What You Should Know About Settling a Medical Malpractice Claim in Pennsylvania

Settling a medical malpractice claim in Pennsylvania requires a thorough understanding of the state's laws and regulations governing such cases. If you believe that you have been a victim of medical negligence, it's important to be informed about the process and what to expect.

First and foremost, Pennsylvania has a statute of limitations governing medical malpractice claims. You generally have two years from the date of the alleged negligence to file a lawsuit. Failing to do so within this timeframe can result in your claim being barred, so it's crucial to take timely action.

Before filing a claim, you need to establish that there was a breach of duty by a healthcare professional. This means proving that the medical provider did not meet the standard of care that a reasonable provider would have followed under similar circumstances. This often requires the assistance of medical experts who can testify to the standards of practice in that field.

Once you believe you have a valid claim, consider consulting with a qualified medical malpractice attorney. An experienced lawyer can guide you through the complexities of the legal process, help gather necessary evidence, and provide you with important insights into the strength of your case.

Pennsylvania employs a "certificate of merit" requirement for medical malpractice claims. This means that, before filing a lawsuit, you must obtain a certification from a qualified medical expert who indicates that your case has merit. This requirement aims to weed out frivolous lawsuits and ensure that only legitimate claims are pursued.

After filing a lawsuit, the settlement process begins. Many medical malpractice claims are settled out of court. During this phase, negotiations between the parties will take place, typically involving the defense's insurance company. It's essential to remain patient during this process, as negotiations can take time to reach a satisfactory agreement.

When negotiating a settlement, consider all potential damages, including medical expenses, lost wages, pain and suffering, and any future medical treatments that may be necessary. A comprehensive evaluation of these factors will help you understand the full value of your claim.

Keep in mind that Pennsylvania follows a "comparative negligence" rule, meaning that if you are found partially at fault for your injury, your compensation may be reduced. This is crucial to consider as you prepare for settlement discussions.

If a settlement cannot be reached, your case may proceed to trial. During a trial, a judge or jury will hear evidence and determine whether negligence occurred and, if so, the appropriate compensation amount. Trials can be lengthy and unpredictable, which is why many victims prefer to settle.

In summary, settling a medical malpractice claim in Pennsylvania involves understanding the legal requirements, establishing negligence, and engaging in negotiations to reach an acceptable settlement. By working with a knowledgeable attorney and being aware of the intricacies of the process, you can improve your chances of a successful outcome.