If a healthcare provider’s negligent actions injured you, you may be feeling overwhelmed and wondering whether you have a valid legal claim against them. If you can prove that a medical professional acted below the accepted standard of care and caused your injury, you may be able to bring a negligence claim against them. Establishing negligence in Philadelphia medical malpractice cases can be complicated because the likelihood of success depends heavily on the medical judgment of healthcare professionals and the circumstances of the case. At Soloff & Zervanos, P.C., our experienced medical malpractice attorneys could guide you through the process.
In Philadelphia, the Medical Care Availability and Reduction of Error (MCARE) Act governs medical malpractice claims related to negligence. These claims—commonly called “medical professional liability,” “medical negligence,” or “professional negligence”—may be brought against healthcare providers when their services fall below the accepted professional standard of care and cause injury. To successfully claim medical negligence, you must prove that the medical provider owed you a professional duty of care, deviated from the accepted standard, and caused you harm.
The MCARE Act recognizes a duty to a patient only when the incident occurs between a patient and a healthcare provider. It generally requires expert testimony and sets qualification requirements that must be carefully followed. The expert’s role is to define the actions that fall within the provider’s professional duty of care, prove how they deviated from that duty, and convince the court that your injury directly resulted from their actions. You must prove that you suffered actual harm, either as economic damages (such as medical expenses) or non-economic damages (such as pain and suffering). In Pennsylvania, there is a maximum limit on the damages you may recover.
The MCARE Act provides important process-related rules that must be followed. For instance, it requires that a Certificate of Merit (COM) be submitted to the court within 60 days after the negligence malpractice claim is filed. The COM document certifies that the expert testimony will support your claims.
Additionally, under 42 Pennsylvania Consolidated Statutes § 5524(2), the statute of limitations for negligent medical malpractice claims is two years from when you knew or reasonably should have known that medical negligence caused your injury. However, outside of narrow exceptions, medical professional liability lawsuits in Philadelphia must be filed within seven years of the provider’s wrongful act. For example, if a provider acted negligently in 2015 but you did not discover the injury until 2021, the statute of limitations allows two years from discovery to file. However, because 2023 is more than seven years after 2015, you would be barred from filing the claim, even though you only recently learned of the injury.
Medical malpractice cases involve complex legal rules that can be challenging to navigate alone. If you are a victim of medical malpractice, you should seek immediate legal assistance to meet the MCARE Act’s time-sensitive requirements.
Our attorneys at Soloff & Zervanos, P.C. are experienced in proving negligence in Philadelphia medical malpractice cases and could help you obtain compensation for your injury. Contact us today to discuss your case.
