Rule 1042.26.Medical Professional Liability Actions. Expert Reports.
Adopted March 29, 2004 · Not amended since adoption · Last verified June 30, 2026
Full Text of Rule 1042.26
Plain-English Summary
This rule frames a special expert-report regime for medical malpractice. Rules 1042.26 through 1042.38 govern a medical professional liability action in which a medical professional liability claim is asserted, providing a procedure for the exchange of expert reports.
Its application is conditional. The rules apply only in those jurisdictions where the court has not established case-management deadlines by court order or otherwise — so a county with its own scheduling practice uses that instead.
Frequently Asked Questions
When do the medical expert-report rules apply?
In medical professional liability actions, but only in jurisdictions where the court has not set its own case-management deadlines.
Official Note
Official Note: See Section 5101.1(c) of the Judicial Code, 42 Pa.C.S. § 5101.1(c), for the definitions of ‘‘health care provider,’’ ‘‘medical professional liability action’’ and ‘‘medical professional liability claim.’’ The rules of this chapter create additional requirements for the pre-trial production of expert reports for cases within the scope of these rules.
Official Note: These rules do not apply if the court has set different times for the production of expert reports, whether those times are established before or after a party has initiated a proceeding under this chapter by the filing of a request for expert reports.
Amendment History
The provisions of this Rule 1042.26 adopted March 29, 2004, effective immediately, 34 Pa.B. 1926.