Medical malpractice occurs when a healthcare provider’s negligence leads to patient harm. In Pennsylvania, the law protects victims of medical malpractice by offering legal avenues for compensation when a doctor, hospital, or medical professional fails to provide the expected standard of care.
If you or a loved one has been harmed due to medical negligence in Pennsylvania, understanding your legal rights and the steps involved in filing a claim is crucial. This guide will provide a comprehensive breakdown of medical malpractice laws in Pennsylvania, common types of claims, and what you need to do to take legal action.
What is Medical Malpractice in Pennsylvania?
Medical malpractice refers to a situation where a healthcare provider causes injury, harm, or even death due to negligence or substandard care. This type of negligence can occur in hospitals, private clinics, surgical centers, or even a physician’s office.
How Malpractice is Defined
For a medical malpractice claim to be valid, the healthcare provider must have made an error or omission that deviated from the accepted medical standard, and this mistake must have led to the patient’s injury. It is important to note that not all medical errors are considered malpractice. To qualify, the mistake must result in significant harm that could have been prevented if the proper care had been provided.
Common Examples of Malpractice
Some common scenarios where malpractice claims arise include:
- Misdiagnosis or delayed diagnosis of a serious condition like cancer or stroke.
- Surgical mistakes, such as performing surgery on the wrong site or leaving instruments inside a patient.
- Medication errors, like prescribing the wrong dosage or the wrong drug.
- Birth injuries due to improper handling of labor complications.
- Anesthesia errors leading to brain damage or death.
- Hospital negligence, including infections due to poor sanitation or improper patient care.
Medical Negligence vs. Medical Malpractice: Key Differences
Many people assume that medical negligence and medical malpractice are the same, but they have distinct legal meanings.
What is Medical Negligence?
Medical negligence refers to an unintentional mistake made by a healthcare provider that does not necessarily result in harm. This could be a case where a doctor prescribes the wrong medication, but the patient does not suffer any negative effects because the mistake was quickly corrected. It is considered a lapse in judgment or an error without the intent to cause harm.
What is Medical Malpractice?
Medical malpractice, on the other hand, occurs when a healthcare provider’s negligent actions directly cause harm to a patient. In these cases, the provider either ignored critical medical information, failed to act on a diagnosis, or made a reckless decision that resulted in severe injury or even death.
For example, if a doctor fails to diagnose cancer despite clear symptoms and test results, leading to the patient’s condition worsening, it is considered malpractice. The key legal difference lies in proving that the provider’s mistake directly resulted in harm. If no harm was caused, a malpractice claim is unlikely to succeed.
Pennsylvania Medical Malpractice Laws
Pennsylvania has specific laws governing medical malpractice claims, including deadlines, requirements, and damage limitations.
Statute of Limitations for Medical Malpractice in Pennsylvania
The statute of limitations is the legal timeframe within which a medical malpractice lawsuit must be filed. In Pennsylvania, you typically have two years from the date you discovered, or should have reasonably discovered, the injury to file a claim.
However, there are exceptions to this rule. If the victim was under 18 at the time of malpractice, they have until their 20th birthday to file a claim. If the healthcare provider deliberately concealed the malpractice, the time limit may be extended. In wrongful death cases, the deceased’s family has two years from the date of death to file a malpractice claim.
Failing to file within the statute of limitations can result in the case being dismissed, making it essential to act quickly.
Certificate of Merit Requirement
In Pennsylvania, you cannot file a medical malpractice lawsuit without first obtaining a Certificate of Merit. This certificate is a sworn statement from a qualified medical expert who has reviewed the case and believes that malpractice likely occurred.
The purpose of this requirement is to prevent frivolous lawsuits by ensuring that only legitimate malpractice claims proceed to court.
Damage Caps in Pennsylvania
Unlike some states, Pennsylvania does not impose caps on the amount of compensation a patient can receive for economic and non-economic damages in medical malpractice cases.
However, punitive damages, which are awarded in cases of extreme negligence or intentional misconduct, are capped at twice the amount of compensatory damages. Additionally, a portion of punitive damages awarded must be paid into the state’s Medical Care Availability and Reduction of Error Fund (MCARE).
How to Prove Medical Negligence in Pennsylvania
Winning a medical malpractice lawsuit requires proving four key legal elements.
