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What Is Medical Malpractice in Pennsylvania?

medical malpractice lawyer phillyMedical malpractice occurs when a doctor or any other healthcare professional breaches the standard of care that is expected of them. The standard of care is the typical or generally accepted practices used by medical professionals in the same geographic area for patients suffering from the same illness. This standard can change depending on certain factors, like the patient’s age and medical history. It is not enough that medical negligence occurred; this act must have directly resulted in the victim’s injuries. You and your Philadelphia medical malpractice attorney will have to prove that the negligent act caused your injury. Proving this can be quite difficult and often requires the testimony of expensive medical experts.

What is the Statute of Limitations for Medical Malpractice in Pennsylvania?

The statute of limitations for medical malpractice claims in Pennsylvania is two years. This countdown does not begin until the patient discovers or at least reasonably should have discovered that the injury has occurred. For cases that have arisen after March, 2002, there is an additional statute that applies. This recent statute states that injured patients are allowed up to seven years from the date the negligent medical act occurred to file a suit. If the injury is discovered more than seven years after the negligent act occurred, the patient will not be able to file a lawsuit against the at-fault medical provider.

Because of the rather tight time restrictions placed on medical malpractice victims, it is important for injured parties to seek a Philadelphia medical malpractice lawyer’s help as soon as possible after an injury occurs. By being proactive with your medical malpractice claim and seeking the advice of an attorney, Pennsylvania malpractice law will not seem as impossible or intimidating to maneuver.

Damages in Pennsylvania Malpractice Cases

When you file a claim against a doctor, hospital, or medical provider, the compensation you are seeking is call damages. Pennsylvania malpractice laws allow patients to collect several different types of damages for their injuries. First, there are compensatory damages. Compensatory damages pay an injured patients for actual costs incurred, like medical bills and lost wages. There are also non-economic damages available in these cases. These damages compensate the patient for the costs that aren’t so easy to calculate, like pain and suffering. A medical malpractice attorney in Philadelphia can help you calculate your non-economic damages. Pennsylvania has no limits when it comes to compensatory or non-economic damages.

The final type of damages available to victims is punitive damages. These serve to punish medical professionals whose negligence causes injury to a patient, whether that negligence was in the form of malicious intent, ignorance, or fraud. If there was no intentional misconduct, state law limits punitive damages at 200 percent of the compensatory damages. Also, 25 percent of any punitive damages awarded must go into a fund, called the MCARE Fund. This fund pays other victims whose claims exceed the negligent medical provider’s malpractice insurance coverage. Don’t hesitate to call the Philadelphia medical malpractice attorneys at Huber & Palsir today.

At Huber & Palsir, our team of Philadelpha medical malpractice lawyers represent individuals you have suffered serious injuries from physicians or hospitals. We constantly strive to help these victims and their families deal with the suffering and monetary difficulties that result from negligence in the medical field. For over 20 years, the medical malpractice lawyers at Huber & Palsir have successfully litigated these malpractice suits throughout Bucks County, Montgomery County, Philadelphia & Warminster.

Do you need a medical malpractice lawyer?

Malpractice occurs when a doctor of hospital provides substandard services or does not properly diagnose a patients condition, and this makes their condition worsen or results in yet another injury. Occasionally, medical malpractice is the result of a doctor or medical institutions lack of thoroughness, such as an incomplete evaluation or failure to give the proper tests. This, however, does not necessarily mean malpractice took place. Sometimes, malpractice is obvious, but often there are complex medical conditions that need to be analyzed by professionals. The importance of hiring the right medical malpractice lawyer cannot be understated. Often times, a lawyer does not recognize a medical malpractice case because they do not have the experience or expertise to consult the proper medical experts.

Why choose Huber & Palsir?

Unlike many law firms that have a broad array of practice areas, Huber & Palsir focuses on what they know best. Every medical malpractice lawyer has decades of experience in your area – whether Philly, Warminster, Montgomery County, or Bucks County – Huber & Palsir has worked in your courts and has the local, trustworthy experience you need to get the compensation you deserve. Don’t wait – call Huber & Palsir today.

Injuries from physicians or hospitals can sometimes result in disastrous physical and monetary after affects. Don’t let negligent doctors cause you harm, and get the rightful compensation you deserve. Contact Huber & Palsir for a free consultation today.

Robert Huber

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