Like other personal injury cases, medical malpractice has been a complex legal matter in most states like Pennsylvania. Typically, most doctors and other healthcare professionals are professional and skilled enough to treat their patients. But, they’re still capable of committing medical mistakes, which are among the prevalent causes of injury. When these errors result from a medical practitioner’s negligence, it falls under the category of medical malpractice.
However, dealing with these malpractice cases can be a challenging undertaking. One of the reasons is that medical malpractice laws vary from one state to another. For instance, if a doctor’s negligence in Pennsylvania has injured you, you need to familiarize yourself with the rules applicable in the said state to navigate your situation more effectively.
To help you get started, below are the three things you should know about medical malpractice in Pennsylvania:
- Statute Of Limitations
When it comes to medical malpractice cases, the statute of limitations is an essential legal matter taken seriously. Essentially, they refer to time limits when filing a claim before the deadline expires. Otherwise, you lose your right to get the justice you deserve and the compensation you need to recover and return to your normal life.
So, to ensure you file a medical malpractice case within the right time, it’s crucial to understand the following rules about the statute of limitations in Pennsylvania:
- The Pennsylvania law provides that the injured patient should file their claim withintwo years after the alleged commission of medical malpractice by the doctor involved.
- The two-year statute of limitations will not run until the injured patient knows that they sustained an injury due to a medical professional’s negligent actions.
- No malpractice cases should be brought in court more than seven years since the date of the negligence was committed, regardless of whether they knew about the actions or not. However, this seven-year restrictive period doesn’t apply if a foreign object is left in the patient’s body in the malpractice case.
- For minor injured patients, the statute of limitations for filing a lawsuit is within two years from when they reach the age of majority, which in most cases is during their 18th birthday.
As you can see, there are many rules to know about the statute of limitations of medical malpractice cases in Pennsylvania. Unless you’re a legal expert, you need the assistance of one to help you navigate this situation by ensuring you file your claim in time. On the other hand, if you’re looking for the right lawyer in Pennsylvania, Texas, or wherever you may be located, you can check out this Best Site to get more information.
- Certificate Of Merit Requirement
Another thing you should know about medical malpractice in Pennsylvania is the certificate of merit requirement. Meaning if you’re injured because of a doctor’s negligence, you need to file a signed certificate of merit along with the complaint or 60 days from the date of filing of the complaint. This certificate refers to an official document declaring that an appropriate licensed professional has reviewed a plaintiff’s claim and has probable cause to believe that the erring healthcare practitioner failed to provide the acceptable standard of care, causing an injury to the plaintiff.
Generally, the appropriate licensed professional should be a medical expert with sufficient knowledge, education, training, and experience. Given their credentials, they should offer a competent and credible testimony about the at-fault healthcare provider’s negligent acts that caused an injury to the patient.
- Limitations On The Amount Of Compensation To Recover
In Pennsylvania, the amount of compensation an injured patient can obtain isn’t restricted. This means that if you’ve been injured because of medical malpractice, you can get compensated for both economic and non-economic damages or losses. Typically, the economic damages or those with definite monetary prices can include medical bills and lost wages. In contrast, the non-economic losses or those which don’t have an exact price can consist of emotional distress and pain and suffering.
Furthermore, Pennsylvania law limits the amount of punitive damages an injured patient or plaintiff can get. The computation of the said damages is limited to two times the amount of the actual damages a plaintiff can recover in a typical medical malpractice case.
Dealing with malpractice cases can be challenging and confusing, especially if they come with several problems to injured victims like you. Hence, if you’ve been a victim of medical malpractice in Pennsylvania, it’s crucial to have an in-depth understanding of the state law, along with legal assistance, to handle your situation correctly. By keeping the information mentioned above in mind, you can minimize the obstacles in your case and ensure a more positive outcome later.