Medical Malpractice Laws in Pennsylvania – What You Need to Know

 

If you are considering bringing a medical malpractice claim, it is critical to understand how Pennsylvania law can affect your case. In addition to statutes of limitations on how long you have to file a claim, there are certain procedures and processes that must be followed in medical malpractice cases. Experienced local medical malpractice lawyers can advise you of your options and let you know what to expect when filing a claim.

How Long Do I Have to File a Medical Malpractice Claim in PA?In Pennsylvania, you have two years from the date an injury occurs or is discovered to file a medical malpractice claim. If you fail to bring a claim within this time frame, a court can dismiss your case, and you will not have any other legal recourse to pursue damages. There are extended statutes of limitations in some cases involving birth injuries or injuries to children, but it is always best to contact an attorney as soon as possible if you suspect medical negligence played a part in an injury or illness.

Medical Malpractice Laws in Pennsylvania

A medical malpractice case may be brought by a patient against any licensed healthcare provider, including a physician, nurse, mental healthcare professional, physical therapist, pharmacist, hospital, nursing home, medical practice, and other medical facilities or organizations.

The legal concept of modified comparative negligence is applied in all personal injury cases in Pennsylvania, including medical malpractice claims. This means that if the plaintiff shares any fault for their injury, an award for damages is reduced in proportion to the percentage of fault determined by a judge or jury. If the plaintiff is found to be 51% or more at fault, they are not entitled to recover damages.

In Pennsylvania, the Medical Care Availability and Reduction of Error Act (MCARE) requires all healthcare providers and hospitals to carry at least $500,000 in liability insurance coverage. The MCARE Act also resulted in the creation of a special state treasury fund that pays claims in excess of the $500,000 in coverage that healthcare providers and hospitals are already required to carry.

Are There Damage Caps on Medical Malpractice Awards in PA?

There is no limit on compensatory damages that may be awarded in a medical malpractice claim in Pennsylvania. A medical malpractice attorney may be able to help you recover damages such as:

●     Past and future medical bills

●     Past and future wage loss

●     Loss of earning capacity

●     Pain and suffering

●     Loss of enjoyment of life

●     Loss of consortium

In rare cases, punitive damages may be awarded. Punitive damages are designed to punish the defendant for egregious conduct and may not exceed 200% of the amount of compensatory damages. In addition, 25% of any award for punitive damages must be paid to the MCARE fund.

Filing a Medical Malpractice Claim

Before filing a medical malpractice claim, you must first give written notice to the healthcare provider within 180 days after the injury occurred. To reduce the incidence of frivolous lawsuits, Pennsylvania law also requires a plaintiff to file a “certificate of merit” with their complaint or within 60 days of filing the complaint. A certificate of merit must state that an appropriately licensed professional provided a written statement that asserts one of the following:

●     There is a "reasonable probability" that the health care provider did not meet the appropriate medical standard of care

●     The defendant was responsible for the person who breached the standard of care

●     Expert testimony is not required to pursue the claim

An “appropriate licensed professional” must have the proper education, training, knowledge, and experience to provide “credible, competent testimony” that the defendant failed to meet the accepted medical standard of care in the case.

Proving a Medical Malpractice Case

The burden of proof rests with the plaintiff in medical malpractice cases. This means that you must demonstrate the standard of care in the medical community for that specific treatment, that the defendant's medical professional did not adhere to that standard, and that their deviation from the standard of care caused your injury. Medical malpractice cases can be notoriously difficult to win, so regardless of the circumstances, you should find the best medical malpractice lawyers in Pennsylvania to evaluate your potential claim.

Our medical malpractice lawyers in Chester County, PA know what it takes to work towards successful outcomes in medical negligence claims.

This blog was originally posted on https://pa4law.com/medical-malpractice-laws-in-pennsylvania-what-you-need-to-know/

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The Tragic Impact of Anesthesia Awareness on a Patient and His Family

Anesthesia is a modern miracle that has had an impact on millions of lives since its invention in 1846. However, there are risks involved when a patient undergoes anesthesia. One of these risks is anesthesia awareness, which can occur when a patient wakes-up during surgery. This kind of event can be very traumatic and even led to the tragic death of a West Virginia pastor, leaving his family stunned and heartbroken. If you or someone you love has suffered the effects of anesthesia awareness, having your case evaluated by good medical malpractice lawyers is vital. 

