Medical malpractice cases are a type of personal injury case. Most personal injury cases are based on negligence, meaning an at-fault party breached a legal duty of care and caused injury to another party.
Medical malpractice claims in Philadelphia function in much the same way. However, these cases focus on whether a healthcare provider violated the applicable standard of care and caused injury to a patient.
What is the Standard of Care in Pennsylvania?
In a medical malpractice case, the standard of care refers to the level of skill, knowledge, and attention that a reasonably competent healthcare provider with similar training would have exercised under the same or similar circumstances.
In other words, these cases are concerned with what a competent doctor, nurse, or specialist would have done in the treatment or procedure at issue.
The standard of care can vary depending on several factors, including:
- The provider’s specialty
- The patient’s condition
- The available medical information at the time
- The urgency of the situation
For instance, the standard of care for a board-certified cardiologist evaluating chest pain is different from the standard applicable to a general practitioner treating a minor infection.
What Are the Elements of a Medical Malpractice Case in Pennsylvania?
To succeed in a medical malpractice lawsuit, you must typically prove several elements:
- A provider–patient relationship existed.
- The applicable medical standard of care.
- The provider deviated from that standard.
- The deviation directly caused injury.
- The patient suffered measurable damages, such as medical expenses, lost income, or pain and suffering.
In most medical malpractice cases, courts require testimony from a qualified medical expert to establish how a medical provider deviated from the standard of care. This expert must typically practice in the same or a similar specialty as the defendant and be familiar with the relevant medical standards.
The expert’s role is to explain technical information to the judge or jury. In a Philadelphia hospital malpractice case, they will provide insight into:
- What the appropriate course of treatment should have been
- How a reasonably competent provider would have acted
- How the defendant’s actions fell below accepted medical standards
For example, if a patient’s cancer diagnosis was delayed, an expert might testify that a reasonably competent physician would have ordered specific diagnostic tests based on the patient’s symptoms. If those tests went unordered and the delay worsened the patient’s prognosis, that failure could constitute a deviation from the standard of care.
Without credible expert testimony, most medical malpractice cases cannot proceed.
Contact a Medical Malpractice Lawyer for Help Establishing Your Claim
If you believe you were harmed by substandard medical treatment, an experienced emergency room malpractice attorney in Philadelphia can help evaluate your case. A lawyer will obtain medical records, consult qualified experts, and help determine whether the standard of care was breached. If so, they can pursue compensation for your medical bills, lost income, and other damages.
Contact Morris Wilson Knepp Jacquette, P.C. for help understanding your rights and legal options after a malpractice incident. We offer free consultations.