When you need a medical procedure for an ailment or injury that you have suffered, you are often putting your life quite literally in the doctor’s hands. If everything goes well, you will hopefully be able to return to your life, managing your health and quality of life yourself. If, however, the medical professional you trusted is negligent and causes errors in your procedure, it can be a devastating blow. It is for this reason that you can hold medical professionals accountable and receive just compensation through medical malpractice cases. Like everything else, medical malpractice has a statute of limitations that depends on the state. So, what is the statute of limitations for medical malpractice in Pennsylvania? And what do you need to do to ready your case before you file? Our Philadelphia medical malpractice attorney at Wapner Newman can help you prepare and present your case within the statute of limitations and get the compensation you deserve.
What Is the Statute of Limitations for Medical Malpractice In PA?
According to Pennsylvania law, the statute of limitations for medical malpractice in PA is two years from when the malpractice was first discovered or should have been discovered. This latter stipulation is a little more nebulous. Many forms of medical malpractice will be immediately obvious. A surgery gone wrong, for instance, is something you can often spot right away. If a patient is given too high a dosage of medication while in hospital care, that will be obvious within a matter of hours. However, some forms of medical malpractice will take time to recognize, such as:- Misdiagnosis or delayed diagnosis
- Post-surgery infection
- Long-term treatment negligence.
What Qualifies as a Medical Malpractice Case In PA?
Not every case of a medical procedure gone wrong will qualify as medical malpractice. Surgeries often come with risks, even when surgeons and other medical professionals do their due diligence. For your case to qualify as medical malpractice, you must be able to prove three different factors:There Was a Violation of a Standard of Care
Doctors and other medical professionals have a duty of care to their patients. The first thing you have to prove in order to prove medical malpractice is that there was a violation of that standard of care. Often, this violation of the standard of care is through negligence: the medical professional did not perform their due diligence in your case. They may have ignored your descriptions of symptoms, leading to a crucial misdiagnosis. They may fail to adhere to operating room cleaning procedures, leading to an infection. In some cases, the violation of a standard of care might be malicious, but this is not common or required for a case to be considered medical malpractice.The Violation Caused Damages or Increased Risk of Harm
The second thing you will need to prove in a medical malpractice case is that the violation of a standard of care directly and factually caused your damages or the following risk of harm. As stated above, many medical procedures come with risks, and most medical professionals disclaim those risks before the procedure. Even with the best doctors, you may have a poor reaction to anesthesia or to a particular medical treatment. This is not medical malpractice. The key is to draw a direct line from the violation of a standard of care to your damages or risk of harm. You need to prove that the infection you acquired after your surgery was the result of a failure to adhere to operating room cleaning procedures, or that the misdiagnosis was the result of negligence on the doctor’s part. Our experienced attorneys at Wapner Newman will review the evidence with you and help to build a solid case.The Extent of Your Damages
Finally, you need to prove the extent of your damages. This will impact the compensation you receive. Medical malpractice can leave you overwhelmed with subsequent medical bills or in a financial crisis due to loss of income for the time you were not able to work. In some cases, it can leave you permanently disabled. If a loved one was the victim of medical malpractice and subsequently died, that could have meant a loss of income that you relied on in your household. In addition to economic damages, you may be entitled to non-economic damages such as:- Pain and suffering
- Emotional distress
- Loss of companionship, society, or consortium
- Inconvenience.
What Do You Need to Do Before File Your Medical Malpractice Claim?
If you believe that you have a legitimate medical malpractice claim, Wapner Newman is here to help. There are certain steps you will need to take to prepare your case before you file your claim. We can help you prepare all your documentation and present a compelling case, whether in trial or in a settlement. That said, here is what you will need to do before you file your medical malpractice claim:Collect and Keep Documentation Relevant to Your Case
A history of appointments with the medical professional who committed the malpractice will help you to establish the relationship you had with them. You will also want to access your health record for the case. Next, if you suffered any physical injuries or ailments because of the malpractice, take pictures. In terms of economic damages, you will want to save:- Any receipts or medical invoices
- Pay stubs to show loss of income
- Funeral costs in the event of wrongful death.