Luxenberg Garbett Kelly & George P.C. has published an informative article addressing the key aspects of medical malpractice law in Pennsylvania. The article outlines how malpractice is defined, what victims must prove to pursue a claim, and the legal remedies available to those harmed by medical negligence. As Pennsylvania medical malpractice attorneys, the team at Luxenberg Garbett Kelly & George P.C. aims to help patients and their families understand their rights and legal options when healthcare providers fail to meet the accepted standard of care.

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or hospital, provides treatment that falls below the accepted standard and causes harm to a patient. According to the Pennsylvania medical malpractice attorneys at Luxenberg Garbett Kelly & George P.C., not all negative medical outcomes qualify as malpractice. “To have a valid claim, the care must deviate from what a reasonably competent medical professional would have provided under similar circumstances,” they explain.

In Pennsylvania, patients must prove four essential elements to succeed in a malpractice case: the existence of a provider-patient relationship, a deviation from the standard of care, a direct causal link between that deviation and the injury, and actual damages such as medical costs, lost income, or pain and suffering. The Pennsylvania medical malpractice attorneys note that proving these often requires professional medical testimony, which is mandated by state law.

One of the most important procedural requirements in Pennsylvania is the Certificate of Merit. This document, which must be filed shortly after the complaint, confirms that a qualified medical professional has reviewed the case and believes that malpractice may have occurred. Failing to submit a certificate of merit can result in dismissal of the claim. “This requirement helps ensure that only claims with a valid medical basis move forward,” explain the attorneys at Luxenberg Garbett Kelly & George P.C.

Common examples of medical malpractice include misdiagnosis, surgical errors, medication mistakes, failure to order appropriate tests, and birth injuries. The Pennsylvania medical malpractice attorneys emphasize that each case is unique and should be evaluated based on its own facts. “A delayed cancer diagnosis or a mistake during childbirth can have lifelong consequences, and victims deserve answers and accountability,” they state.

The article also addresses the timeframe for filing a malpractice claim. In Pennsylvania, the statute of limitations is generally two years from the date the patient discovered or should have discovered the injury. However, some exceptions apply, such as for minors, whose time limit may not begin until they reach adulthood. Luxenberg Garbett Kelly & George P.C. stresses the importance of consulting an attorney as soon as possible to preserve the right to file a lawsuit.

Victims of medical malpractice may be entitled to compensation for economic and non-economic damages. This includes reimbursement for medical bills, future treatment, lost wages, and pain and suffering. In cases of extreme negligence or misconduct, punitive damages may also be awarded. However, Pennsylvania caps punitive damages in malpractice cases, and these are only granted under limited circumstances.

The article cautions that medical malpractice cases are challenging and often vigorously defended by hospitals and insurance companies. Thorough preparation, access to professional witnesses, and an in-depth understanding of both medical and legal standards are essential. “Every case is approached with the goal of securing justice and fair compensation for clients,” the firm explains.

Luxenberg Garbett Kelly & George P.C. encourages anyone who suspects they or a loved one has been harmed by medical negligence to seek legal counsel promptly. The article serves as a practical starting point for understanding what medical malpractice is and what to do if it occurs.

About Luxenberg Garbett Kelly & George P.C.:

Luxenberg Garbett Kelly & George P.C. is a personal injury law firm with decades of experience representing victims of medical malpractice, serious injury, and wrongful death. The firm advocates for clients across Pennsylvania, helping individuals and families hold negligent parties accountable and recover the compensation they deserve. With a commitment to personalized service and strong legal advocacy, Luxenberg Garbett Kelly & George P.C. supports clients through every stage of the legal process.

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