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If you believe that your doctor’s mistake caused you injury or an adverse condition, you likely have the grounds to file a medical malpractice suit. When a physician does not meet the expected standard of care, patients have the right to take legal action. Each year, approximately 15,000-19,000 victims exercise that legal right by taking their case to court.

If you or a loved one have been affected by medical malpractice, our legal team is here to fight for just compensation on your behalf.

Elements of Medical Malpractice Cases

Medical malpractice occurs when a healthcare professional neglects to provide adequate care to a patient. To win a medical malpractice case, the following elements must be proven:

Health Care Provider Fails to Provide Appropriate Care

Physicians must adhere to certain regulations. Whenever a physician deviates from treatments or fails to make a timely diagnosis, the duty of care has been violated. To decide if a physician’s actions are reasonable, a court will question if a reasonable person in the same or similar situation would have acted in the same manner.

The Provider’s Negligence Results in an Injury

A negligence claim hinges on causation, which is an injury that is the result of a person’s actions or omission. To make a medical malpractice claim, there must be a direct link between the physician’s actions or failure to act and the patient’s injuries.

Damages are Incurred

To have a valid medical malpractice case, you must have incurred damages. Monetary losses (economic damages) will include lost income, loss of future earnings, and past and future medical bills. Non-monetary losses (non-economic damages) will include pain and suffering, mental anguish, and loss of consortium.

MCARE Act

Under the Medical Care Availability and Reduction of Error (MCARE) Act of 2002, healthcare providers are required to carry at least $500,000 per incident and $1.5 million per annual aggregate in malpractice insurance. Under the Act, health care providers must establish a fund with the State Treasury to cover reasonable compensation for malpractice victims.

Statute of Limitations and Discovery Rule

A statute of limitations places a time limit to which legal action can be taken. Pennsylvania legislature imposes a two-year statute of limitations in medical malpractice cases. If the person survived, the two-year mark begins from the date of injury. If the person dies, the two-year mark begins from the date of death.

Nonetheless, there are circumstances in which the statute of limitations may be tolled. Tolling the statute of limitation means that the ‘clock’ stops running for a certain period of time.

A prime example is the discovery rule. Under this rule, the statute of limitations period does not begin until the plaintiff knew or should have known about their injury. However, regardless of when the injury is discovered, a malpractice suit must be initiated within a seven-year period.

Confide in our Harrisburg Medical Malpractice Lawyers Now

If you feel that you were not treated with proper care by a medical professional, you deserve to be compensated for your hardship. At Marzella and Associates, we have been helping medical malpractice victims for our 30 years. Let us help you win the compensation that is rightfully yours. To schedule your consultation, contact the office online or by calling (717) 234-7828.