“The unwarranted departure from generally accepted standards of medical practice resulting in injury to a patient, including all liability-producing conduct arising from the rendition of professional medical services.” That’s how the Pennsylvania Supreme Court defined medical malpractice. If it sounds complicated, that’s because it is. Medical malpractice law is one the most complex legal practice areas.
Medical malpractice occurs when a doctor or other healthcare professional commits medical negligence. It is important to note that under Pennsylvania law, not all instances of negligence by healthcare providers constitute compensable medical malpractice. What’s more, not all injuries following medical treatment entitle the injured patient to compensation.
Most medical procedures carry some degree of risk. The law does not require health care providers to guarantee that no harm or unfavorable consequence will arise as a result of medical treatment. It simply requires health care providers to meet the legally required standard of care while rendering medical treatment.
Proving Medical Malpractice
In order to prevail in a medical malpractice lawsuit, the plaintiff must prove four elements:
Duty
The plaintiff must show that the medical professional or facility owned him or her a duty. (The existence of a doctor-patient relationship typically creates that duty).
Breach of duty
The plaintiff must define the applicable standard of medical care and demonstrate that the defendant’s actions or inaction breached that standard.
Causation
The plaintiff must establish that the breach caused his or her injury.
Financial and intangible losses
The plaintiff must demonstrate that the injury resulted in economic and non-economic losses.
Expert Medical Witnesses
Under medical malpractice law, expert witnesses are almost always required. The medical issues are typically too complex for non-medical professionals to understand. Expert witnesses are needed to (1) establish the applicable standard of care, (2) help educate the jury about what the defendant should have done or refrained from doing under the specific circumstances in the case, and (3) whether the defendant’s conduct breached the applicable standard of care. Additionally, expert witnesses help determine whether the defendant’s medical negligence caused the plaintiff’s injury.
Potential Defendants
Medical malpractice in Pennsylvania is not limited to physicians. Claims can be brought against other licensed health care providers, which include, among others:
- nurses
- dentists
- pharmacists
- mental health professionals
- physical therapists
- hospitals
Statutes of Limitations/Repose
A plaintiff must file his or her claim within two years after they first discover (or reasonably should have discovered) that they were injured as a result of medical malpractice. In addition to the 2-year statute of limitation, medical malpractice claims in Pennsylvania are also subject to a 7-year statute of repose deadline.
Examples of Medical Malpractice
Medical malpractice can take many forms. Some of the common examples include:
- failure to diagnose
- misdiagnoses
- delayed diagnoses
- negligent failure to treat
- surgical errors
- childbirth injuries
Receiving Compensation
Pennsylvania malpractice law allows prevailing plaintiffs to collect economic damages and non-economic damages. The former provides compensation for actual costs, such as medical bills and lost wages. The latter compensates the plaintiff for intangible costs, such as pain and suffering. When a doctor’s conduct brings harm to a patient, and it is proved to be intentional and reckless, punitive damages may be awarded.
Pennsylvania does not limit or cap the amount of recoverable compensatory damages in medical malpractice cases. There are, however, restrictions on punitive damages.
If you believe that you or a loved one suffered an injury as a result of medical malpractice, call Comitz Law at 570-829-1111 or email info@comitzlaw.com.