Most Pennsylvanians do not have to worry about filing a medical malpractice claim. Most people do not experience anything out of the ordinary when they visit the doctor or have medical procedures done. But, for those of us that have to go through a situation where a medical mistake takes place, which adversely impacts our health, then we have to start thinking of what to do next. Medical malpractice is when a medical professional acts negligently with respect to his/her duties, thus, causing harm to someone in their car. Malpractice cases are negligence claims that are filed by the patient, or the injured party.
Although every state has its own rules and regulations governing medical malpractice claims, the definition of medical malpractice remains constant. For a claim of this nature to even be initiated, the patient has to actively pursue the claim meaning that the onus is on the patient to do so. If a patient decides to go forward with a malpractice action based on medical neglect then the patient would have to prove their case in chief. Because this is essentially a negligence case, the patient would have to prove that the doctor owed a duty and breached that duty which was the proximate cause of the patient’s injuries. Each element has to be satisfied in order to prevail in a court of law.
Now, even if a patient is successful in proving that medical malpractice occurred, that does not mean that a big payday is on the horizon. There is legislation in place that puts caps on the amount of money that you can collect from a medical malpractice payout. Additionally, depending on the state, an action of this type may be difficult to pursue, as there is a statute of limitations on such claims.
Understanding what medical malpractice is and the patient’s rights and responsibilities is paramount. A lawyer may be able to help.