Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or hospital, deviates from the standard of care expected in their profession, resulting in harm to the patient. This harm can include physical injury, emotional distress, or worsening of a medical condition.
Statute of Limitations
In Pennsylvania, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the injury or discovery of the injury. However, there are exceptions for cases involving minors or cases where the injury wasn’t immediately apparent.
Certificate of Merit
Before filing a medical malpractice lawsuit in Pennsylvania, you must obtain a certificate of merit from a qualified medical expert. This certificate attests that there’s a reasonable probability that medical negligence occurred and caused harm.
Damages
If you can prove medical malpractice, you may be entitled to various types of damages, including medical expenses, lost wages, pain and suffering, and in some cases, punitive damages intended to punish the negligent party.
Establishing Negligence
To succeed in a medical malpractice claim, you must demonstrate the following elements:
- The healthcare provider owed you a duty of care.
- The provider breached that duty by deviating from the standard of care.
- The breach of duty caused your injury or harm.
- You suffered damages as a result of the injury.
Pre-litigation Review
Before filing a medical malpractice lawsuit, Pennsylvania law requires plaintiffs to submit their case to a pre-litigation review panel. This panel consists of medical professionals who evaluate the merits of the case and offer non-binding opinions on its validity.
Legal Representation
Medical malpractice cases are complex and often involve extensive medical evidence. It’s essential to seek the assistance of an experienced medical malpractice attorney who can guide you through the legal process, gather evidence, consult with medical experts, and advocate on your behalf.
If you believe you’ve been a victim of medical malpractice in Pennsylvania, it’s crucial to act promptly. Consult with our knowledgeable attorneys to assess your case, understand your rights, and pursue the compensation you deserve within the applicable legal framework.