We place significant trust in our medical doctors. When a healthcare provider makes a mistake, however, it can seriously harm the patient. In Pennsylvania, patients harmed by a provider’s negligence can sue for medical malpractice.
If you’ve been a victim of medical malpractice, it’s important to understand Pennsylvania’s medical malpractice laws. From special statute of limitations rules to expert testimony, an experienced medical malpractice attorney can help you understand your rights and whether your claim is likely to succeed.
What Is Medical Malpractice?
Medical malpractice happens when a healthcare provider’s care falls below generally accepted standards, and as a result, the patient suffers harm. Common examples include:
- Birth injuries
- Failure to obtain informed consent
- Medication mistakes
- Misdiagnosis and delayed diagnosis
- Surgical errors
To succeed, a plaintiff has to show that the provider had an obligation to provide competent care, they failed to do so, and as a result, the plaintiff suffered physical, emotional, or financial harm.
Pennsylvania’s Medical Malpractice Statute of Limitations
Medical malpractice claims are a type of personal injury claim. However, specific rules apply when filing this type of lawsuit.
Pennsylvania has a general two-year deadline to file a personal injury lawsuit. The clock starts ticking on the date of the injury. However, some injuries aren’t immediately apparent. This is common in misdiagnosis and delayed diagnosis cases. Another example is when a surgeon leaves a surgical sponge in a body cavity – the mistake is unlikely to be discovered right away.
In cases where the injury isn’t immediately apparent, the statute of limitations begins when the injury is or should have been discovered. There is one major exception for minors. If the patient was a minor at the time of the injury, they have either until their 20th birthday or seven years from the date of the injury to file a claim, whichever comes later.
It’s important to file a claim as soon as you discover the injury. If you fail to file on time, your case will likely be dismissed.
Filing a Certificate of Merit
Pennsylvania also requires anyone filing a medical malpractice claim to obtain a “certificate of merit.” This helps ensure that only valid claims get filed.
Your medical malpractice attorney will ask a medical expert to review the case and confirm that your healthcare provider was negligent. The certificate of merit will be filed along with the lawsuit.
Potential Compensation for Victims
If your lawsuit is successful, you will receive compensation. Common medical malpractice damages include:
- Economic Damages – This includes medical bills, lost wages, and future medical expenses.
- Non-Economic Damages – These damages encompass pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages – Punitive damages are rare. They’re typically awarded when a provider demonstrates egregious negligence.
Discuss Your Medical Malpractice Claim with a Pennsylvania Personal Injury Lawyer
If negligent healthcare providers have injured you or a loved one, help is available. Don’t delay: contact the personal injury attorneys at SMT Legal by calling 412-765-3345 or filling out our contact form.