How Does Anesthesia Awareness Happen?

When you have surgery, two types of anesthesia are usually administered. First, a paralytic is administered, which leaves you completely unable to move. The second type that is administered is designed to prevent pain and cause a loss of consciousness. Typically, patients’ eyes are taped shut during surgery as well, which means that if they wake-up during surgery, they cannot move and are unable to alert anyone that they are conscious of what is happening. If the paralytic works, but the anesthesia that is supposed to render a patient unconscious does not,  the patient may feel everything that is happening, but be unable to do anything about it.  

Is Waking Up During Surgery a Common Occurrence?

According to the Joint Commission on Accreditation of Healthcare Organizations, studies show that anesthesia awareness may happen in 0.1 percent to 0.2 percent of surgeries involving general anesthesia in the U.S. Half of all patients who experience anesthesia awareness report mental distress after their procedure. Many suffer from conditions such as PTSD, anxiety, depression, nightmares, and other long-term psychological effects. 

Sherman Sizemore’s Story

In 2006, Sherman Sizemore underwent exploratory surgery to determine the cause of recurring abdominal pain. The paralytic was effective, but the inhalational anesthesia was not. He was unable to move or speak and felt everything that was happening to him. Because his eyes were taped shut, he couldn’t see, which was likely terrifying. 

The medical team didn’t know that Mr. Sizemore was awake until 16 minutes into the surgery. They gave him an amnesia-inducing drug after they realized what occurred and did not inform him that he had been awake during part of the procedure. Although Mr. Sizemore was unable to remember exactly what happened, he knew something was wrong. 

Shortly after surgery, Mr. Sizemore began having panic attacks, insomnia, and nightmares. He also believed that people were trying to bury him alive. At 73 years old, he’d never had any psychological issues before the surgery. Tragically, two weeks after the operation, he committed suicide. In this type of situation, the best medical malpractice lawyers in Pennsylvania would likely recommend that the family consider bringing a wrongful death lawsuit against any negligent medical providers. 

The Family Takes Action

After the loss of their father, Mr. Sizemore’s daughters filed suit against Raleigh Anesthesia Associates. In their lawsuit, Mr. Sizemore’s family claimed that he was awake and felt agonizing pain during surgery. They reported that after the operation, he began behaving strangely – he complained of being unable to breathe, and although he was afraid to be left alone, refused to see his grandchildren. The lawsuit also alleged that Mr. Sizemore was plagued by doubt, wondering if he had imagined the excruciating pain. If Mr. Sizemore had been properly informed about what had happened during his surgery, he may have been able to get the psychological help needed. Their wrongful death claim was settled confidentially in 2008.

If you or a loved one has been affected by anesthesia awareness, our malpractice lawyers in West Chester, PA can help. Our experienced medical malpractice attorneys in Chester County, PA serve clients in Delaware County and other Pennsylvania counties as well. 

This blog was originally posted on https://pa4law.com/tragic-impact-anesthesia-awareness-patient-family/

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What Is The Length And Process Of A Medical Malpractice Lawsuit?

Medical malpractice lawsuits, which are customarily impacted by the backlog in the court system, are likely to be set back even further by the temporary closing of courts during the COVID-19 lockdown. Experienced medical malpractice lawyers will tell you that a case that goes to court will take years to make its way through the court system, and/or for any settlements to be paid. Most medical malpractice lawsuits are settled out of court, but attorneys on both sides are required to file motions and utilize the court process in other ways.

For all these reasons, personal injury lawyers carefully weigh the pros and cons of a court trial when representing a medical malpractice plaintiff. Often the individual and his or her family are in need of the settlement funds, but the attorney must ensure that the settlement offered out of court is fair to the plaintiff.

The process of a medical malpractice lawsuit includes at least four important steps.

1. Discovery

The discovery phase is triggered when your attorney files a medical malpractice complaint, and all involved sides are informed of the lawsuit. Each side of the medical malpractice lawsuit will request from the other:

●    Information

●    Evidence

●    Documentation

During this phase, both sides are building their case, should it go to trial.

