What are the medical malpractice laws in Pennsylvania?

Medical malpractice cases are often complex because of the advanced medicine and science involved. Medical malpractice lawsuits are confounded further by the complicated medical malpractice laws in Pennsylvania. To analyze every medical malpractice law in Pennsylvania would take up more space than this post allows. But the following is a brief overview of some of the main medical malpractice laws that your Philadelphia medical malpractice lawyer will need to know. 

Statute of Limitations: How Much Time Do You Have to File a Medical Malpractice Case in Pennsylvania? 

In Pennsylvania, you have two years from the date you knew or should have known that your injury was the result of the defendants’ negligence to file your medical malpractice lawsuit.  But sometimes a plaintiff doesn’t have to file a lawsuit within two years. If the plaintiff is a minor, for example, they may have more than two years to file a lawsuit. Children who are injured in Pennsylvania are treated differently from adults who are injured. Children have more time to file a lawsuit than the strict two-year timetable for adults. In Pennsylvania, the child can file a lawsuit up to two years after the child turns 18 (i.e., up until their 20th birthday). But you should never wait that long to consult a Philadelphia medical malpractice attorney. Indeed, while your child’s case doesn’t expire until your child turns 20, your case expires two years after you knew or should have known that your child’s injury was someone’s fault. 

Elements of Medical Malpractice: What Do You Need to Prove When Filing Your Claim?

In order to prove a medical malpractice claim, the medical malpractice lawyer will have to prove the following four essential elements:

1.     DUTY. The medical malpractice lawyer in Philadelphia has to establish that there was a doctor/patient (or healthcare staff/patient) relationship. They might ask: was this medical provider charged with taking care of the patient and/or accepted the responsibility of caring for this patient? If the answer is yes, then duty has been established.
2.     BREACH OF DUTY. Once the medical malpractice lawyer has proven that the medical provider had a duty to care for the patient, the attorney must next prove that the medical professional breached that duty. In other words, they have to prove that the defendantl failed to provide the standard of care expected of them.

3.     CAUSATION. If the medical malpractice lawyer in Philadelphia can establish that the patient’s injury would not have occurred if it weren’t for the defendants’ actions or inactions, then they have proved causation. In other words, in order for the medical malpractice claim to be successful, the attorney must prove that the medical provider’s mistake – their negligence – led to the patient’s injuries and/or increased the patient’s risk of harm of sustaining their injuries. It’s not necessary to prove that the medical professional’s negligent actions were the only cause of the patient’s injuries. It’s only necessary to prove that the medical provider’s negligence increased the risk of harm to the patient.
4.     DAMAGES. The Philadelphia medical malpractice attorney will need to establish that, as the result of the medical professional’s medical negligence, the patient suffered injuries. These injuries may be new injuries or they may be an old injury that has been aggravated or worsened due to the medical professional’s mistake.

If the medical malpractice attorney can prove the above four elements, the client’s medical malpractice claim will have all the essential elements to move forward in a court of law.

How can a Pennsylvania medical malpractice attorney help?

An experienced Pennsylvania medical malpractice lawyer understands the various laws and essential techniques involved, including how and when to file the Complaint and Certificate of Merit, the best strategies for collecting and preserving evidence, and how to work up your case so that it’s ready to win at trial.

If you’d like help from an experienced medical malpractice attorney in Philadelphia, contact VSCP Law.