Medical Malpractice Laws in Erie & Pennsylvania
With over twenty-five years of experience, the McClelland Law Group is well-versed in the statutes and regulations governing malpractice. Two important issues of which you should be aware are the statute of limitations and your award amount.
Statute of limitations
In Pennsylvania, the statute of limitations for filing a claim under medical malpractice law is two years from the date of the incident. There is also something called the rule of discovery which affects the statute of limitations. Discovery, in this context, means that the causes of certain illnesses and conditions are not traced back to malpractice until after the two-year deadline has passed. In such cases, malpractice law allows claims to be filed after the deadline, in order to provide justice for the victims of malpractice.
Your award amount
Sometimes, medical professionals try to use the defense that their patients are partially responsible for their condition, or for the outcome of their treatment. They may claim that a patient ignored medical advice and did not comply with the recommended therapies or medications. In Erie, medical malpractice law can collect an award even if you are found to be partly responsible for your condition. Your damages will be reduced in proportion to your accountability. It is only if you are found to have greater responsibility than your physician that you risk losing your award entirely.
Important advice
The important thing to remember about these laws is that you should seek legal advice as soon as you sense that you are a victim of medical malpractice. If you let too much time elapse, your case may not fall within the statute of limitations, despite the discovery rule. Let our malpractice attorneys in Pittsburgh determine how to present a case that represents your best interests and reduces your liability.
Nursing malpractice law
It is not only physicians who can be held liable under malpractice law in Erie or anywhere in Pennsylvania. Nurses are also responsible for the medical mistakes that they make. Indeed, their mistakes can be just as life-threatening to a patient as those made by a doctor.
Examples of possible nursing errors include:
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