of CME focused on patient safety or risk management
  • 2 hours of board-approved continuing education in child abuse recognition and reporting requirements
  • 2 hours of education pertaining to pain management, the identification of addiction or in the practices of prescribing or dispensing of opioids (required for all prescribers or dispensers)


The Pennsylvania CME requirements listed above were accurate when posted, but CME state requirements change frequently. Due to COVID-19, certain states may have modified their licensure requirements. Physicians are advised to confirm Pennsylvania’s current requirements with the Pennsylvania State Board of Medicine website and the Pennsylvania State Board of Osteopathic Medicine website.

  • Prejudgment and Post-Judgment Interest
  • One Party or All Party Consent
  • Patient Compensation Fund
  • Tort Laws

Prejudgment and Post-Judgment Interest

Tort actions rate: Prime rate, as stated in Pa. R.C.P. 238(a)(3). The plaintiff must request delay damages within 10 days of the verdict or decision

  • Pa. R.C.P. 238(c); but cf. Pa. R.C.P. 238(d) (actions heard by a board of arbitrators)

Accrual date: The date that is one year after the date original process was first served. The recoverable interest can be affected by a written settlement offer and times when plaintiff caused the delay.

  • Pa. R.C.P. 238(a)(2)

Postjudgment Contract and Tort Actions Rate: Contract rate or, if none, 6%

Accrual date: Date of the verdict

One Party or All Party Consent

Pennsylvania is a two-party consent state.

In Pennsylvania, it is a criminal offense to use any device to record communications, whether they’re wire, oral or electronic, without the consent of everyone taking part in the conversation. This means that in Pennsylvania you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. 18 Pa. Cons. Stat. Ann. § 5704.

Patient Compensation Fund

The Medical Care Availablity and Reduction of Error Fund (Mcare) was established in 2002 as a successor to the Medical Professional Liability Catastrophe Loss Fund. Fees for participation are collected annually. All medical providers who conduct at least half of their business in Pennsylvania must participate in the fund. These providers must have $500k in liability coverage per incident and $1.5M aggregate ($700k/$2.1M for hospitals).

Tort Laws

Limits on damages for pain and suffering: None

  • Prohibited by state constitution

Limits on contingent attorney fees: None

  • Sliding scale ruled unconstitutional

Reform of collateral source rule: Mandatory–subrogation banned

  • 40 P.S. §1303.508 (2002)

Periodic payment of future damages: Mandatory over $100k (future medical and related expenses)

  • 40 P.S. §1303.509 (2002)

Statute of limitations: 2 years or 2 years from discovery; 7 year statute of repose (except for foreign objects and minors)

  • 42 P.S. §5524 (1992) and 40 P.S. §1303.513 (2002)