Medical malpractice refers to the negligence or substandard treatment provided by a healthcare professional that leads to injury, harm, or even death of a patient. In Philadelphia, like in other jurisdictions, individuals who suffer from medical malpractice have the right to seek compensation for their damages. However, understanding the basics of medical malpractice claims in Philadelphia is crucial for anyone considering pursuing such a legal action.
To establish a medical malpractice claim in Philadelphia, several elements must be proven. First, the plaintiff (the injured party) must demonstrate that there was a doctor-patient relationship, establishing that the healthcare professional owed a duty of care to the patient. This duty of care implies that the healthcare provider has an obligation to provide treatment that meets the accepted standard of care in the medical community.
The second element is establishing a breach of the duty of care. This means that the healthcare professional failed to provide treatment that meets the accepted standard of care, which includes acting with the same level of knowledge, skill, and care as a reasonably competent healthcare professional in the same field. To prove this breach, expert medical witnesses are often called upon to testify and provide their professional opinions.
The third element involves establishing a causal connection between the healthcare provider's breach of duty and the patient's injury. This requires demonstrating that the healthcare professional's negligence directly caused or substantially contributed to the harm suffered by the patient. This can be a complex task, as other factors unrelated to the healthcare professional's actions may have contributed to the injury.
In Philadelphia, as in other jurisdictions, there are certain procedural requirements specific to medical malpractice claims. For instance, in Pennsylvania, a medical malpractice lawsuit must be filed within two years from the date the patient knew or should have known about the injury. This is known as the statute of limitations. Failure to file within this timeframe may result in the claim being barred.
Furthermore, in Philadelphia, before filing a medical malpractice lawsuit, the plaintiff must obtain a certificate of merit. This document is a sworn statement from a qualified medical expert, stating that there is a reasonable probability that the healthcare professional deviated from the accepted standard of care and that this deviation caused the patient's injury.
Regarding damages, successful medical malpractice claimants in Philadelphia may be entitled to economic and non-economic damages. Economic damages typically include medical expenses, lost wages, and any other quantifiable financial losses resulting from the malpractice. Non-economic damages cover the patient's pain and suffering, emotional distress, loss of consortium, and other subjective losses.
It's important to note that Philadelphia, being a major city, has a specialized court system known as the Philadelphia Court of Common Pleas, which handles medical malpractice cases. This court has specific rules and procedures tailored to these types of cases, including mandatory alternative dispute resolution processes, such as mediation.
Understanding the basics of medical malpractice claims in Philadelphia is crucial for anyone considering pursuing a legal action. Establishing the elements of duty of care, breach of duty, and causation are essential, along with complying with procedural requirements specific to medical malpractice claims in Pennsylvania. Seeking the assistance of an experienced medical malpractice attorney in Philadelphia is highly recommended to navigate the complexities of such cases successfully.
