There must be a breach in the standard of care to constitute medical malpractice in Pennsylvania. A breach in the standard of medical care must be determined by a qualified expert witness based on the medical specialty involved in the case. The breach in the standard of care must be the cause of the harm or death.
In a medical malpractice case, the Plaintiff must establish two main elements. First, the Plaintiff needs to prove that there was negligence, which in a medical malpractice case is also referred to as a breach in the standard of care. Second, the Plaintiff must prove that the negligence caused the harm. These legal elements in a medical malpractice case are established through expert witnesses.
A vital starting point in any medical malpractice case is understanding the statute of limitations. This legal time limit dictates how long a person has to file a claim.
- In most jurisdictions, the standard window is two years from the date the malpractice occurred.
- For minors, that window typically extends until their 18th birthday plus two additional years.
- Certain exceptions apply, such as the discovery rule, which allows more time if the negligence wasn’t immediately evident.
Unlike some other types of legal claims, medical malpractice cases typically take years to resolve. The average timeline from filing to trial can easily exceed two years, and in many jurisdictions, that timeframe is often longer.
Key factors that contribute to the extended timeline include:
- Court scheduling delays based on the county or jurisdiction.
- The discovery process, which includes document production and depositions.
- Expert review and consultation, necessary for establishing medical standards and deviations.
Here’s a typical breakdown of the entire process from filing to trial:
- Pleading Phase (3–6 months): Filing complaints, responses, and legal motions
- Discovery Phase (6–12 months or longer): Depositions, document production, IMEs
- Post-Discovery: Expert report exchanges, pretrial statements, trial scheduling
Once discovery concludes, the legal team focuses on finalizing expert opinions and preparing for trial. While no more depositions typically occur after discovery closes, new evidence or developments can always trigger additional proceedings.
Talking to the doctor or hospital representative before contacting a lawyer is not required. In most circumstances, speaking with a doctor or hospital representative about your injury or harm is not going to impact your case in any way.
The main element to prove in a medical malpractice case is whether there was a breach in the standard of care. The next element to prove is whether the breach in the standard of care caused the harm or death. There are some cases in which causation may be the hardest element to prove. In some cases, a breach in the standard of care may be hard to prove. This is very fact specific to each case.
There is really no difference between malpractice and negligence. To be successful in a medical malpractice case, the injured party must prove that the medical provider was negligent, which means a breach in the standard of care. This burden is met, in most all cases, using expert witnesses.
Medical negligence can take many forms, ranging from errors in diagnosis to mistakes made during surgery. In any of these instances, the outcome must be directly linked to the provider’s deviation from the standard of care.
Some common types of negligence include:
- Misdiagnosis or delayed diagnosis: Failing to correctly identify a condition in a timely manner
- Surgical errors: Operating on the wrong body part or leaving instruments inside the patient
- Medication mistakes: Prescribing the wrong drug or incorrect dosage
- Birth injuries: Failing to respond appropriately to complications during delivery
- Failure to obtain informed consent: Not fully informing the patient of risks before a procedure
Causes of medical malpractice vary and can range from surgical technique errors, poor communication amongst treating nurses and/or physicians, failure to timely treat a medical condition and the failure to timely transfer a patient in need of emergent or urgent specialty care.
Recoverable damages in a medical malpractice case include economic and non-economic damages. The economic damages are lost wages, loss of future earnings, and past and future medical expenses. Non-economic damages include pain and suffering, scarring and disfigurement, if applicable, mental anguish, embarrassment, and humiliation.
The steps involved in a medical malpractice case are generally obtaining the medical records, review and analysis of the medical records by the attorney and/or legal nurse consultant, medical experts review of the medical records, and then filing a case in the court system. In some circumstances, if merit to a case is determined, then a pre-lawsuit settlement can be entertained.
The majority of cases do settle out of court; however, many cases will go to a jury trial.
The alternatives to filing a lawsuit are attempting to resolve the claim through the applicable insurance carrier for the medical provider. This depends on many factors including the insurance carrier involved, the merits of the case, and the extent and nature of the harm.
Consent documents may play a role in malpractice claims—but they don’t block your legal options.
- A signed form can be used as evidence, particularly in claims related to lack of informed consent.
- However, it does not serve as a waiver of your right to pursue a malpractice claim.
- Providers are still legally required to deliver care that aligns with accepted medical standards.
Mediation is a non-binding and confidential process facilitated by a neutral third party, known as the mediator. The goal is not to declare a winner or impose judgment, but to guide both sides toward a voluntary, mutually agreeable resolution.
Key aspects of the mediation process include:
- Voluntary participation: Both parties must agree to take part.
- Neutral facilitation: The mediator helps clarify issues and promotes productive discussion.
- Separate sessions: Often, each party is in a separate room while the mediator moves between them.
- No final ruling: The mediator does not decide the outcome; the parties control the result.
Arbitration is a more formal process that shares similarities with a traditional trial. The parties present their case to an arbitrator—or a panel—who then issues a binding decision.
Key features of arbitration include:
- Binding resolution: The arbitrator’s decision is final and typically enforceable by law.
- Structured proceedings: There is a presentation of evidence, witness testimony, and legal argument.
- Private and less formal: While structured, it avoids some of the public exposure and cost of court.
- Limited appeal options: Unlike a court trial, arbitration usually offers no appeal unless exceptional circumstances arise.
Arbitration can be ideal when a dispute is highly contentious or when one or both sides need a legally enforceable outcome—common in cases involving medical malpractice or contractual obligations between providers and patients.