When a medical professional makes a mistake with their care, is negligent, or behaves in another careless way that injures their patient, the patient may be able to file a medical malpractice claim for compensation. Instances where a medical professional has a relationship with a patient, they also have a duty of care to that patient. If they act in a reckless way that breaches their duty resulting in injuries to the patient, then it is likely that medical malpractice did happen under Pennsylvania law.
It may be difficult to tell if the poor outcome of your medical treatment was part of the accepted risk you consented to when you had the care or if you were legitimately injured from malpractice by your provider. It is best in these instances when things are not quite right, and you have sustained harm to speak with an attorney that understands the intricacies of medical malpractice and the law in your local area. In Pennsylvania, the medical malpractice attorneys at the O’Donnell Law Offices know how to evaluate medical malpractice situations and obtain the best possible outcome for victims.
Questions About Medical Malpractice in Pennsylvania
It is not uncommon to have questions about the law, especially when you were harmed and need compensation to help you pay for your damages. The following frequently asked questions about medical malpractice in Pennsylvania may help clarify things and provide you with more information about this type of personal injury event.
How long does a victim of medical malpractice in Pennsylvania have to file a claim for compensation?
Under Pennsylvania’s statute of repose, an injured patient will generally have up to seven years from the time they realize a medical provider harmed them to take legal action. After this time, they will lose their right to file a claim and obtain the compensation they need for their damages.
What is a Certificate of Merit?
Medical malpractice claims in Pennsylvania are a bit unique from other common injury claims in that before a medical malpractice claim can move forward, a certificate of merit is required. This certificate essentially documents and confirms that a medical expert has looked at the alleged medical malpractice event and determined that a reasonable probability existed where a medical provider breached their standard of care to the patient.
Are there limits to compensation from medical malpractice claims?
In Pennsylvania, there are no caps on the amount of financial compensation a patient can secure except in the case of punitive damages. While rarely awarded, if punitive damages are added to a monetary award, they are limited to 200% of the total damages that a patient obtains. Damages that may be included in a medical malpractice claim can consist of medical treatment costs, pain and suffering, missed wages, and much more.
When successful with a medical malpractice claim, will a victim always be awarded full damages?
It is possible to only secure a portion of one’s medical malpractice compensation if it can be concluded that a patient had some fault for their harm. To recover any compensation, victims have to be 50% or less responsible for their damages.
Speak to a Pennsylvania Medical Malpractice Attorney Today
For answers to all of your medical malpractice questions and for help moving forward with a claim, the legal team at the O’Donnell Law Offices can assist you.
Schedule a free initial consultation with the Pennsylvania medical malpractice attorneys at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton, and Pittston at 570-821-5717 or online today. There is no fee or cost until we win your case.
Source:
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