Anyone can make a mistake, and this includes medical professionals. No one is infallible, and we all recognize this fact. This said, however, we look to those in the medical field to help bolster our health and well-being, and negligence on their part can lead to devastating consequences.
The law distinguishes between mistakes and the level of negligence that supports medical malpractice claims, and a better understanding of this distinction can provide you with a better understanding of your own claim. If you or someone you care about has been harmed as a result of medical malpractice, one of the most important first steps you can take is to consult with an experienced Harrisburg, Pennsylvania, medical malpractice attorney.
Recognized and Accepted Standards
In Pennsylvania, medical professionals are required to work within the recognized and accepted standards of the profession. When their actions are outside of what their peers would or wouldn’t do under similar circumstances, it can qualify as medical malpractice when each of the following elements is present:
- The medical professional owed the patient a duty of care, which is true whenever there is a doctor/patient relationship established.
- The medical professional breached – or failed to live up to – this duty of care. This refers to working outside the recognized and accepted standards of the profession, which is where negligence enters the picture.
- The medical professional’s breached duty of care was the direct cause of the harm suffered by the patient.
Proving medical malpractice is legally complex, and it’s always in your best interest to work closely with a well-respected medical malpractice attorney.
Distinguishing between Mistakes and Medical Malpractice
When a doctor or another medical professional performs an action or makes an error in judgment that leaves a patient accidentally harmed, it doesn’t rise to the level of medical malpractice. Medical professionals enter malpractice territory when they are aware of the potentially dangerous consequences of their actions – or of failing to act – but proceed anyway. Medical malpractice generally applies when medical mistakes are based on a failure to follow the appropriate guidelines and protocols.
The Two-Year Statute of Limitations
If you suffered an injury due to medical malpractice or believe you may have been, it’s a legally challenging matter, and the sooner you have a determined medical malpractice attorney in your corner, the better protected your rights will be. In Pennsylvania, there is a two-year statute of limitations in place, which means you have only two years from the date you were injured by medical malpractice or from the date you knew – or reasonably should have known – that you’d been injured in this way to file a lawsuit against the at-fault party.
Speak with an Experienced Harrisburg Medical Malpractice Attorney Today
The formidable medical malpractice attorneys at Marzella and Associates in Harrisburg, Pennsylvania, will spare no effort in our pursuit of your case’s best possible resolution. The outcome of your claim will guide your future and your recovery, so please don’t wait to contact us online or call us at 866-488-5461 to schedule your free consultation today.