What Is Medical Malpractice In Pennsylvania?
Medical malpractice refers to a specific area of law that covers negligence of health care providers. In the most basic terms, medical malpractice is negligence in a medical setting. Negligence is the failure to take proper care while doing something. If a medical professional in a medical setting failed to take proper care while practicing or administering medical care, they have committed medical malpractice.
What Are Some Examples Of Injuries Or Situations That May Lead To Medical Malpractice Claims?
Medical malpractice can be the failure to warn a person of side effects, prescribing incorrect medications, birth injuries, mistakes made during the delivery of babies, failure to respond to a patient in distress, improper and delayed diagnosis, outpatient procedures, and abuse or negligence.
Who Can Actually Bring A Claim For Medical Malpractice?
Anyone who has been the victim of a medical mistake or actual medical error and that caused injury or harm can bring a medical malpractice claim.
What Elements Constitute A Viable Medical Malpractice Claim?
Medical malpractice is the failure to act potently while engaging in health care or medical care. It’s the breach of the standard of care. First, you have to show that the medical provider acted in a way that was not appropriate, made an error or mistake, or engaged in a procedure that wasn’t in compliance with the standard of care. You have to show that the breach or error was the specific cause of your harm. It has to be shown that the harm caused you to suffer damages, such as pain and suffering, humiliation, loss of income, and/or medical expenses.
In medical malpractice cases, the more egregious the error and significant the harm, the stronger the case.
Can I File A Medical Malpractice Claim Against My Health Care Provider Even If The Procedure Did Not Involve Surgery?
If you were harmed during a procedure under the care of a medical professional that did not involve a surgery, you could still file a medical malpractice claim. A mistake in an operation is just one type of medical malpractice. There are numerous types of errors that can be made in a medical setting. A mistake during a surgery is just one type.
Can I File A Medical Malpractice Claim Even If I Signed A Consent Form Prior To The Medical Procedure That Caused My Injury?
Medical malpractice defendants will often point to signed informed consent forms or known risk of a procedure warning as a defense. However, just because an informed consent was signed or the procedure involved known risks, that doesn’t mean a medical malpractice lawsuit is off the table. Doctors or medical providers must obtain informed consent before proceeding with the course of a treatment. This may require a warning to the patient of the risk of undergoing an operation or possible side effects of a medication. A medical professional’s legal duty is not to perform every surgery or procedure perfectly, but to exercise reasonable care and protect the patient from unreasonable harm. Therefore, even if you sign something, they still have to exercise reasonable care and protect you from unreasonable harm.
What Damages Are Recoverable In A Medical Malpractice Claim?
You can recover several forms of damages, medical costs (which could be past present, and future medical costs), lost income damages for pain, suffering, humiliation, and anxiety loss of enjoyment of life etc.
How Long Do I Have To Bring A Medical Malpractice Claim In Pennsylvania?
The statute of limitations to bring a medical malpractice claim in Pennsylvania is two years. However, there is an exception known as the discovery rule. The discovery rule implies that you have two years from the date that you realize a medical error occurred to file a lawsuit. However, it’s a very fact specific inquiry. An example would be if an error transpired and you had no idea – harm didn’t take place until several years later, and you couldn’t have possibly known within the two-year timeframe. In such case, you get two years from the time you were first notified of the error.
What Sets You And Your Firm Apart In Handling Medical Malpractice Cases?
What sets our firm apart from others is our attention to detail. Clients who have dealt with other lawyers always complain how they rarely returned their phone calls. Their previous lawyer was not keeping them informed about the case. We offer a personal touch. We’re in constant contact with our clients and inform them every step of the way. We let them know what we’re doing, how we’re doing it, and why we’re doing it.
For more information on Medical Malpractice Claims In Pennsylvania, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (215) 795-5940 today.