How Much Can You Sue for Medical Malpractice in Pennsylvania?

If you have been severely injured or contracted a severe illness because of possible medical malpractice, you unfortunately know how painful the consequences can be in physical, psychological, and financial terms.

You also may have many questions about your legal rights when it comes to holding healthcare providers liable for the harm their actions may have caused you, as well as what kind of financial compensation you could reasonably expect from such a claim.

Every medical malpractice lawsuit is unique, so what qualifies as fair recovery for you may be different from what might be seen as just for another person injured under different, or even identical, circumstances.

The value of a medical malpractice claim depends on the harm the malpractice caused and the evidence available to prove those losses.

Recovering for Short-Term and Long-Term Losses

There is no fixed amount you can sue for medical malpractice in Pennsylvania. A claim’s potential value may depend on the severity of the injury, future medical and care needs, lost income and earning capacity, pain and suffering, disability, and the evidence available to establish those losses. No attorney can guarantee a case value before reviewing the specific facts and records involved.

The amount a person may be able to recover depends largely on the specific damages they can prove they have experienced or are likely to experience in the future as a direct result of the malpractice.

It is worth emphasizing that when it comes to damages an injured person will experience in the future, it is possible, and often vital, to account for damages that may not become fully apparent until years after the case begins.

On the economic side, this means getting a comprehensive understanding of the long-term health consequences of the injuries or illness caused by the malpractice in question and then calculating in advance the costs of future medical and rehabilitative treatment, in-home assistance, other disability-related expenses, and lost income and earning capacity.

Non-economic damages can be trickier to assign a financial value, but a skilled legal professional can help assess fair compensation for things like physical pain and psychological harm based on the facts and evidence in the individual case.

Are There Caps on Medical Malpractice Damages?

In many places around the United States, state law places a cap on the total compensation that a person pursuing a medical malpractice claim can recover for their damages.

Usually, these caps restrict the amount of money an injured person may seek specifically for non-economic damages, but sometimes, caps apply to recovery for both economic and non-economic damages.

Pennsylvania generally does not impose a statutory cap on economic or non-economic compensatory damages in ordinary medical malpractice claims. Separate limits may apply in certain claims involving governmental defendants.

There are caps under state law on the amount of punitive damages that may be awarded in certain medical malpractice cases, although punitive damages arise only in limited circumstances. Under Pennsylvania law, punitive damages may be awarded for willful or wanton conduct or reckless indifference to the rights of others; gross negligence alone is not sufficient. Except in cases alleging intentional misconduct, punitive damages against an individual physician generally may not exceed 200% of the compensatory damages awarded.

What Evidence Can Affect the Value of a Medical Malpractice Claim?

The value of a medical malpractice claim depends not only on the extent of the harm but also on the evidence available to show what happened and how the injury has affected the patient.

Relevant evidence may include medical records, treatment plans, bills, employment and wage information, documentation of future care needs, and opinions from medical professionals. In cases involving a lasting disability or reduced ability to work, additional evidence may be needed to show how those losses are likely to affect the patient over time.

Strong documentation can help establish the nature of the injury, the treatment that may be needed in the future, and the financial and personal losses caused by the malpractice.

How Can a Lawyer Help Evaluate a Medical Malpractice Claim?

When evaluating the amount of money you can sue for medical malpractice in Pennsylvania, an attorney can review the nature of the injury, its long-term effects, financial losses, and the evidence available to support the claim.

Beyond helping to identify and estimate a fair value for your damages, your malpractice lawyer can also assist you in navigating the legal and procedural requirements involved in pursuing the claim.

Lowenthal & Abrams, P.C. has represented injured clients since 1975. Our team includes 17 attorneys, as well as a medical doctor and a nurse who assist with the review of complex medical issues.

Contact Lowenthal & Abrams today to learn more about your legal options during a free consultation. We offer free consultations, with no upfront cost and no fee unless you are compensated.