Any medical negligence claim, regardless of state jurisdiction, will need to prove certain legal elements to be a viable medical malpractice case. These elements, including proving a doctor-patient relationship existed, establishing that a duty of care was owed, proving a breach of duty of care occurred, establishing proximate cause, and outlining and valuing damages, are crucial to any claims case. However, alongside these general requirements for filing a medical negligence claim, a patient must also adhere to the applicable state statutes governing how medical negligence claims are filed. The state of Pennsylvania, much like every other state, has certain state-specific requirements that a given patient (claimant or plaintiff) must be aware of before proceeding with legal action. In reality, the only way to determine how to file a medical negligence claim appropriately and attempt to obtain any form of favorable settlement or award will be with the assistance and insight of a medical malpractice lawyer.
Requirements for Filing Medical Negligence Claims in Pennsylvania
In March of 2002, a large number of statutes governing medical negligence tort actions in Pennsylvania were adjusted or implemented via the Pennsylvania Medical Care Availability and Reduction of Error Act. The following outlines the most notable requirements of this and other legislation, including:
- The statue of limitations period applicable to claims in Pennsylvania requires medical malpractice victims to commence legal action no later than two (2) years after discovery of negligence and harm. The period for minors begins once the individual reaches the age of eighteen (18).
- The state of Pennsylvania uses what is known as a doctrine of modified comparative negligence, which states a patient’s ability to recover can be barred, if the patient’s own negligence accounts for more than half of all other parties. Any other case involving patient negligence at less than half will diminish the potentially recoverable amount proportional to a patient’s given liability for his or her own injuries and other damages.
- Statutes governing vicarious liability for hospitals do allow patients to hold a hospital liable for negligence torts committed by employees and non-employees, if the non-employee is determined to be an ostensible and apparent agent or employee of the hospital or clinic.
- Claims involving medical professionals require patients to file documentation certifying merit, often using testimony from a medical expert witness, within sixty (60) days of filing claims.
- Damage caps on non-economic or economic damages in Pennsylvania are not in place, but statutes do regulate the amount of compensation recoverable as punitive damages in certain cases.
Getting Legal Help with Filing Claims for Medical Negligence in Pennsylvania
In short, the only reliable method for a patient to pursue legal action against negligent healthcare professionals or companies is through a lawyer who specializes in medical malpractice claims in the state of Pennsylvania. Consult with a lawyer as soon as possible to learn more about your legal rights, and to ensure that your case is not hampered by the statute of limitations period applicable to claims in the state of Pennsylvania.
