Medical malpractice is defined as a medical professional providing substandard treatment that injures a patient. This means a medical professional such as a doctor, nurse or surgeon provided treatment or care that caused a patient an additional injury. Whenever a medical professional does not provide standard medical care, they can be sued.
A medical malpractice harrisburg pa lawyer follows the Medical Care Availability and Reduction of Error Act (MCARE). The state law requires healthcare providers, which includes hospitals, to have at insurance coverage of least $500,000. They also must create a fund with the state treasury. This fund is to reasonable compensation patients injured because of medical malpractice.
When Can a Medical Malpractice Claim Be Brought to Court in Harrisburg?
According to Pennsylvania law, an injured patient has two years from the date of the injury to file a lawsuit. The lawsuit must be based on medical negligence. Medical negligence must be proven in court to obtain money from the medical professional. Medical negligence occurs when a medical professional fails to act as another Harrisburg medical professional would in the same and/or similar circumstances.
It is important to explain that state law allows the statute of limitations to start running when the patient was injured or should have been injury. It also starts when the injury has been discovered. For example, a surgeon caused amputated a patient’s wrong limb. Statute of limitations starts the day of the surgeon and stops on the same day the injury occurred two years later.
An injury may not always be discovered immediately. That’s why the stat of limitations covers injures discovered later. This is called the discovery rule. An injury may not always be discovered quickly.
The patient can’t be punished for not knowing their medical professional injured them. Once the patient discovers they were injured, the statute of limitations starts. It ends two years later.
Statute of Repose is One Exception to the Discovery Rule
If a patient discovers they were injured more than seven years later, they can’t file a lawsuit. This is called statute of repose. They are prevented from filing because the injured happened too long ago.
Contact a Medical Malpractice Lawyer in Harrisburg, PA for Assistance
When bringing any type of medical malpractice claim against a medical professional, the injured patient has the burden of proving it happened. The state requires the injured patient to prove their case using three things. The first is standard of care. This is the way the medical professional’s treatment is measured as negligent or not.
The second is the medical professional deviated from that medical standard set. This means they failed to treat the patient as a similar Harrisburg medical professional would have. The last element is the medical professional was the direct or proximate cause of the injury. This means the medical professional did something to cause the patient’s injury. It’s important to talk to a medical professional regarding your potential case.