When you seek medical care, you trust doctors, nurses, and other healthcare professionals to provide proper treatment. Unfortunately, mistakes can happen, and when they result from negligence, they may be considered medical malpractice. Understanding what qualifies as malpractice in Pennsylvania is essential for anyone who has suffered harm due to a medical provider’s actions.

What Defines Medical Malpractice in Pennsylvania

Medical malpractice happens when a healthcare provider does not meet the accepted standard of care, causing harm to a patient. This standard refers to the level of skill, expertise, and treatment that other professionals in the same field would offer in similar situations. If a medical professional strays from this standard and injures a patient, the patient may have a valid malpractice claim.

Common Examples of Medical Malpractice

Medical malpractice can occur in various ways, with some of the most common including:

Misdiagnosis or Delayed Diagnosis
When a doctor fails to accurately identify a medical condition or diagnoses the wrong illness, the patient may receive improper treatment. A delayed diagnosis can also prevent timely intervention, potentially causing the condition to progress and reducing the chances of successful treatment.

Surgical Mistakes
Errors made during surgery, like operating on the wrong area, leaving tools inside the patient, or causing unexpected harm, can result in severe complications. These mistakes often necessitate further surgeries to fix the damage caused.

Medication Errors
Providing the incorrect medication, administering the wrong dosage, or overlooking harmful drug interactions can result in severe health issues. Patients depend on their doctors and pharmacists to ensure their prescriptions are safe and appropriate.

Birth Injuries
Errors during labor and delivery can cause life-changing injuries for both the baby and the mother. Conditions like cerebral palsy, nerve damage, or oxygen deprivation may arise from improper medical care during childbirth.

Anesthesia Mistakes
Incorrectly administering anesthesia—whether too much or too little—can lead to severe complications. Additionally, failing to monitor a patient’s vital signs during surgery can result in serious injury or even death.

Failure to Obtain Informed Consent
Doctors must inform patients of the risks associated with a procedure and obtain their consent before proceeding. If a patient is not fully aware of potential complications or alternative treatments, they cannot make an informed decision about their care.

Establishing a Medical Malpractice Claim

To succeed in a medical malpractice claim in Pennsylvania, the injured patient must prove several key elements:

A Doctor-Patient Relationship Existed
The injured party must establish that they had a formal relationship with the medical provider. This means the doctor agreed to diagnose or treat the patient, creating a duty of care.

Negligence Occurred
The patient must show that the healthcare provider’s actions deviated from the accepted standard of care. This is often demonstrated by expert testimony from other medical professionals.

The Negligence Caused Harm
It is not enough to prove that a mistake was made. The patient must show that the provider’s negligence directly caused their injury or worsened their condition.

The Patient Suffered Damages
The claim must include proof of damages, such as medical expenses, lost income, pain and suffering, or the cost of future care.

The Role of Expert Witnesses

In Pennsylvania, medical malpractice cases require expert testimony to establish that negligence occurred. The expert must be a qualified medical professional who can explain how the defendant failed to meet the standard of care. Without expert testimony, most malpractice cases will not proceed in court.

Pennsylvania’s Statute of Limitations for Medical Malpractice

Pennsylvania law imposes a time limit on filing medical malpractice lawsuits. Generally, a claim must be filed within two years from the date the patient knew or should have known about the injury. However, the law allows for exceptions:

• If the injury is not immediately apparent, the statute of limitations begins when the patient discovers or reasonably should have discovered the harm.
• If the injured patient was a minor at the time of the malpractice, they have until their 20th birthday to file a claim.
• If fraud or concealment prevented the patient from discovering the malpractice, the time limit may be extended.

Because these rules can be complex, consulting an attorney as soon as possible is essential.

Recoverable Damages in a Medical Malpractice Case

Victims of medical malpractice may be entitled to compensation for various losses, including:

Medical Expenses
This includes past and future medical costs related to the malpractice, such as hospital bills, surgeries, therapy, and rehabilitation.

Lost Wages and Future Earnings
If the injury prevents the patient from working, they may recover lost wages. If they cannot return to their job, compensation for lost future earnings may also be available.

Pain and Suffering
Compensation for physical pain, emotional distress, and reduced quality of life may be awarded, depending on the severity of the harm.

Wrongful Death and Survival Actions
If medical malpractice results in death, the surviving family members may be able to file a wrongful death lawsuit to recover damages for funeral expenses, loss of companionship, and financial support.

Steps to Take if You Suspect Medical Malpractice

If you believe you have been a victim of medical negligence, taking the right steps can strengthen your claim:

• Seek Medical Attention: Get the necessary care to address any harm caused by the malpractice.
• Request Medical Records: Obtain copies of your medical records to document the treatment you received.
• Keep Detailed Notes: Record all symptoms, medical visits, and conversations related to your condition.
• Avoid Speaking to Insurance Companies: The hospital’s insurance provider may try to minimize your claim. It is best to speak with an attorney first.
• Consult a Medical Malpractice Attorney: A lawyer can review your case, gather expert opinions, and guide you through the legal process.

Conclusion

Medical malpractice cases are complex and require strong evidence, expert testimony, and legal experience. If you or a loved one has suffered due to medical negligence, Kingbird Legal is here to help. Our team understands the challenges of these cases and will work to secure the compensation you deserve. Contact us today for a free consultation to discuss your legal options.