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Medical malpractice legislation is a complex area of law that requires a person to take additional steps before filing a claim in civil court. Understanding the guidelines of the relevant statutes and meeting the requirements for filing deadlines is crucial for successfully proving liability and collecting damages from a healthcare provider.
You have the right to act with the assistance of a seasoned medical malpractice attorney when you sustain harm while in the care of a physician, dentist, nurse, or other healthcare provider. The legal professionals at Lowenthal and Abrams are experienced in cases that require establishing liability in Erie medical malpractice claims and can help you review a case.
Necessary Elements Needed To Establish Liability
Proof that a medical professional made a mistake is not enough to establish liability and collect a payment for damages. An injured person must prove the presence of each element of negligence, including:
- They were seeking treatment from the medical care provider, and there was a legal obligation to provide the standard of care
- The physician’s actions failed to meet the medical professional standard of providing quality care
- The failure to meet this standard, caused them to experience harm
- They sustained verifiable damages, including physical, psychological, or financial losses
Proving liability in medical malpractice claims requires strong legal and medical knowledge, and an Erie attorney understands the ins and outs of these regulations. A skilled legal professional from our firm can help you navigate the process from start to finish.
Comparative Negligence in Medical Malpractice Cases
Sometimes, after hearing the case and reviewing evidence from both parties, the civil court will determine if the person shares part of the liability for the damages. Per the instruction provided in the 42 Pennsylvania Code § 7102, the state follows a comparative negligence rule for cases involving medical malpractice.
This means the court will reduce the payout for the individual making a claim by their percentage of responsibility. For example, should the jury determine that the person is 15 percent liable after reviewing the evidence and the total award amount is $100,000, they will collect $85,000. While the rule in Erie has benefits because it does not bar recovery for sharing fault, it is also crucial to build a powerful claim to establish the full extent of liability for medical malpractice.
Deadline for Pursuing Legal Action
The state regulation, called the statute of limitations, provides that the person making the claim must file the lawsuit within two years of the date of the procedure or medical care and injuries that occurred. However, patients in these cases commonly realize they sustained damages much later. In those instances, the discovery rule provides an exception, and the time does not start until they reasonably discover their injuries.
Let Our Erie Attorneys Help You Establish Liability in a Medical Malpractice Claim
All personal injury cases require a strong understanding of the law to navigate efficiently and maximize potential compensation. Medical malpractice claims are often the most complex of these and can present additional hurdles. Working with a well-practiced lawyer from our firm to help build your case and establish liability in an Erie medical malpractice claim is the best way to protect and enforce your legal rights.
