Paul R. Brazil, Esquire
Filing a medical malpractice lawsuit can feel daunting, especially when you're dealing with the physical, emotional, and financial consequences of medical negligence.
In Pennsylvania, understanding the statute of limitations, the legal deadline for filing a claim, is important to protecting your rights.
If you or a loved one has been harmed due to a medical error, you may be entitled to pursue compensation through a Pennsylvania medical malpractice lawsuit. This article will break down the Pennsylvania medical malpractice statute, explain exceptions, and help you understand how a qualified Pennsylvania medical malpractice attorney can guide you through this complicating process.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or medical facility, fails to meet the accepted medical standard of care, resulting in harm to a patient. This can include:
- Misdiagnosis or delayed diagnosis that causes the patient’s condition to worsen.
- Errors during a medical procedure, such as surgery or treatment.
- Failure to obtain a patient’s informed consent before providing medical treatment.
Pennsylvania medical malpractice claims can be filed against medical professionals, hospitals, or healthcare providers when their negligence leads to serious injuries or other damages. If you believe medical malpractice occurred in your case, you may have the right to file a medical malpractice lawsuit and pursue compensation for your losses.
Pennsylvania Statute of Limitations
Under Pennsylvania law, the statute of limitations for medical malpractice cases is generally two years. This means an injured patient or surviving family members must file a medical malpractice lawsuit within two years of when the alleged malpractice occurred.
However, the limitations period can vary based on the specifics of the case:
- Discovery Rule: If the injury caused by medical negligence was not immediately apparent, the statute of limitations begins when the patient discovers, or reasonably should have discovered, the injury.
- Fraudulent Concealment: If a healthcare provider intentionally hides malpractice, the time limit may be extended.
- Claims Involving Minors: For minors, the statute of limitations is paused until their 18th birthday, allowing them until age 20 to file a claim.
It’s important to act promptly. Missing the limitations deadline could prevent you from pursuing compensation, even if medical malpractice occurred. Consulting experienced Pennsylvania medical malpractice lawyers guarantees that your case is filed within the appropriate timeframe.
Exceptions to the Statute of Limitations
While Pennsylvania's statute of limitations for medical malpractice cases is typically two years, several exceptions can alter this timeframe:
- Discovery Rule: If an injured patient was unaware of their injury or its connection to medical negligence, the statute begins when the injury is discovered or reasonably should have been discovered through due diligence.
- Claims Involving Minors: Pennsylvania law allows minors who have suffered medical malpractice to file a claim until their 20th birthday. This guarantees that young victims have the opportunity to seek justice after reaching adulthood.
- Fraudulent Concealment: If a healthcare provider deliberately conceals evidence of malpractice, the statute of limitations may be extended.
- Foreign Objects: In cases where a foreign object, such as a surgical instrument, is left inside a patient’s body, the statute starts when the object is discovered.
Filing a Medical Malpractice Lawsuit
If you have suffered due to medical negligence, taking the right steps early can strengthen your case. Filing a medical malpractice lawsuit involves:
- Seeking Medical Attention: Your health is the priority. Make sure that you receive proper care for the injuries caused by the alleged malpractice.
- Gathering Evidence: Collect medical records, treatment plans, and other documentation to establish what went wrong.
- Consulting a Medical Malpractice Attorney: A Pennsylvania medical malpractice attorney can review your case, determine its viability, and guide you through the legal process.
It’s important to act quickly to meet the limitations deadline and preserve evidence. An attorney can also help you manage the challenges of Pennsylvania medical malpractice law, from filing an initial complaint to negotiating with insurance companies or pursuing compensation in court.
Medical Malpractice Claim Requirements
To successfully pursue a medical malpractice claim in Pennsylvania, specific elements must be proven:
- Duty of Care: A doctor-patient relationship must be established, meaning the healthcare provider owed you a professional duty of care.
- Breach of Duty: The medical professional failed to meet acceptable professional standards, such as making a medical error or providing substandard medical care.
- Causation: The breach directly caused your injuries, and evidence must show that the harm would not have occurred if the accepted medical standard had been followed.
- Damages: You suffered measurable losses, such as medical expenses, lost income, or pain and suffering, due to the injury.
Medical Malpractice Lawsuits: What to Expect
Filing a medical malpractice lawsuit in Pennsylvania involves several steps, and understanding the process can help set realistic expectations:
Case Evaluation: Your attorney will thoroughly review your case, including medical records and expert opinions, to determine if malpractice occurred.
Filing the Complaint: A formal complaint is filed in court to initiate the lawsuit. This outlines the alleged malpractice and the damages you’re seeking.
Discovery Phase: Both parties exchange evidence, take depositions, and build their cases. This stage often involves testimony from medical experts.
Negotiation and Settlement: Many malpractice claims are resolved through settlements. Your attorney will negotiate with the opposing party to secure fair compensation.
Trial (if Necessary): If a settlement cannot be reached, your case may proceed to trial, where your attorney will advocate for your rights and present compelling evidence to the court.
Financial Awards or Damages
In Pennsylvania medical malpractice lawsuits, injured patients and their families can pursue financial compensation for both economic and non-economic damages, such as:
- Medical Expenses: Costs for treatments, surgeries, rehabilitation, and ongoing care.
- Lost Wages: Compensation for missed work or reduced earning capacity due to injuries.
- Pain and Suffering: Non-economic damages for physical pain and emotional distress caused by the malpractice.
In rare cases, punitive damages may be awarded if the healthcare provider’s actions were reckless or intentionally harmful. A lawyer will assess your damages thoroughly to see that you receive fair compensation.
Hospital Liability in Medical Malpractice Cases
Hospitals and medical facilities can be held accountable if their negligence contributed to a patient’s injury. This includes:
- Employee Actions: Hospitals may be liable for the actions of nurses, technicians, and other staff members.
- Institutional Failures: Issues like inadequate training, improper staffing, or unsafe procedures can result in hospital malpractice.
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Negotiating with Insurance Companies
Dealing with insurance companies can be one of the most challenging aspects of a medical malpractice lawsuit. Insurance providers often aim to minimize payouts, making it important to have an advocate on your side.
A Pennsylvania medical malpractice attorney will:
- Handle Communication: Ensuring nothing you say can be used against your claim.
- Negotiate Fair Compensation: Advocating for the financial compensation you deserve for medical expenses, lost wages, and other damages.
- Managing Policies: Interpreting the fine print of insurance agreements to protect your rights.
By allowing your attorney to manage negotiations, you can focus on your recovery while they work to secure the best possible outcome.
Take Action Today: Get the Help You Deserve
If you or a loved one has suffered due to medical negligence, don’t wait to seek justice. Pennsylvania's statute of limitations places a time limit on filing a medical malpractice lawsuit, so acting quickly is essential to protect your rights.
At Muller Brazil, our experienced Pennsylvania medical malpractice lawyers are dedicated to helping injured victims and their families pursue the compensation they deserve. From understanding Pennsylvania medical malpractice law to advocating for you in court, we are here to support you every step of the way.
Contact us today for a free consultation. Let us evaluate your case, answer your questions, and help you move forward with confidence. Call us at 215.885.1655 or email us at info@mullerbrazil.com to get started.
Meet the Author
Paul Brazil - Founding Partner
Paul Brazil is a native of Dunmore, Pennsylvania and a graduate of Dunmore High School. For his undergraduate education, he attended Bloomsburg University where he majored in political science. He then went on to earn his JD from Widener University School of Law. Following graduation from law school, Mr. Brazil worked at a large Philadelphia civil defense firm where he litigated workers’ compensation claims and Heart and Lung Act cases.
Learn more about Paul Brazil ⇒