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Can you sue a doctor for medical negligence in PA?
Can you sue a doctor in Pennsylvania? I believe my brother-in-law received negligent medical treatment, and as a result he can't work in his old job due to severe back and spinal cord injury. What are the laws regarding hospital lawsuits in PA? Do we have any rights to sue the doctor responsible for his condition?
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Answers (1)
You absolutely do have rights to file a medical malpractice lawsuit in Pennsylvania. In order to do so, there are some things you should know. The first thing is you have two years from the date of the injury to file a claim for medical negligence. After two years, any claims for compensation are barred by the court, so it's important to act in time.
The other thing to consider is exactly what the doctor did wrong that caused the back injury to your brother in law. Pennsylvania malpractice laws require that you or your attorney can show, by way of a medical professional expert opinion, that what the doctor did was not the standard medical care for that situation. The medical expert witness will then also have to show exactly how the doctors negligence caused the damage.
If those two critical factors can be established, then you can sue the hospital or the doctor (or both depending on the details of the case) for all the medical expenses, lost income, lost future earnings, future medical expenses and medical care requirements, pain and suffering and other damages.
You and your family should talk to a medical malpractice lawyer to get legal advice, and to find out if you have a valid case, and how much money you should seek through the lawsuit.
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Posted by Tomek Pilch on 21 Jan 2010
6people found this useful
(8 Votes)