If you are considering bringing a medical malpractice lawsuit in Pennsylvania, you may be feeling overwhelmed and unsure about where to start. Medical malpractice is a complex legal matter and understanding your rights as a patient can be confusing. Knowing the legal requirements for filing a medical malpractice lawsuit in Pennsylvania, as well as the steps to take, is essential for ensuring that you get the compensation you deserve.
What is Medical Malpractice?
Medical malpractice occurs when a medical professional, such as a doctor, nurse, hospital, or other healthcare provider, fails to meet the standard of care that is expected of them. This means that they do not provide the same level of care as another reasonable, competent medical professional would in the same situation. If the medical professional’s actions or inaction leads to an injury or death, then they can be held liable for medical malpractice. Medical malpractice can involve a variety of issues, such as misdiagnosis, failure to diagnose, failure to provide proper treatment, birth injuries, surgical errors, and more. If you believe that you or a loved one has been the victim of medical malpractice, then you may be able to bring a medical malpractice lawsuit in Pennsylvania.
Requirements for a Medical Malpractice Lawsuit in Pennsylvania
In order to bring a medical malpractice lawsuit in Pennsylvania, there are certain legal requirements that must be met. First, you must obtain a signed affidavit from a qualified medical expert who is willing to testify that the medical professional failed to provide the standard of care that was expected of them. This medical expert must be licensed in the same field as the medical professional you are suing. Next, you must file the complaint with the court within two years of the date of the injury or death. If you are bringing a claim on behalf of a deceased loved one, then you will have two years from the date of death to file the complaint. Finally, you must demonstrate that the medical professional’s actions or inaction caused the injury or death. This can be difficult to prove, so it is important to have evidence, such as medical records, to support your claim.
Steps to Take When Considering a Medical Malpractice Lawsuit in Pennsylvania
If you believe that you or a loved one has been the victim of medical malpractice in Pennsylvania, there are steps you can take to ensure that you get the compensation you deserve.
First, document the details of the incident. This includes getting copies of all medical records related to the incident, as well as any other evidence such as photos or videos.
Second, contact a qualified medical malpractice lawyer. A lawyer will be able to review your case and determine if you have a valid claim.
Third, file the complaint with the court within the two-year statute of limitations.
Your lawyer can assist you with this. Fourth, the lawyer will investigate the case, gather evidence, and prepare for trial. Finally, your lawyer will represent you in court and argue your case. If you or a loved one has been the victim of medical malpractice in Pennsylvania, then you may be able to bring a medical malpractice lawsuit. It is important to understand the legal requirements for filing a medical malpractice lawsuit in Pennsylvania, as well as the steps to take, in order to ensure that you get the compensation you deserve. If you have questions about the process or need assistance filing a medical malpractice lawsuit in Pennsylvania, then contact an experienced medical malpractice lawyer today.
James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia. James Goslee can be reached at https://cprlaw.com/attorneys/james-p-goslee/ or on linked in at https://www.linkedin.com/in/james-goslee-8214415/