Not every adverse medical result is caused by negligence, but it is natural to wonder if unexpected harm occurred because of a preventable error. To successfully pursue compensation for damages, a claim must prove that a health care provider deviated from accepted medical standards and caused your injury.
However, demonstrating negligence in Pennsylvania medical malpractice cases involves a detailed medical review and strict procedural requirements. If you believe that you have a claim for medical malpractice, you can call today for a free consultation with The Weitz Firm, LLC. Our attorneys are ready to evaluate your case and help you make informed decisions concerning your legal options.
It is not enough to show that a treatment was unsuccessful or resulted in complications. To prove medical negligence in your Pennsylvania malpractice case, you must have evidence, such as expert testimony and medical records, showing that a health care provider’s actions deviated from applicable medical standards and caused your injury. Misdiagnosis may form the basis of a medical negligence claim when it rises to the same standard.
These claims focus on whether the provider’s conduct was a preventable error under the circumstances when measured against professional standards. Especially in the cases of misdiagnosis, the law requires a clear connection in order to separate unfortunate outcomes from those involving actionable negligence. However, health care providers or insurers will commonly raise defenses that assert that the care provided did meet the applicable standard of care, or that try to place fault on you.
State law recognizes that medicine involves both judgment and risk. Negligence only applies to conduct that falls outside of professional norms, and proving that deviation is crucial to any Pennsylvania medical malpractice case. This analysis requires expert testimony from qualified medical experts in the same or substantially similar field to establish the applicable medical standard, identify any deviations from that standard, and explain causation to the claimant’s injuries.
Even before they speak in front of a jury, a qualified medical professional must provide a written statement supporting the claim so that plaintiffs can file a Certificate of Merit pursuant to Pennsylvania Rule of Civil Procedure § 1042.3. Then, these experts can evaluate medical records, diagnosis testing, treatment decisions, and outcomes to make a determination concerning the provider’s conduct and how it resulted in harm. Because malpractice claims hinge on professional standards and experts’ credibility, the selection and use of qualified experts can directly affect the case.
The damages available to patients harmed by medical negligence cover both economic and non-economic costs. These can include medical expenses, lost income, and compensation for pain and suffering. There is no cap imposed on compensatory damages in medical malpractice cases in Pennsylvania, but punitive damages are only available when reckless or intentional misconduct is present. Damages depend heavily on the nature of the injury, its extent, and the long-term impact, so thorough documentation is essential.
Medical malpractice claims must be filed within two years of the injury occurring, and failure to file within this timeframe may result in the claim being barred. Early assessment can help determine whether the claim satisfies state legal standards and complies with procedural rules.
Medical negligence claims require more than proof of an unfavorable outcome. They must also establish a deviation from medical standards, causation, and damages, all of which must be supported by expert testimony. If you want to know how the relevant law applies to your claim, call the attorneys at The Weitz Firm, LLC for a free consultation to discuss negligence in Pennsylvania medical malpractice cases.
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.
