Just like any personal injury, medical malpractice relies on the theory of negligence
A medical procedure that goes awry is every patient’s nightmare. And while money can’t undo pain and suffering, anxiety, or some medical outcomes, it can help you to get back on your feet financially.
The Pennsylvania standard for what constitutes medical malpractice is based on whether the healthcare provider’s actions or omissions deviated from the accepted standard of care and directly caused harm to the patient.
What is Pennsylvania medical malpractice?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care that a reasonably competent provider would have delivered under similar circumstances and harms a patient.
Pennsylvania standard of care and negligence
The “standard of care” refers to the level and type of care that a reasonably competent healthcare provider with similar training and experience would have provided under similar circumstances.
The standard of care is often specific to the medical community in which the provider practices and can vary depending on factors such as the patient’s condition, the provider’s specialization, and the available resources.
To prove medical malpractice, it must be shown that the healthcare provider breached this standard of care. This means that the provider did something that a competent provider would not have done, or failed to do something that a competent provider would have done.
The breach can occur through acts (e.g., performing a surgery improperly) or omissions (for example, failing to diagnose a condition that a competent provider would have diagnosed).
The victim must also prove that the provider’s mistake caused their injury or illness (or caused an existing injury or illness to worsen or add complications). In other words, they must show that the harm would not have occurred “but for” the provider’s negligence.
If the provider had acted according to the standard of care, the patient would not have suffered the injury.
There must be actual harm or injury resulting from the breach of care. This could be physical, emotional, or financial harm that can be quantified in damages. If the patient was prescribed the incorrect dose of a medication and suffered a side effect that was then quickly reversed when prescribed the correct dose, this likely does not rise to the level of a lawsuit. Yes, a mistake was made. And the patient might be angry or upset. But if it was quickly and adequately reversed, then there is no actual and lasting injury or harm.
The burden of proof rests on the plaintiff (injured person or victim), typically requiring the support of expert witnesses to substantiate the claims.
Expert testimony
Pennsylvania law generally requires expert testimony to establish the standard of care, how it was breached, and how that breach caused harm. The expert must be qualified in the same field as the defendant and familiar with the standards of care in that specialty.
Examples of medical malpractice
Medical malpractice can occur in various forms across different areas of healthcare. Here are some common examples:
Missed or delayed diagnosis
For example, a doctor fails to recognize the symptoms of a heart attack, diagnosing it as indigestion instead. The delay in correct diagnosis leads to severe heart damage that could have been prevented with timely treatment. Or, a baby is born with a serious condition that could have been detected through proper fetal monitoring. It’s found that the doctor did not order the routine tests, but if they had, the baby’s condition could have been treated.
Birth injuries and negligent prenatal care
If a healthcare provider fails to diagnose a condition in a pregnant person that might harm the fetus, such as gestational diabetes or preeclampsia, this could be medical malpractice. Likewise, failure to recognize signs of fetal distress during labor and delivery could also cause irreparable harm to the baby.
Delivery methods like forceps or vacuum extraction could be risky; and while they are sometimes medically necessary, improper use of these tools could cause nerve damage or skull fractures for the baby. If the baby is in distress and the provider does not call for a Cesarean section quickly enough, it could result in oxygen deprivation that leads to brain damage or cerebral palsy.
Improper treatment or failure to treat
An example of failure to treat is if a doctor fails to order necessary tests or refer the patient to a specialist, resulting in a condition worsening or becoming untreatable. It could also be a patient presenting with obvious symptoms of an illness who is sent home without appropriate treatment, leading to severe complications. Another situation might be a patient who receives a treatment that is outdated or not suitable for their specific medical condition, resulting in harm.
Surgical errors
This might mean a surgeon performs a procedure on the wrong body part, leaves an instrument inside the patient, or other surgical mistakes. It could also include anesthesia errors, like administering too much or too little anesthesia, or failing to monitor the patient properly during surgery. This could lead to severe injury, brain damage, or death.
Medication errors
A doctor who prescribes the wrong medication, a medication that the patient is allergic to, has a contraindication with another medication or condition, or is the wrong dosage, could be liable for medical malpractice. There should be several safeguards in place to avoid these issues—the pharmacy should be checking medications before dispensing to avoid these errors, too, but sometimes they slip through.
Failure to obtain informed consent
A doctor is required to fully inform the patient of risks, potential complications and alternative treatment before performing surgery. If they do not seek the patient’s informed consent and the patient is injured by something they should have been told was a risk, they might be able to find the doctor liable for malpractice.
Hospital-acquired infections
This happens when a patient develops a serious infection while hospitalized because of unsanitary conditions in the hospital or failure by medical staff to follow proper sterilization procedures.
Pennsylvania medical malpractice legal principles
Statute of limitations
The statute of limitations is the amount of time a victim has to file a lawsuit. Generally, a Pennsylvania medical malpractice lawsuit must be filed within two years from the date the patient knew or should have known about the injury.
According to the Pennsylvania discovery rule, if the injury wasn’t immediately apparent, the two-year period starts when the patient discovers or should have reasonably discovered the injury.
Regardless of the discovery rule, no action can be brought more than seven years after the date of the alleged malpractice, except in cases involving a foreign object left in the patient’s body. This is called the statute of repose.
Certificate of Merit
When filing a medical malpractice lawsuit, the plaintiff must file a Certificate of Merit within 60 days. This certificate, signed by a qualified expert, must state that the medical care provided fell below the standard of care and caused harm.
Damage caps
There are no caps on compensatory damages, which include economic (for example, medical bills, lost wages) and non-economic damages (for example, pain and suffering).
Punitive damages are capped at twice the amount of compensatory damages. These are only awarded in cases where the defendant’s conduct was willful, wanton, or malicious.
Joint and several liability
Pennsylvania follows a modified joint and several liability rule. A defendant who is found less than 60% at fault is only responsible for their proportionate share of damages. If a defendant is found more than 60% at fault can be held liable for the entire judgment.
Wrongful death and survival actions
In cases where medical malpractice results in death, Pennsylvania allows for both wrongful death and survival actions. Wrongful death actions are brought by family members to recover for their losses, while survival actions allow for recovery of damages the deceased could have pursued had they survived.
Read more: Pennsylvania Nursing Home Abuse & Neglect: New State Laws
These laws reflect the balance Pennsylvania aims to maintain between protecting patients’ rights and ensuring that healthcare providers can practice without undue fear of litigation. If you believe you’ve suffered injury or illness because of medical malpractice, you can contact a Pennsylvania personal injury lawyer for guidance.
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read moreNeed a lawyer?
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