What is Considered Medical Malpractice in Pennsylvania?

If you or a loved one were harmed during medical care, you may be wondering what counts as medical malpractice in Pennsylvania. In this article, we’ll cover how to tell what qualifies as medical malpractice in Pennsylvania, why it matters, and how you can take a step forward if you believe you have a case.

What Does Medical Malpractice Mean In Pennsylvania?

In Pennsylvania, a medical malpractice claim occurs when a healthcare provider fails to meet the standard of care that a reasonably competent provider would follow and that failure causes you harm.

These are the criteria for a medical malpractice claim:

Duty of care

A health provider must owe you a duty of care, which means they agreed to treat you or accepted your care.

Example: If you visit an emergency room and a doctor examines you, that doctor now has a duty to give you safe and reasonable care. However, if a doctor is talking casually at a social event and someone asks for informal advice, that does not create a duty of care.

Breach of the standard of care

The provider must have acted or failed to act in a way that goes against what other similar providers would have done in the same situation.

Example: A doctor fails to do an X-ray for a patient who comes in with a clear sign of a broken bone. Another reasonably careful doctor would have ordered that test right away. Because the test was skipped, the injury got worse. This difference in care can show a breach of the standard of care.

Causation

You must show that the provider’s breach directly caused your injury. It’s not enough that the provider made a mistake and you were hurt. The mistake must have been a substantial factor in the harm.

Example: If a nurse gives you the wrong medication and it causes an allergic reaction that sends you to the hospital, the reaction is tied to that mistake. If the mistake didn’t cause harm, then there is no causation.

Damages

You must have suffered real harm, such as medical bills, lost wages, pain and suffering, or other measurable losses. Without damages, even if you can show breach and causation, there is no claim.

Example: If a delayed diagnosis caused your condition to get worse, you might face more medical bills, longer recovery time, or missed work. These losses are damages, and they must be proven for a medical malpractice claim.

Why Do These Legal Requirements Matter?

Understanding these rules helps you decide whether you might have a medical malpractice claim in Pennsylvania. It also helps you know what questions to ask and what evidence may matter.

• If any one of the four elements is missing (duty, breach, causation, damages), then a claim may not be valid.
• These rules help protect patients by setting a standard for care. They also protect providers by requiring clear evidence before a claim can proceed. For example, Pennsylvania law requires what’s called a certificate of merit in many medical malpractice cases. A certificate of merit confirms that a qualified medical professional has reviewed the claim and believes there is a reasonable basis to move forward with a lawsuit.
• The statute of limitations matters a lot. If you wait too long to start a claim, you may lose your chance. In Pennsylvania, this is usually two years from when the injury was discovered unless an exception applies.

What Are Common Examples Of Medical Malpractice In Pennsylvania?

Here are some typical scenarios:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Birth injuries
• Brain Injury

What Should You Do Next If You Think You Have A Claim?

• Keep copies of all your medical records and notes about what happened, when, and how you were harmed.
• Do not delay seeking help. Acting sooner helps because evidence may fade, memories may fade, and deadlines may pass.
• Reach out for a legal consultation to review your situation. An experienced medical malpractice lawyer in Pennsylvania can give you a clearer idea of whether you have a case and what to expect, as well as understand medical facts and legal rules.
• Prepare for the possibility of a settlement or lawsuit. Understand that a claim may not always go to trial, but negotiating a fair resolution is part of the process.

Ready To Find Out If You Have A Claim?

If you believe you were harmed by a healthcare provider’s careless actions in Pennsylvania, don’t wait. Contact us at Lowenthal & Abrams, P.C. We’ll review your case at no charge and talk about your rights.

You deserve to know your options and to hold the care provider accountable if you were harmed through no fault of your own. Let’s get started.