Medical malpractice is a grave concern that affects countless individuals across Pennsylvania. When medical professionals fail to uphold the standard of care, patients suffer harm that can have long-lasting consequences. Gibson & Perkins, PC understands the impact of medical negligence and aims to help victims seek justice and obtain the compensation they deserve. In this article, we will explore the common causes of medical malpractice in Pennsylvania, the legal remedies available, and the requirements for pursuing a medical malpractice claim in the state.
Common Causes of Medical Malpractice
Misdiagnosis or Delayed Diagnosis:
Misdiagnosis occurs when a medical professional fails to correctly identify a patient’s condition, leading to improper treatment or delays in necessary treatment. Similarly, delayed diagnosis can result in worsening of the patient’s condition and preventable complications.
Surgical Errors:
Surgical errors encompass a wide range of mistakes, including wrong-site surgery, anesthesia errors, negligent postoperative care, and leaving foreign objects inside the patient’s body. These errors can lead to severe injuries, infections, or even fatalities.
Medication Errors:
Medication errors involve mistakes in prescribing, administering, or monitoring medications. Such errors can lead to adverse drug reactions, drug interactions, or incorrect dosages, which can have detrimental effects on patients’ health.
Birth Injuries:
Birth injuries can occur due to negligent prenatal care, mistakes during delivery, or inadequate monitoring of the mother and baby. These injuries can lead to conditions such as cerebral palsy, Erb’s palsy, or other permanent disabilities.
Anesthesia Errors:
Anesthesia errors can result in serious complications or even death. These errors may include administering an incorrect dosage, failing to monitor the patient’s vital signs adequately, or using defective equipment during anesthesia administration.
Legal Remedies for Medical Malpractice in Pennsylvania
Filing a Medical Malpractice Lawsuit:
To seek compensation for medical malpractice, the first step is filing a lawsuit. Pennsylvania law requires filing the lawsuit within two years from the date when the patient knew or reasonably should have known, about the injury caused by medical negligence. This time frame is known as the statute of limitations.
Expert Testimony:
In Pennsylvania, medical malpractice cases must be supported by expert testimony. A qualified medical expert must establish the standard of care that should have been followed and demonstrate how the defendant’s actions deviated from that standard, causing harm to the patient.
Compensation for Damages:
Successful medical malpractice claims can result in various types of compensation, including economic damages (medical expenses, lost wages, etc.), non-economic damages (pain and suffering, emotional distress), and in certain cases, punitive damages (intended to punish the defendant for extreme negligence).
To pursue a medical malpractice claim in Pennsylvania, there are specific legal requirements that must be met. Understanding these requirements is essential when seeking justice for medical negligence:
Standard of Care:
Medical professionals are expected to provide a standard of care that is reasonably skillful and careful. To establish a medical malpractice claim, it is necessary to demonstrate that the healthcare provider deviated from this standard of care. This typically requires expert testimony to establish what a competent medical professional would have done in similar circumstances.
Causation:
Proving causation is a crucial element of a medical malpractice claim. It must be demonstrated that the healthcare provider’s breach of the standard of care directly caused the patient’s injuries or harm. This can be complex, as it requires showing that the injuries would not have occurred without the healthcare provider’s negligence.
Statute of Limitations:
As mentioned earlier, Pennsylvania has a statute of limitations that limits the time within which a medical malpractice lawsuit can be filed. In most cases, the lawsuit must be filed within two years from the date when the patient knew, or reasonably should have known, about the injury. However, there are exceptions to this rule, such as cases involving foreign objects left inside the body, where the statute of limitations may be extended.
Certificate of Merit:
Pennsylvania law requires that a Certificate of Merit be filed with the lawsuit. This certificate confirms that the plaintiff’s attorney has consulted with a qualified medical expert who has reviewed the case and believes that there is a reasonable probability that medical negligence occurred.
Comparative Negligence:
Pennsylvania follows the doctrine of comparative negligence, which means that the court will consider the comparative fault of all parties involved. If the patient is found to have contributed to their injuries to some extent, their compensation may be reduced proportionately.
If you believe that you or a loved one has been a victim of medical malpractice in Pennsylvania, it is vital to act promptly. Time is of the essence due to the statute of limitations, and seeking legal representation as soon as possible can help protect your rights and build a strong case.
At Gibson & Perkins, PC, our skilled medical malpractice attorneys have the knowledge and experience necessary to navigate the complexities of medical negligence cases in Pennsylvania. We are committed to fighting for the rights of victims and holding negligent healthcare providers accountable.
Contact us today for a free consultation and let us assess the merits of your case. We will provide you with compassionate support, and thorough legal guidance, and work diligently to pursue the compensation you deserve.