Thursday, May 11, 2017
An Easy Primer On Medical Malpractice
Incidents of medical malpractice occur every day in Pennsylvania. No matter what causes the injuries associated with any medical procedure or treatment, if such injuries could have been avoided by the use of the accepted standard of care, a person may be entitled to compensation. Filing a claim for medical malpractice requires a lengthy analysis as it involves the review of medical records such as X-Rays, medical charts, doctors’ notes, and any other documentation substantiating a claim.
Medical malpractice, like most personal injury cases, is typically based on the legal theory of negligence. An injured patient must prove that the physician did not act reasonably or with the skill and care that a reasonably qualified doctor would have demonstrated under similar circumstances. Unlike other states, Pennsylvania law places no limits on compensatory or punitive damages in medical malpractice cases.
In Pennsylvania, any health care provider may be held legally responsible for incidents of medical malpractice. A health care provider is defined as a licensed individual or entity that provides medical services or treatment to patients. A health care provider includes individuals such as doctors, nurses, specialists, dentists, and even midwives. Medical facilities such as hospitals, clinics, nursing homes, and emergency care centers are also considered health care providers.
To recover damages for injuries caused by a negligent health care provider, an injured party must file a medical malpractice suit within two years of discovering the injury, or two years from the date the injury reasonably should have been discovered. A party may not file any medical malpractice suit more than seven years after the date the negligent act or omission occurred, although Pennsylvania law provides some exceptions to these filing limitations for minors.
If you or a loved one has suffered any type of injury as a result of an accident or incident of medical malpractice, including surgical errors or negligence during pregnancy or childbirth, contact Powell Law at call (570) 961-0777. The consultation is FREE and you don’t pay anything unless we win.
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