What Are Medical Malpractice Damages and How Does It Work In Pennsylvania?

What Are Medical Malpractice Damages and How Does It Work In Pennsylvania?

Suppose you live in Pennsylvania and you are wondering what it takes to file a medical malpractice damage lawsuit. You are not the first to have been affected by a doctor’s mistake or accident. Medical malpractice lawsuits can be quite complicated, and you cannot do all that you need to do by yourself.

This article provides an overview of medical malpractice within the Pennsylvania legal framework, explaining what it is and vital aspects to note.

What Are Medical Malpractice Damages?

Medical malpractice is the term given to a scenario when a healthcare facility or professional offers a lower level of healthcare than the required standard. The result of medical malpractice is the damages or harm the patient suffers, which can be a worsening of an existing condition or injury. Sometimes, this can result in the death of a patient.

In many states, patients or their relatives can sue healthcare professionals and businesses for damages and compensation. They can do this only if they have been affected in any way by the actions of the healthcare professional or facility. Essentially, there are some aspects involving cases like this that one needs to note to increase the chances of success.

Some Important Aspects of Medical Malpractice Laws in Pennsylvania

While you may be eager to file a malpractice claim to get the desired compensation, you have to ensure every necessary step has been followed. Here are some things to take note of before filing for medical malpractice damages:

The Statute of Limitations in Pennsylvania

Every state in the U.S. is guided by certain laws called “statutes of limitations.” These laws are so named as they set limits on when citizens can file lawsuits in the state’s court system. Each case type has its deadline, and the laws are quite strict when enforcing these time limits. This means that a case will not be filed if it is filed outside the specified time limits for that case type.

In Pennsylvania, the statute of limitations specific to medical malpractice claims is two years from the alleged occurrence. “Plaintiffs have two years from the accident to file a report against the individual or facility that made the error,” says the attorney Eric H. Weitz of The Weitz Firm, LLC.

While this is strictly followed, there are exemptions for some cases. One of these exemptions comes into play when the plaintiff is a minor. The other exemptions kick in when the plaintiff’s attorney can prove beyond reasonable doubt that there was no way the plaintiff could have known about the malpractice.

The Certificate of Merit Requirement in Pennsylvania

Like many other state laws, Pennsylvania law requires that plaintiffs add a certificate of merit to their claim. This document must show that a certified healthcare professional has agreed to any of the following:

• That there is a “reasonable possibility” that the defendant did not offer the required medical standard of care,
• That the professional was directly responsible for the error and
• That there would be no need for expert witnesses.

Without this certificate or document, a Pennsylvania court cannot attend to your case.

Medical Malpractice Damage Caps and Limits in Pennsylvania

Some states place caps on the damages that can be awarded to a plaintiff who has won a medical malpractice case, but Pennsylvania is not one of them. However, for cases where dangerous conduct is shown, Pennsylvania caps the punitive damages at twice the amount of actual damages. However, cases of this nature are quite rare in Pennsylvania.

Conclusion

You can file for compensation if medical malpractice has affected you. Considering that there are numerous rules for cases like this, you can work with a lawyer who has experience in the medical malpractice field. That way, you stand a better chance of establishing your claim and getting the compensation you deserve.