Medical malpractice is one of the leading causes of injury and death in Pennsylvania and across the U.S. Pennsylvania law allows injured patients and their families to pursue compensation through a Philadelphia medical malpractice claim against the medical facility or professional who injured them. This compensation breaks down into two main categories: 1) economic damages and 2) non-economic damages.
Economic Damages
Economic damages compensate victims for direct financial losses caused by medical negligence. These damages are backed by documentation such as medical bills, wage records, and expert evaluations.
Common types of economic damages in Pennsylvania medical malpractice cases include:
- Past and future medical expenses, including hospital stays, surgeries, medication, rehabilitation, and ongoing care
- Lost wages for time missed from work during recovery
- Loss of future earning capacity if your injuries affect your ability to work long-term
- Costs of in-home care, mobility aids, or medical equipment
- Out-of-pocket expenses related to treatment or disability
In severe cases, economic damages may also include long-term care planning costs, such as assisted living or nursing care. These losses often represent the largest portion of a malpractice claim, especially when injuries result in permanent disability or chronic health conditions.
Non-Economic Damages
Non-economic damages address the personal and emotional impact of a medical malpractice injury. These losses do not have a direct financial value. However, they are equally impactful as financial losses, given the way they affect daily life.
Non-economic damages may include compensation for:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of independence or mobility
- Disfigurement or permanent scarring
- Loss of companionship or consortium for spouses
Medical malpractice injuries frequently affect every aspect of a person’s life. Non-economic damages attempt to provide fair compensation for the human cost of negligence.
Caps on Damages in Pennsylvania
Pennsylvania law does not impose a general cap on economic or non-economic damages in most medical malpractice cases. This means injured patients can recover full compensation for their financial losses and pain and suffering.
However, there are caps on punitive damages, which are awarded in cases involving reckless or intentional misconduct. These are rare in medical malpractice cases. Punitive damages are capped at 200% of the compensatory damages awarded; they are generally not permitted against individual physicians unless their conduct involved intentional wrongdoing.
An experienced emergency room malpractice attorney in Philadelphia can explain how these rules apply to your specific case and whether any statutory limits may affect your recovery.
Who Can Be Liable for a Medical Malpractice Claim?
Medical malpractice claims often involve multiple negligent providers. Liability may extend to:
- Doctors and surgeons
- Nurses and other medical staff
- Hospitals and healthcare systems
- Anesthesiologists
- Pharmacists
- Diagnostic labs and imaging centers
- Nursing homes and long-term care facilities
In many cases, hospitals can be held responsible for the actions of their employees or for unsafe policies and procedures. Identifying every liable party is critical to maximizing compensation and ensuring all available insurance coverage is accessed.
If you believe medical negligence caused your injuries, you have rights. The attorneys at Morris Wilson Knepp Jacquette, P.C. have the experience and resources to help you identify responsible parties and fight for full compensation. Call Morris Wilson Knepp Jacquette, P.C. today to schedule a consultation and learn how a Pennsylvania medical malpractice lawyer can protect your rights.