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Free ConsultationIf you get hurt in a car crash or from falling on private property, your ability to recover compensation for your injury-related losses will depend on whether you can prove someone else is directly at fault for harming you through negligence. In this context, someone is negligent if they violate a general duty of care to act responsibly and cause your injury through reckless or careless actions.
Holding a doctor liable for harm from medical malpractice also entails proving negligence, but there is a different definition for what qualifies as negligence in a medical context. Here is a brief overview of how negligence in Harrisburg medical malpractice cases works, as well as what an attorney from Lowenthal & Abrams can do to help you achieve the best possible result from your claim.
What Determines a Doctor’s Standard of Care?
Instead of the generic duty of care that applies to everyone, medical professionals are subject to the standard of care when treating a patient. The standard of care states that doctors should always conduct themselves with the same amount of skill and consideration that any equally qualified medical professional would under the same working conditions in a similar case.
Proving that a doctor was negligent in a Harrisburg medical malpractice claim requires you to prove that they acted recklessly or carelessly in a way that no other doctor would under similar circumstances. Physicians dealing with stressful working conditions—for instance, a surgeon inside a crowded emergency room—have more legal latitude for minor errors than doctors working in private practices or other non-stressful environments.
The Certificate of Merit Requirement for Malpractice Cases
A Harrisburg court needs evidence in medical malpractice litigation to prove that your doctor harmed you through legally actionable negligence. For your case to be heard in court, you need to obtain a certificate of merit while constructing your lawsuit or settlement demand. You must include that certificate alongside your initial complaint or file it with the court within 60 days of submitting your complaint.
The certificate of merit is a written statement made under oath affirming that you have reviewed your case with at least one appropriate licensed professional who believes—as indicated by their signature on the certificate—that it is reasonably likely you were harmed through malpractice. You will also need at least one medical expert to testify on your behalf at trial. This can be the same expert who signed the certificate of merit.
Contact One of Our Harrisburg Attorneys for Help Establishing Negligence in a Medical Malpractice Claim
Negligence is the focus of many personal injury claims. However, negligence in Harrisburg medical malpractice cases is not the same as in standard personal injury claims. Understanding the differences is crucial to achieving success with your lawsuit.
Assistance from a seasoned medical malpractice lawyer can make an enormous difference in how efficiently you can construct a strong civil claim and what chances you have of holding the right people accountable for your injury or illness. Contact Lowenthal & Abrams today for dedicated legal support.
