Medical Malpractice Laws, Damages, and Limitations in Pennsylvania

                By on May 22nd, 2018 in Blog

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Medical Malpractice in PennsylvaniaThe range of different medical accidents that result in medical malpractice claims in Pennsylvania is vast. Everything from birth injuries to misdiagnoses is generally covered by Pennsylvania medical malpractice law. While the first step anyone should take when facing such a claim is to find qualified and experienced representation, it also goes a long way to be familiar with the law for yourself.

Determining the Eligibility of Your Case

Having a strong familiarity with medical malpractice laws will bring you unparalleled assistance. Whenever someone is going up against a hospital or doctor’s office, they are facing some of the most well-protected professional entities out there. Fighting for compensation can be a nightmare without a proper understanding of the law, as well as a talented attorney on your side. It is important to know that in Pennsylvania, medical malpractice laws require a medical professional to commit medical negligence. This is defined as when a medical professional violates or breaches the standard of care.

Although the standard of care can change depending on various factors such as age and medical history, it is the general medical practices performed by a group of healthcare professionals in the same location. Proving that medical negligence occurred may not sound too difficult, but proving that that negligence directly caused your injuries often is. It must be proved beyond the shadow of a doubt that your injuries were indiscriminately caused by medical negligence. This often takes the input of various medical professionals to verify.

The Damages and Statute of Limitations in Pennsylvania

Understand the type of compensation you are seeking, and the amount of time you have to do so. Compensation in medical malpractice cases is called damages. The first type of damages you might be looking for is called compensatory damages. This type covers expenses like medical bills and lost wages. Secondly, there are non-economic damages which cover intangible costs like pain and suffering. Lastly, there are punitive damages which seek to recover compensation, but also punish the negligent doctor(s) in your case. Punitive damages are typically sought when there is fraud or malicious actions. However, when there is no deliberate negligence, the state will cap punitive damages at 200% of compensatory.

Regardless of the extent of damages in your claim, you must file your lawsuit within the two-year statute of limitations. This time-frame is applied from the time you either discovered or should have discovered your injury. There is also an additional statute that applies to more recent cases, in which the case for damages must be filed within 7 years after the negligent act happened. In any event, knowing how strong of a case you have, and filing for damages within the proper time-frame is all the more reason to make sure you have a highly skilled attorney.

At Edelstein, Martin & Nelson, we understand the incredibly intricate ins and outs of every kind of medical malpractice case. We pride ourselves on recovering all the damages you deserve from an injury that was out of your control. If you have been the victim of medical negligence and suffered an injury as a direct result, call 888-208-1810 to schedule your free consultation today.

Sources:

http://www.ncsl.org/research/financial-services-and-commerce/medical-liability-medical-malpractice-laws.aspx

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3088386/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2690332/