We place our physical well-being in the trust of health care providers each day. With so much on the line, healthcare workers must adhere to a higher standard of care than other professionals. When a healthcare provider fails to meet the expected standard of care, the effect on a patient’s life is often devastating.
In medical malpractice lawsuits, a certificate of merit must be filed with the court. If you are considering taking legal action against a medical professional, keep reading to learn more.
What Constitutes Negligence by a Physician?
Any medical procedure comes with risks. Depending on the circumstances and severity of your condition, a poor surgical outcome may be unavoidable, even if the surgeon does everything within his or her abilities.
However, if the surgeon behaved carelessly, causing you harm, then you likely have a medical malpractice case.
A medical professional’s negligence can be divided into the following four components:
- Duty of care: Healthcare providers owe patients a certain standard of care when treating them.
- Breach of duty: A healthcare provider violates this duty when he or she deviates from the acceptable standard of care.
- Causation: A patient must show that the deviation of care resulted in injury or adverse condition.
- Damages: As a result of the physician’s actions, the patient suffered physical, emotional, and/or mental harm.
Pennsylvania Law on Certificate of Merit
The certificate of merit is an affidavit which certifies that there are reasonable grounds to file a malpractice claim against the defendant. Issued by a licensed medical practitioner, the certificate states that the practitioner believes that the defendant’s actions did fall below the acceptable standard of care.
As of 2003, the Pennsylvania Supreme Court requires plaintiffs to acquire a certificate of merit in cases against licensed professionals. 231 Pa. Code Rule 1042.3 states that a certificate of merit must either be filed with the complaint (document initiating legal proceedings) or within sixty days of filing the complaint. If there are claims against multiple defendants, then a separate certificate of merit must be filed for each.
Each state has its own statutes regarding certificates of merit. No matter the specific statute, a certificate of merit is designed to prevent frivolous lawsuits. If a certificate of merit cannot be obtained, then the case cannot be brought to trial.
Informed Consent
Physicians are required to discuss the benefits and risks of any treatment or procedure with patients. This allows the patient to have all the necessary information before deciding if they want to undergo a procedure. This open dialogue allows patients to decide what options are best for them. A doctor who fails to get a patient’s informed consent may be liable for malpractice.
If there was a lack of informed consent, a medical expert will have to testify that a reasonable person would likely have refused the procedure, having been informed of the risks, or that the physician failed to inform the patient of alternative treatments.
Consult with our Harrisburg Malpractice Lawyers Today
If you have any questions regarding the actions taken by a medical professional, our legal team is ready to assist you. We know that you are going through a difficult time, so let us offer a helping hand. To schedule your consultation, contact us online or by call (717) 234-7828.