2. Expert witnesses

Your attorney and opposing counsel each will call upon a medical expert to investigate the facts of the case, assess them against the accepted medical standard of care, and advise the attorneys on whether medical negligence has occurred. The medical experts are also required to determine if and how the negligence may have caused additional, undue injuries to the plaintiff (you).

It is possible these medical experts might both find that the health care provider met the medical standard of care and negligence had not occurred. The lawsuit then would likely be dropped.

However, if either expert finds the standard of care was not met and negligence occurred, more experts may be called upon. If the experts agree that negligence probably did occur, the medical malpractice lawsuit will proceed.

3. Settlement negotiation

The defense is likely to try to settle the case out of court, as 90% of medical malpractice cases are settled out of court. Going to trial is time-consuming and costly, and defense counsel will try to avoid it by making settlement offers. You can expect the initial settlement offer to be below the amount that your attorney might counsel you to accept. This is a delicate process, and one you should place in the hands of an attorney who is experienced in negotiation. If your attorney does not feel a fair settlement is offered, then your attorney is likely to take the case to court.

4. Payment of settlement

When a settlement is reached, or the court has ordered the defense to pay you, two types of payments may occur:

●    A structured payment, often awarded to birth injuries or malpractice against children, as the funds must last over a lifetime of medical care and support.

●    A lump sum payment, which is the total settlement. The plaintiff is advised to seek the advice of a family estate planning attorney to ensure the funds are managed well in terms of tax obligation and investment planning.

If you believe you have been injured due to medical malpractice, do not delay contacting an experienced medical malpractice law firm. There are statutes of limitation on these cases which vary from state to state. Contact Perna & Abracht, LLC today to get expert advice on your situation.

This blog was originally posted on  https://www.pa4law.com/what-is-the-length-and-process-of-a-medical-malpractice-lawsuit/

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What does a Health Care Directive Consist of? Here is the Info.

Everyone has the right to choose his or her own health care interventions and treatments. Yet sometimes an individual is comatose or has dementia or some other debilitation and cannot make health care choices. In this case, a health care directive will express to medical personnel the wishes of the individual when he or she was still able to make health care choices.

A health care directive refers to not just one document, but several. If you don’t have a health care directive in place, consult with a lawyer that handles wills as soon as possible. Your loved ones may thank you, as you will be saving them from some very difficult choices at a later time.

Your Living Will

This is sometimes called a health care declaration. It is not the same as the will you would leave, directing disposition of property after you die. This truly is a document that is activated when you are still living, but no longer able to make your own health care decisions.

In your living will, you must state what kind of medical care you do and do not want to receive. The primary example of this would be indicating if and when you want doctors to end life-support measures such as ventilation or feeding tubes, even though you will die without them (i.e., “pulling the plug”).

The Durable Power of Attorney for Health Care

This important document might also be called your medical power of attorney. In this, your estate planning law firm helps you select a trusted person to name your medical agent (also called attorney-in-fact). He or she will make medical decisions for you if you become incapacitated to make decisions.

Who should you choose as your agent? To review quickly, this should be someone who:

•    Is assertive. Your health care agent may need to stand up to the medical establishment, and/or to family members who don’t agree with your directives. Medical malpractice lawyers will tell you there is always a chance that your agent will need to recognize when medical care has gone wrong.

•    Lives nearby. Your health care agent may be needed to be present for weeks or months to make sure your health care directives are carried out. This could be a particular burden if your agent lives in another city or state.

•    Can be your financial agent. Because medical care involves financial decisions, it’s best to give your health care agent a durable power of attorney for finances as well. If you are naming two separate people, make sure you select two people who can get along and make decisions together on your behalf.

Sometimes the combined living will and durable power of attorney are called the “advance health care directive.” 

DNR Order

This stands for Do Not Resuscitate, and it is a specific order one might give when hospitalized to tell health care personnel you do not wish to have certain life-saving measures. Usually this is given by a person who is terminally ill. However, if you are already incapacitated, you cannot give a DNR order. To make your wishes known, you may create a “prehospital DNR” which can be presented to paramedics if they are called to your home or care facility.

If you do not have these important health care directives in place, schedule time with an an experienced estate attorney who will guide you through the process.

This blog was originally posted on https://www.pa4law.com/what-does-a-health-care-directive-consist-of-here-is-the-info/

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