In 2023, Pennsylvania had 936 medical malpractice payment reports. Often, victims of medical malpractice do not realize that they may be entitled to compensation for their injuries and hardship.
At Marzella and Associates, we believe that medical professionals should be held responsible for their wrongful actions. If you have suffered an injury at the hands of a physician, please reach out to speak with our team of medical malpractice lawyers.
Establishing Negligence
Medical practitioners have a certain standard of care that they must meet when rendering services. For a successful malpractice claim, you must demonstrate that a physician or medical staff behaved carelessly when providing you care. A medical professional will be found negligent if he or she did not take the same steps that another physician would have taken, given the circumstances.
Medical negligence can be broken down into four components:
- Duty of care: The medical professional owes you a certain standard of care.
- Breach of duty: The medical professional did not meet the expected level of care.
- Causation: You must show a direct link between the physician’s actions and your injuries.
- Substantial damages: As a result of the physician’s actions, you sustained injuries and other losses (lost wages, lost earning capacity, medical expenses, and emotional trauma).
Next Steps and Filing a Complaint
If you suspect that a physician provided you with substandard care, you should speak with a Harrisburg medical malpractice lawyer. If you can provide medical records, including a physician’s notes and any medical imaging performed, this will provide the attorney with much-needed information.
You should speak with the treating physician only if your attorney recommends you do so. In some cases, you may be able to reach a resolution with your physician without having to report the incident.
If you choose to pursue your claim, you will file a complaint with the Pennsylvania State Board of Medicine. The Board will investigate your claim and hold hearings to determine if the physician violated his or her duty of care. The Board has the power to provide disciplinary action, such as suspending the physician’s license if they determine malpractice occurred.
How Long Do You Have to File a Medical Malpractice Suit in PA?
Pennsylvania allows victims two years to file a medical malpractice claim following the date of their injury. However, there is an exception to this rule. If you did not become aware of your injury until after the incident, then the two-year statute of limitations will begin when you discover your injury. No matter when you discover your injury, you are only allowed seven years to take legal action.
This time limit is imposed to ensure the preservation of evidence. After a significant amount of time has passed, witnesses’ memories of the incident will fade, and other evidence may become irrelevant.
Speak with a Harrisburg, PA, Medical Malpractice Lawyer Today
Being injured at the hands of a physician can be traumatizing. We place our safety and trust in the hands of qualified medical professionals, but their judgment is not always in our best interest. If you have been injured in a medical setting, our legal team is ready to assist you. To schedule your free consultation, contact us by phone or by completing our online contact form.