At Frischman & Rizza, we understand that navigating the complexities of medical malpractice can be overwhelming, especially when you're already dealing with the physical and emotional aftermath of medical negligence. Pennsylvania has specific laws governing medical malpractice cases, and it's crucial to understand how these laws impact your rights and your case.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional or facility fails to provide the standard of care that a reasonably competent professional in the same field would have provided under similar circumstances. This negligence can result in harm to the patient, including injury, worsening of an existing condition, or even death. In Pennsylvania, patients have the right to seek compensation if they have been harmed due to medical malpractice.

Key Aspects of Pennsylvania Medical Malpractice Laws

Statute of Limitations

One of the most critical aspects of medical malpractice law in Pennsylvania is the statute of limitations. Generally, you have two years from the date you knew or should have known that the malpractice occurred to file a lawsuit. However, there are exceptions, particularly in cases involving minors or when the malpractice was not immediately discoverable. It's essential to act promptly to ensure your right to compensation is preserved.

Certificate of Merit

In Pennsylvania, filing a medical malpractice lawsuit requires a certificate of merit. This document, provided by a qualified medical professional, states that there is a reasonable probability that the medical provider’s care fell below the acceptable standard and caused harm to the patient. Without this certificate, your case cannot proceed in court.

Damages and Caps

Pennsylvania does not impose a cap on compensatory damages in medical malpractice cases. This means that there is no limit to the amount you can be awarded for economic damages like medical expenses, lost wages, or non-economic damages such as pain and suffering. However, punitive damages, which are intended to punish particularly egregious behavior, are capped at two times the amount of actual damages.

Comparative Negligence

Pennsylvania follows the doctrine of comparative negligence. This means that if you are found to be partially at fault for your injury, your compensation may be reduced by the percentage of fault attributed to you. However, if you are found to be more than 50% at fault, you cannot recover any damages.

How These Laws Affect Your Case

Understanding Pennsylvania’s medical malpractice laws is crucial for ensuring your rights are protected. These laws are designed to balance the rights of patients with the need to prevent frivolous lawsuits. However, they also make it essential to have experienced legal representation. At Frischman & Rizza, we have extensive experience navigating the complexities of medical malpractice cases in Pennsylvania. We understand the nuances of the law and are dedicated to securing the best possible outcome for our clients.

Protecting Your Rights as a Patient

As a patient, you have the right to receive competent medical care. When that standard of care is not met, and you suffer harm as a result, you deserve justice. Medical malpractice cases are complex and often require expert testimony, thorough investigation, and strategic litigation. At Frischman & Rizza, we are committed to fighting for your rights and ensuring that you receive the compensation you deserve.

If you believe you have been a victim of medical malpractice in Pennsylvania, it’s important to act quickly. The legal team at Frischman & Rizza is here to help you understand your rights and guide you through the process. Contact us today for a free consultation, and let us put our expertise to work for you.