Duty of Care
The patient must show that the healthcare provider had a professional obligation to provide competent medical treatment. This is established by proving that a doctor-patient relationship existed.
Breach of Duty
The patient must demonstrate that the healthcare provider failed to meet the standard of care expected in the medical profession. This means proving that another competent doctor in the same situation would not have made the same mistake.
Causation
The patient must prove that the healthcare provider’s mistake directly caused the injury. This can be one of the most challenging aspects of a malpractice case because the defendant may argue that the patient’s condition would have worsened regardless of the doctor’s actions.
Damages
The patient must show that they suffered harm, whether physical, financial, or emotional, as a result of the malpractice. This can include medical bills, lost income, long-term disability, or pain and suffering.
Common Types of Medical Malpractice Cases in Pennsylvania
Medical malpractice can take many forms. Some of the most common cases in Pennsylvania include:
Surgical Errors
Mistakes during surgery can have devastating effects, including operating on the wrong body part, leaving surgical instruments inside a patient, or causing nerve or organ damage during surgery.
Misdiagnosis or Failure to Diagnose
Delays or errors in diagnosis can lead to severe consequences when conditions like cancer, heart disease, or infections go untreated.
Medication Errors
Common medication errors include prescribing the wrong drug, incorrect dosages, or failing to check for harmful drug interactions.
Birth Injuries
Medical negligence during childbirth can result in brain damage, nerve injuries, and conditions like cerebral palsy due to improper handling of labor and delivery.
Filing a Medical Malpractice Claim in Pennsylvania
1. Consult a Medical Malpractice Attorney
The first step in filing a malpractice claim is to consult an experienced attorney. A lawyer will evaluate your case, ensure it meets legal requirements, and guide you through the process.
2. Obtain Medical Records and Expert Review
Your attorney will gather medical records, prescriptions, test results, and surgical notes. A medical expert will review these documents to determine if the provider failed to meet the standard of care and caused harm.
3. File a Certificate of Merit
Pennsylvania law requires a Certificate of Merit, confirming that a qualified medical expert supports your claim. Without it, your case may be dismissed.
4. Negotiate a Settlement
Most malpractice cases settle out of court. Your lawyer will negotiate for compensation covering medical expenses, lost wages, and pain and suffering. If a fair settlement isn’t reached, the case proceeds to trial.
5. File a Lawsuit and Go to Court
If necessary, your attorney will file a lawsuit, present evidence, and call expert witnesses. A judge or jury will decide the case and determine compensation.
Frequently Asked Questions About Medical Malpractice in Pennsylvania
What qualifies as medical malpractice in Pennsylvania?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. This could involve misdiagnosis, surgical errors, medication mistakes, birth injuries, or failure to provide timely treatment.
How long do I have to file a medical malpractice claim in Pennsylvania?
The statute of limitations for medical malpractice in Pennsylvania is generally two years from the date the injury was discovered or should have been discovered. In cases involving minors, they have until their 20th birthday to file a claim. If malpractice was deliberately concealed, the deadline may be extended.
What damages can I recover in a medical malpractice lawsuit?
Compensation may include medical expenses, lost wages, pain and suffering, rehabilitation costs, and emotional distress. In cases of extreme negligence, punitive damages may also be awarded.
Do I need a medical expert to prove my case?
Yes, Pennsylvania law requires a Certificate of Merit, which means a qualified medical expert must review your case and confirm that malpractice likely occurred. This is necessary to proceed with a lawsuit.
Can I sue a hospital for medical malpractice?
Yes, if the hospital’s negligence contributed to your injury, such as hiring unqualified staff, failing to enforce safety protocols, or providing inadequate care. However, if the malpractice was committed by an independent physician, the hospital may not be liable.
Contact Purchase, George & Murphey, P.C. Today
If you or a loved one has suffered due to medical malpractice in Pennsylvania, you do not have to face this battle alone. Navigating the legal system and proving negligence requires expert guidance. A qualified medical malpractice attorney can help you fight for justice and secure the compensation you deserve.
Do not wait too long—Pennsylvania has strict deadlines for filing claims. Contact Purchase, George & Murphey, P.C. today for a free consultation and take the first step toward holding negligent healthcare providers accountable.
