What You Should Know About Medical Malpractice in Pennsylvania

Even the best doctors and the best medical treatment offered by them can go wrong at times. Medical mishaps can be a result of medical malpractice too. Misdiagnosis, lack of proper care, birth injuries, and mistakes in anesthesia administration are some examples where a patient can suffer and have an injury and in worst cases turn into life-threatening conditions. These situations which cause you injury can be a result of medical malpractice.

If you are a resident of Pennsylvania and have sustained an injury due to negligence on the part of the medical staff, then you may be eligible to claim damages under the PA malpractice law. As these cases of malpractice are complicated, it’s in your best interest to consult with a medical malpractice attorney who will be able to guide you about the requirements if you want to file a claim.

Medical negligence in layman terms would mean a breach or violation of the standard of care by a medical professional. A standard of care is usually the accepted medical practice or treatment practiced by a group of medical professionals for a particular illness. The standard is dependent on the patient's age and prior illnesses among other factors.

The PA court limits the amount of time within which you need to file a lawsuit for a medical malpractice claim, also known as the statute of limitations. If you

●     Know that an injury has occurred.

●     Know how the injury occurred.

●     Know the relationship between the time of injury and how it occurred.

Then you have two years to file your claim. If the medical malpractice results in wrongful death, then the malpractice claim must be filed within two years from the date of death, or you can lose your right to legally claim any compensation.

Pennsylvania’s statute of repose can be found in the legislation that authorized and created the Medical Care Availability & Reduction of Error Fund (MCARE). The statute reads: “General rule.–Except as provided in subsection (b) or(c), no cause of action asserting a medical professional liability claim may be commenced within seven years from the date of the alleged tort or breach of contract.” 40 P.S. § 1303.513.

This means that in most cases a lawsuit cannot be filed if more than seven years have elapsed since the time of injury unless it falls under the discovery rule.

The discovery rule holds good if you are unable to learn that your injury was caused due to medical negligence. For example, if you underwent a surgery and experienced a discomfort after the surgery and doctors brushed it aside telling you that it is part of the healing process. Then, years later you find out that a piece of cotton was left inside you during the surgery and this piece has damaged another organ endangering your health. In a case like this, you can file a medical malpractice lawsuit under the discovery rule depending on the time that has elapsed.

Last year in PA, Lackawanna County, judge Casey granted 4.25 million dollars to a mom who lost her twins. In this case, the doctors at Moses Taylor Hospital failed to monitor Jo Ann Page’s preeclampsia (a condition where you have very high blood pressure endangering your health).

Page suffered a seizure during her pregnancy which caused the placenta to detach from the womb, and she lost her twins at 33.4 weeks. She lost her babies due to the negligence of her doctor and hospital.

Whatever your case may be, it is important that you consult a reputed medical malpractice attorney for filing a lawsuit. It is also important that you keep all your medical records intact and seek expert medical advice before filing your case.

At Alvin F. de Levie & Associates, we regularly handle medical malpractice cases and serve our clients throughout Pennsylvania. If you or a loved one has suffered from a malpractice injury, please do not hesitate to call us at (844) 777-2529 for a free initial consultation. Our law firm will evaluate your claim in collaboration with medical experts, economists, and life care planners to ensure that the full and fair value of your case can be established and pursued.