Medical malpractice can cause serious and fatal injuries that leave victims unable to advocate for themselves. Such injuries may prevent a patient from pursuing a Philadelphia wrongful death claim, leaving families unsure of their rights.
In many situations, the law allows family members or legal representatives to take action on behalf of a medical malpractice victim who is unable to pursue legal action themselves.
Requirements for a Valid Medical Malpractice Claim in Pennsylvania
The same legal standards apply, whether the patient or a family member files a claim. A valid Philadelphia medical malpractice claim must establish four elements.
- First, the professional must owe a duty of care under a provider–patient relationship.
- Second, the provider must have breached the professional standard of care. This means the provider failed to act as a reasonably competent medical professional would under similar circumstances. This element usually requires expert medical testimony.
- Third, the breach must have directly caused or significantly contributed to the patient’s injury or death.
- Finally, the patient must have suffered measurable damages, such as medical expenses or other losses.
Without all four elements, a Philadelphia hospital malpractice claim will fail, regardless of who files it.
When Can Family Members File a Lawsuit on Behalf of a Victim?
Family members may pursue legal action on behalf of a loved one in several situations. These are the most common:
When the victim is a minor
Children cannot file lawsuits on their own. Parents or legal guardians may file a medical malpractice claim on a child’s behalf, generally until they reach 18 years of age. These cases often involve birth injuries, surgical errors, and misdiagnoses affecting minors.
When the victim is incapacitated
If a malpractice victim suffers brain damage or another condition that leaves them unable to manage their own legal affairs, a legal guardian or person with power of attorney may file a claim on their behalf.
Wrongful death cases
If medical negligence results in death, certain surviving family members may bring a wrongful death claim to recover losses suffered by surviving family members. Typically, this includes a spouse, children, or other close relatives, depending on the circumstances.
Estate and survival actions
In addition to wrongful death claims, the personal representative of the deceased person’s estate may file a survival action to recover damages the victim suffered before death. Examples include pain, suffering, and medical expenses.
Compensation Available in a Medical Malpractice Claim
Victims of medical malpractice can recover two main types of damages: economic and non-economic. Economic damages compensate you for financial losses related to the incident, chiefly those that can be proven with documentation. Non-economic damages cover personal, nonmonetary losses that do not have a clear financial value.
Your damages award may include money for:
- Past and future medical expenses
- Rehabilitation and long-term care costs
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
Wrongful death cases offer additional compensation for funeral and burial expenses, loss of financial support, and loss of companionship/consortium.
A Medical Malpractice Lawyer Can Help You Take Legal Action for Your Loved One
Family members can file medical malpractice lawsuits on behalf of a loved one in certain situations. A medical malpractice lawyer can evaluate whether you have a valid claim, identify who has the legal authority to file, and guide your family through the claims process.
If you believe a loved one was harmed by medical negligence, consult Morris Wilson Knepp Jacquette, P.C. to schedule a free consultation to learn more about your options.