With our primary office located in Conshohocken, our medical malpractice lawyers are equipped to handle a variety of complex medical negligence matters in Montgomery County, including Abington, King of Prussia, Norristown, and the Main Line area (Ardmore, Bala Cynwyd, Haverford, etc.).
Some of the most complex cases involve hospital misdiagnosis in emergencies and medical misdiagnosis by doctors and specialists. The most common cases of medical misdiagnosis in Montgomery County are stroke misdiagnosis, heart attack misdiagnosis, and cancer misdiagnosis.
Call our Pennsylvania medical malpractice lawyers at (610) 825-0500 for a FREE, NO OBLIGATION consultation.
Pennsylvania’s Statute of Limitations & Certificate of Merit Requirement
Medical malpractice cases are often complex, not only due to the medical issues involved, but also due to Pennsylvania’s statute of limitations laws applicable in these cases. In most cases, a two-year statute of limitations law will apply. When that two-year clock starts ticking will vary in every case. Typically, that clock starts ticking when the patient discovers the medical negligence or should have discovered it using due diligence.
In medical negligence case resulting in death, the two-year clock usually starts ticking on the date of the patient’s death. It’s important to note that time issues in medical malpractice cases in Montgomery County require review by an experienced medical malpractice attorney.
The applicable statute of limitations period is compounded by Pennsylvania’s Certificate of Merit requirement, which necessitates an expert review of the matter before filing the lawsuit. The purpose of this legal requirement is to weed out frivolous or uncredible cases. In every medical negligence lawsuit, the plaintiff must file a Certificate of Merit with the Complaint or within 60 days of filing the Complaint. The certificate must affirm that a licensed medical expert has supplied a written statement indicating that the case has merit.
Obtaining a medical review is a time-consuming process and includes procuring all relevant medical records and selecting and hiring the right medical expert. Even in a relatively straightforward case, this process can take several months. In the most complex cases, where multiple experts are required, the process can take a year. Therefore, it’s critical to begin an investigation as soon as possible.
Compensation in Montgomery County Medical Malpractice Cases
Pennsylvania law allows the plaintiff in a medical malpractice matter to seek financial compensation for:
- medical treatment costs,
- wage loss,
- out-of-pocket expenses, and
- pain and suffering.
The burden lies with the plaintiff to sufficiently prove each type of compensation claim.
In many medical malpractice cases, the patient’s spouse will have a separate claim for compensation, known as a Loss of Consortium claim. If proven, the spouse is entitled to compensation for negative changes in the marital relationship. These claims are usually reserved for cases when the medical negligence causes serious or life-changing injuries and disabilities. Changes to the marital relationship are often prolonged and profound, impacting all areas of the relationship, including intimacy and companionship.
About Morris Wilson Knepp Jacquette
Morris Wilson Knepp Jacquette, P.C. achieved a Best Law Firm rating by U.S. News & World Report in the areas of medical malpractice law and personal injury law from 2016 until the rating was discontinued in August 2023.
We provide client-centered representation and devote tremendous amounts of resources, time, and attention to our clients’ cases to provide them the best chance at maximum compensation. Our goal in every medical malpractice case is to help our clients achieve financial security as they face future medical care, therapy, or other rehabilitation bills. Cases are accepted across Pennsylvania. Call us for a FREE CONSULTATION. (610) 825-0500