Healthcare professionals are required to follow the standard of care, and failing to follow this standard can lead to a patient’s injury or more harm. When negligent actions by a licensed medical professional harm you or a close relative, a Pennsylvania patient negligence lawyer can help recoup compensation and protect your legal rights.
Contact our team today for more support on your case. A dedicated medical malpractice attorney can help you file a patient negligence claim.
Doctors and medical personnel practicing in Pennsylvania are required to use a standard of care when treating patients. If a health professional deviates from this standard, a court can find them liable for patient negligence.
A wide range of actions or inactions by a licensed medical professional fall under patient negligence. Some common examples include:
If a doctor-patient relationship was established, the healthcare provider owes the patient a legal duty to observe the accepted standard of care in treatment.
To succeed on a patient negligence claim, a plaintiff must show that the healthcare provider’s actions breached the duty of care owed to the patient. Further, the patient needs to prove that healthcare provider’s action increased the risk of harm of the injury or harm that occurred resulting in economic or non-economic damages.
Economic damages could include loss of current and future salary, wages, and pat and future medical costs. In contrast, non-economic losses include pain and suffering, loss of the ability to enjoy life’s pleasures, and loss of a spousal relationship, among others.
The total amount of damages depends on the extent of the patient’s injuries and harm suffered. Some states place a monetary cap on recoverable damages for negligence claims, but there is generally no such cap in Pennsylvania for economic and non-economic damages. A patient negligence attorney can help determine the maximum amount of recovery to pursue in Pennsylvania.
The state also imposes a two-year deadline to file patient negligence claims. For injuries or harm not immediately discoverable, this period begins to toll on the date the patient reasonably should have been aware that something was wrong.
Pennsylvania has some exceptions to the statute of limitations. For example, a minor injured due to a licensed medical professional’s negligence has two years from the date they turn 18 to file a claim regardless of when the incident occurred.
Plaintiffs filing a complaint for patient negligence claims must also file a signed certificate of merit according to Pennsylvania Rule of Civil Procedure 1042.3. If the certificate of merit is not filed with the complaint, the plaintiff must do so with no later than 60 days after.
To file the certificate of merit, the attorney must obtain a written statement from an appropriate licensed medical professional stating that there is a reasonable likelihood that the care provided to the patient did not follow professional standards – and the patient sustained harm because of it. A patient negligence lawyer in Pennsylvania can help an injured client prepare documentation to file this certificate.
When you or a family member was injured or suffered an illness due to a licensed medical professional’s negligence, please contact a Pennsylvania patient negligence lawyer as soon as possible. We can help set up a free introductory consultation for you or your loved one.
Filing your claim in a timely fashion is critical to protecting your legal rights. Before submitting any court documents, an attorney can advise you about the merits of your claims and what will be necessary in order to be successful.
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.
