You may have cause for a medical malpractice claim if a provider, like your doctor, nurse, or facility, deviates from the accepted and professional standard of care, causing harm. Claims may be the result of misdiagnosis, surgical mistakes, medication errors, or inadequate follow-up.
Demonstrating that a healthcare professional’s conduct was negligent requires proving the existence of four specific elements, and without each of them, the case will not succeed. Working with an experienced medical negligence lawyer who is seasoned in proving liability in Allentown medical malpractice claims is essential.
To prove that a physician was negligent, the plaintiff’s case must show that the four essential elements exist, including:
The first component demonstrates that the defendant owed the patient a duty of care. Evidence of a doctor-patient relationship satisfies this portion.
The second is documentation showing they breached that duty and failed to provide the same level of care that any other reasonably competent doctor in a similar situation would have provided. That requires evidence of a deviation from the standard, such as failing to recognize symptoms or diagnose the patient with a condition based on the available facts. Expert testimony, such as the Certificate of Merit, which is a procedural requirement for medical malpractice lawsuits, is almost always required to establish the standard of care and breach.
Proving causation requires evidence that their violation directly caused the patient’s harm. That could include showing that the condition worsened while they were not receiving appropriate treatment.
The last element is damages and losses, which require documentation demonstrating that the plaintiff sustained actual, quantifiable injuries and other damages, such as financial losses. Hospital records, expert statements, and hospital bills would fulfill that requirement. Our knowledgeable attorney could review the case to verify that all the necessary elements are present and answer questions about liability in medical malpractice cases in Allentown.
The first crucial deadline to be aware of when planning to file a medical malpractice lawsuit is the statute of limitations. The instructions provided in 42 Pennsylvania Code § 5524 establish a general two-year rule for filing the lawsuit, running from the date the patient knew, or reasonably should have known, of the injuries they sustained as a result of the defendant’s medical care, treatment, or services.
The discovery rule provides that the clock for patients who are not immediately aware of the malpractice begins to run on the day of the medical diagnosis. However, they must file within 7 years of the negligent medical care, as required by the Statute of Repose. The civil court will dismiss any cases filed after that time without hearing them, regardless of how much later the date of discovery is. Missing deadlines typically permanently bar recovery of monetary damages.
Settlement amounts can vary substantially based on the extent of injuries and the negligence of the healthcare professional. The civil court usually compensates for all out-of-pocket expenses, such as medical care and lost wages, as well as non-economic damages, such as psychological and emotional distress, chronic pain, and suffering. A lawyer skilled in establishing liability in Allentown medical malpractice cases could assist in building a strong claim to obtain the maximum potential payout.
You must hold them legally and financially responsible if a negligent healthcare professional caused you harm. State laws safeguard residents by providing protections for patients and the civil court process to file a claim for damages.
However, the cases are complex and require an additional step, the Certificate of Merit, to prevent cases from proceeding without legal cause. Contact our office right away to schedule a consultation with a compassionate lawyer and learn more about liability in Allentown medical malpractice claims.