When another person’s reckless or careless actions have caused you injury, your ability to recover civil compensation hinges on whether you can prove the offending party is legally liable. However, if you have been hurt due to a licensed health care provider’s negligence, holding them financially accountable for your losses differs from all other types of personal injury claims.
Speaking with a qualified medical malpractice lawyer is the best way to gain a comprehensive understanding of how liability in Pennsylvania medical malpractice claims works, and retaining such an attorney as early as possible is the most effective way to achieve a favorable outcome. Here is a brief overview of the basic legal principles affecting who you can demand money from after being harmed in this way.
Employers are often liable for injuries caused by their employees in the course of performing regular job duties. That same principle of liability can be applied to a medical malpractice claim in Pennsylvania if the doctor responsible for injuring you was an employee of the hospital where they provided you with substandard care. Likewise, hospitals can sometimes be held directly liable for injuries resulting from negligent hiring practices—for example, hiring a doctor with a long history of malpractice complaints against them.
Many doctors work as independent contractors rather than employees of a specific hospital or health care system. In such scenarios, the hospitals may still be held liable for damages. In practice, hospitals and individual practitioners have malpractice insurance policies specifically designed for situations such as yours, so seeking financial restitution is generally a matter of negotiating with insurance providers for a settlement.
Another consideration regarding liability in Pennsylvania medical negligence lawsuits is that a doctor who makes a mistake while treating a patient is not automatically liable for the resulting injuries. This is because doctors are subject to a standard of care based on what another equally qualified doctor would have done in the same circumstances.
Furthermore, the standard of care for physicians can vary dramatically depending on their specialty and the conditions under which they work.
Medical negligence can have life-altering and sometimes even life-threatening repercussions, especially if you were already dealing with a serious injury or illness when you first sought professional care. Unfortunately, the severity of harm that malpractice can cause does not affect the legal standards you must meet to compel an insurance company or hospital to compensate you.
Regardless of the direction your case takes, guidance from a knowledgeable legal professional will help effectively establish liability in Pennsylvania medical malpractice claims, such as yours. Contact us at The Weitz Firm, LLC, today for a free consultation to discuss your options.
We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.
