We all seek to get the best medical treatment when we or our loved ones fall sick. Our pain and trauma multiply when we don’t get the right medical treatment and are a victim of medical negligence. Having a team of experienced medical malpractice lawyers will help you with your case.
A medical negligence implies that a medical professional has violated or breached a standard of care. Generally, a standard of care is the accepted medical practice or treatment, in a particular geographical area, for a particular disease or illness by a group of medical professionals. Factors like the patient's age, prior illnesses should be taken into consideration before starting the treatment.
In PA the court limits the time by which you need to file a lawsuit for a medical malpractice claim. If you have knowledge of the following,
-An injury has occurred
-How the injury occurred
-The relationship between the time of injury and how it occurred
You have two years within which you need to file your medical malpractice claim. If the medical malpractice results in wrongful death then the malpractice claim must be filed within two years from the date of death.
PA's statute of repose can be found in the legislation that authorized and created the Medical Care Availability & Reduction of Error Fund (MCARE). This statute reads: “General rule.–Except as provided in subsections (b) or (c), no cause of action asserting medical professional liability claims may be commenced after seven (7) years from the date of the alleged tort or breach of contract.” 40 P.S. § 1303.513.
These are cases that happened after March 2002. This means that, in most cases, a lawsuit cannot be filed if more than seven (7) years have elapsed since the injury occurred unless it falls under the discovery rule.
What are the Damages that are Awarded?
When you file for medical malpractice the first thing that you want to know is what damages would be covered. Compensation awarded maybe compensatory or noneconomic. There is no cap on the damages awarded by the court.
Non-economic compensation is for the mental as well as physical pain (as the case may be) that a person has to undergo as a result of the medical negligence. There are some cases where punitive damages are awarded. Punitive damage is a form of punishment to health care providers whose reckless actions resulted in harm to the patient. But, unlike the other compensations, there is a cap on the amount that can be awarded. Punitive damages cannot exceed more than 2 times the actual damages.
PA also has a “periodic payment rule” for damages exceeding $100,000. It requires damages be paid in installments for anticipated future damages of any medical bill, or loss of pay as a result of missing work.
Expert Medical Witnesses
PA requires expert medical testimonies for both initial filings of a medical malpractice case and when the case goes to trial. The plaintiff’s attorney has to file for a “certificate of merit” within 60 days of filing a medical malpractice case. The defendants must file an affidavit of merit if they plan to file for a counterclaim.
Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury.
Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards.
