Negligent actions or omissions by a doctor or medical professional can cause life-changing injuries to patients. When you are harmed while under the care of a healthcare provider, a Pennsylvania medical malpractice lawyer can help you pursue legal action and protect your rights.
Doctors and other healthcare professionals must follow the standard of care when treating patients. When a medical provider deviates from a generally accepted standard, a personal injury attorney can advise you on filing a claim to recover compensation.
Types of Medical Malpractice
Medical malpractice can refer to various negligent actions or omissions by a healthcare professional. Typical preventable error claims include:
- Surgical errors
- Prescription medication errors
- Failure to follow an accepted treatment protocol
- Diagnostic errors, including misdiagnoses, failures to diagnose, and delayed diagnoses
- Failure to adequately inform a patient about the risks of a medical procedure or alternative options
- Misdiagnosis or delayed diagnosis
- Birth injuries and OB/GYN malpractice
- Items left in the body after surgery
- Distracted doctoring or a refusal to treat patients
- Medical equipment failure
- Unsanitary conditions or the development of sepsis/infection
- Hospital-based negligence
Medical malpractice claims require the injured patient to show that the healthcare provider owed them a duty of care, which a court typically imposes if a doctor-patient relationship was established. The patient must also prove that the duty was breached by the provider deviating from the generally accepted medical standards, resulting in injury or harm.
In addition, a patient must experience damages from the negligent actions of the healthcare provider. Damages from preventable error claims can include economic losses, such as medical expenses and lost wages, or non-economic losses, such as pain and suffering, loss of consortium, and loss of the ability to enjoy life’s pleasures.
The total amount of damages is determined on a case-by-case basis depending on factors such as the extent of the patient’s injuries. Pennsylvania has no cap for economic and non-economic damages from medical malpractice claims. A Pennsylvania lawyer can help determine the maximum amount of potential damages for a medical malpractice case.
Deadline for Filing Preventable Medical Errors Claims
Under 42 Pennsylvania Consolidated Statutes § 5524, sick or injured patients must file a lawsuit to recover damages for medical malpractice within two years of the date of the negligent action. That said, the two-year period will not begin until the patient discovers the harm or reasonably should have discovered it. The court understands it is sometimes impossible for a patient to learn about the harm until later, such as when a surgical instrument is left inside someone’s body.
Required Certificate of Merit Filing
Patients filing a complaint for medical malpractice in Pennsylvania are also required to file a signed certificate of merit under Pennsylvania Rule of Civil Procedure 1042.3. This Certificate is based on a written statement from another qualified medical professional stating there is a reasonable likelihood that care fell outside acceptable standards and caused the patient harm.
If the certificate of merit is not filed with the complaint, it should be no later than 60 days after. The court also has discretion to extend the 60-day filing deadline for certificates of merit. A medical malpractice lawyer in Pennsylvania can provide more information on situations where this may apply.
Reach Out to a Medical Malpractice Attorney in Pennsylvania Immediately
Get in touch with a Pennsylvania medical malpractice lawyer as soon as possible for an introductory consultation when you or a loved one sustain harm from suspected medical negligence. Our team can help build your case for compensation.
The state’s time limit on filing preventable error claims can potentially result in the loss of certain legal protections or the dismissal of the case. Consulting with a medical malpractice attorney today can help you understand the merits of your claim and the next steps in the process.
