- What is medical malpractice?
- How to prove a medical malpractice suit
- Medical malpractice statute of limitations
- Capping medical malpractice damages
- Who can you sue for medical malpractice?
- Common causes and types of medical malpractice lawsuits
- Why choose The Reiff Law Firm medical malpractice lawyers?
Medical Malpractice Lawyers Serving Philadelphia
We trust that doctors, nurses, surgeons, anesthesiologists, and other healthcare professionals will support and care for us in our times of need. Unfortunately, even at world-renowned hospitals and healthcare systems, this support is not always provided.
When doctors are careless, negligent, or underqualified, innocent patients can be seriously injured, permanently disabled, or even killed. The experienced Philadelphia medical malpractice lawyers at Reiff Law Firm will help you recover compensation if you were hurt due to medical negligence from a doctor or healthcare institution.
What is Medical Malpractice in Pennsylvania?
Medical malpractice can be defined as the negligent act or failure to act by a healthcare provider. You may be compensated for a medical malpractice personal injury claim if the doctor or hospital breached a reasonable standard of care.
Proving a medical malpractice claim in Pennsylvania
A medical procedure with a poor outcome is not enough to warrant a medical malpractice personal injury or wrongful death claim in Pennsylvania. A patient can be compensated only if the medical provider’s negligence caused injury or damages.
There are four main elements of a medical malpractice lawsuit. If the following elements apply to your situation, you may have a case against your doctor or hospital for medical malpractice.
- The doctor, or another healthcare professional, owed the patient a legal duty of care.
- The doctor violated, or “breached,” the appropriate medical standard of care.
- This breach is the cause of the patient’s injury, illness, or death.
- The patient suffered harm as a result of the doctor’s medical negligence.
Basically, you will need to prove the breach of care, prove the full extent of your injuries, and prove the injury was caused by medical negligence and not an unrelated event.
What is the Statute of Limitations for medical malpractice lawsuits?
Generally, in Pennsylvania, you have two (2) years from the date of injury to file a medical malpractice or medical negligence claim. In certain cases, you may still have a right to file a malpractice claim for up to seven (7) years if your claim meets the following conditions:
- A reasonable delay in finding the injury
- The victim was under the age of 18 at the time of injury
- The medical provider fraudulently hid details relevant to your medical negligence case, or
- A foreign object was left in the body after surgery
An experienced medical malpractice attorney in Philadelphia will be familiar with Pennsylvania medical malpractice law. They can help you determine whether your case is still eligible to be filed.
Are there caps on damages for medical malpractice suits in Pennsylvania?
Pennsylvania does not place a limit on the economic or non-economic damages awarded during a medical negligence suit. These damages may include:
- Past, present, and future medical bills related to the injury or damages
- Past, present, and future income or wage losses
- Compensation for pain, suffering, and emotional distress
The state of Pennsylvania does, however, place a limit on punitive damages to be awarded. Punitive damages are only available if the doctor or medical provider’s actions were egregious or dangerous and are limited to 2x the amount of actual damages.
Who can be held liable for my medical malpractice injuries?
You are able to sue any medical professional or institution that caused you injury, illness, or death by way of medical negligence. These healthcare experts may include:
- Physician Assistants (PAs)
- Nurse Practitioners
- Specialists (cardiologists, neurologists, etc.)
- Hospital staff or administration
Causes and types of medical malpractice claims in Pennsylvania
Unfortunately, serious medical mistakes are more common than most individuals realize. A recent study led by researchers from Johns Hopkins Medicine revealed medical errors to be the third leading cause of death in the United States, accounting for an estimated 250,000 fatalities each year: a figure surpassed only by deaths related to cancer and cardiovascular disease. Nonfatal injuries are even more common.
There are many different forms of medical negligence, but all have the potential to be extremely dangerous for patients. In addition to the physical injuries and emotional damage that medical malpractice can cause, the victims typically suffer tremendous financial setbacks. Common types of medical malpractice claims include:
- Birth Injury Medical Malpractice
- Failure to Diagnose / Delayed Diagnosis
- Medical Misdiagnosis / Incorrect Diagnosis
- Prescription Drug and Medication Errors
- Surgical Errors or Mistakes
Why Choose The Reiff Law Firm? – Philadelphia Medical Malpractice Lawyers
If you were harmed by a medical provider due to medical negligence, you may be entitled to compensation for your medical bills, pain and suffering, lost earnings, and other damages. You should immediately consult with a medical malpractice lawyer to help you get the compensation you deserve.
Insurance companies will do nearly anything to devalue or outright deny your medical malpractice claim for damages. Doctors and nurses may play the ‘blame game’, making it difficult to determine fault or liability for an injury caused by medical negligence.
An experienced medical malpractice lawyer will work with medical experts to investigate whether a medical mistake is the cause of your injuries. They will also help you to properly calculate your damages.
The Philadelphia medical malpractice attorneys at The Reiff Law Firm have nearly four decades of experience representing personal injury and wrongful death victims in Pennsylvania. To discuss a potential medical malpractice claim in a free and completely confidential legal consultation, call us at (215) 246-9000, or contact us online.