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Not all medical malpractice allegations are viable claims

Many residents of Pennsylvania may believe that a medical malpractice lawsuit may be filed after any negative medical result. However, no guarantees of success or positive medical results exist, as human error will always remain a possibility. Not all errors indicate medical malpractice. However, when actions of medical providers lead to personal injury or death of a patient, medical malpractice lawsuits may follow.

The victim of alleged malpractice might have a viable case if the physician’s actions did not follow the level of standards that are generally accepted. They may also name as defendants hospitals where the care provided was improper or where medication and sanitation showed signs of inadequate training. Most states have placed a legal limit on the amount of money that may be awarded in such claims, and there is a time limit effective in most states where medical malpractice claims have to be filed within two years. However, in extraordinary cases, a longer period may be allowed.

To ensure that only claims with merit are filed, patients who want to file malpractice lawsuits against medical professionals are usually required to obtain a certificate of merit. Obtaining such a document involves another expert, such as another doctor, to substantiate that the plaintiff’s medical provider failed to keep to medical practices that are accepted. The second physician would have to evaluate all the medical records related to the case. The certificate of merit has to be filed in court by the counsel of the plaintiff as evidence of a medical expert’s opinion.

When employees of hospitals commit acts of malpractice while on duty, the hospital may be held liable. This is important to the plaintiffs in malpractice lawsuits, as it provides some insurance that the employer will be financially responsible for providing compensation to the victim. However, attending doctors in medical facilities are commonly regarded as independent contractors and may be personally responsible if any monetary judgment is awarded. Hospitals who allow unlicensed physicians to operate from their premises may be held responsible in the event of a medical malpractice lawsuit arising.

While laws related to medical malpractice aim to protect the rights of patients, lawsuits often result in complex and costly litigation. It is, therefore, advisable for Pennsylvania victims of alleged medical malpractice to arrange a consultation with a [url=’/Civil-Litigation/Personal-Injury-Matters/Medical-Malpractice.shtml’]professional[/url]. After assessing the details, he or she will suggest the best way forward.

Source: FindLaw, “Medical Malpractice In-Depth“, , Aug. 24, 2014

Source: FindLaw, “Medical Malpractice In-Depth“, , Aug. 24, 2014


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