Medical Malpractice: What You Need to Know

On This Page

1. Medical Malpractice and The Statute of Limitations
2. Damages Recoverable in a Medical Malpractice Case
3. Recovering compensation after an injury

REVIEWED BY

C. William Kenny

September 09, 2022

Board certified by National Board of Trial Advocacy

If you were seriously injured due to the negligence of a physician or health care provider, it is important to know you have options.

All doctors and medical providers must follow a “standard of care,” meaning that they have the responsibility to treat their patients within an accepted and predictable treatment plan and to inform them of alternative treatments and possible risks arising from treatment.

One important thing to remember about Medical Malpractice claims, is the Statue of Limitations.

In Pennsylvania, the Statue of Limitations in civil cases is two years. This means a person has two years from the date of the injury in which to settle a claim or file a lawsuit.

Medical Malpractice cases follow the two-year Statue of Limitations; however, it is important to know the differences when pursuing a medical malpractice claim rather than a personal injury claim.

Because medical malpractice claims can be complex, it is important to hire an attorney who understands these claims and how the statute of limitations may be effected by specific facts arising in medical malpractice claims.

Medical malpractice can be committed by any health care provider, not just a doctor.

Some of the most common medical malpractice claims we see are:

• The misdiagnosis of a medical condition or injury.
• The improper treatment for an illness or injury.
• The administration of the wrong medication.
• Failure to inform a patient of all risks involved with a treatment or procedure.

• Failure to inform a patient of all alternative treatments for a medical condition.

Medical malpractice cases are often complex.

A patient needs to prove that substandard medical care resulted in an injury.

Medical Malpractice and The Statute of Limitations

The Statue of Limitations states that a person must settle their claim or file a lawsuit within two years of their injury.

However, when it comes to medical malpractice claims, you may have more time.

This is because when a person is injured due to the negligence of a medical professional, sometimes the injury is known or appreciated right away.

In medical malpractice claims, the statute of limitations begins when a person’s injury is discovered.

An example of this could be a prescription drug error.  Prescribing too much or too little of a drug can cause a person to have severe reactions. These reactions may take time to arise which is why a person has two years after they discover the medical error.

There are exceptions to this, however. If the court feels a person had reasonable amount of time to know that a medical error had occurred, they may not have more than the two-year standard.

Contacting an experienced medical malpractice attorney will help your claim.

Damages Recoverable in a Medical Malpractice Case

You can collect compensation to cover a variety of expenses and losses you experienced as a result of medical malpractice.

These recoverable damages may include:

• Additional medical care and treatment required because of the error.

• Ongoing care costs.
• Future care costs.
• Prescription medication.
• Other costs related to your treatment and care.
• Lost wages and benefits.

• Diminished earning capacity.
• Miscellaneous related expenses.
• Pain and suffering.
• Mental anguish.
• Wrongful death damages, if your loved one passed away because of a medical error.

If you believe your injury or illness may be due to a medical error, it is important to know your rights.

Do not assume the blame. Contact an experienced attorney to discuss your case. Calling Berger and Green is free, and we never charge a fee unless we win your case.

It is important to hold negligent parties accountable for your injuries and to get the compensation you need to recover.

Recovering compensation after an injury

At Berger and Green, our attorneys will take aggressive action to pursue the compensation your family needs and deserves after an injury. With decades of experience helping clients recover money for their expenses and losses, our team is ready to go to work for you.

Contact the personal injury attorneys at Berger and Green at 412-661-1400 for a free no obligation consultation.