People who file medical malpractice claims do so because they have suffered as the result of a healthcare provider’s negligence. This type of negligence happens when the defendant violates the standard of care that is expected.
Definitively, a standard of care is the regular medical practices employed by medical professionals for patients experiencing a certain illness or condition.
Besides negligence, a personal injury lawyer who handles a medical malpractice case must show that the negligence or breach of standard care resulted in the claimant’s injuries. Therefore, you need to talk to an attorney for help with this type of case.
Seeking Damages in a Medical Malpractice Case
You also have to abide by the statute of limitations for the state. In Pennsylvania, a personal injury lawyer must file a claim within a specified time period. The period starts from the time the patient discovered that he or she had been injured. When this type of claim is made, the compensation that is sought is referred to as damages.
The state law in Pennsylvania permits claimants to collect several kinds of damages. One of these damages is called compensatory damages. Compensatory damages reimburse patients for their medical expenses and any wages they lost due to having to take time off of work.
Pain and Suffering
Non-economic damages are also collected to compensate the claimant for pain and suffering. The state has no caps established for non-economic or compensatory damages. Therefore, there is no limit set for the award that a court can provide in this respect.
The last type of damages is known as punitive damages. Punitive damages are awarded as the result of a healthcare professional’s recklessness. Recklessness may take the form of fraud or malicious behavior. If the conduct of the healthcare professional was unintentional, Pennsylvania provides a cap that is based on the amount awarded in compensatory damages.
Who to Contact
If you want to know more about the damages awarded for medical malpractice law cases, contact AlpernSchubert P.C. Personal Injury Attorneys for further information. You can also follow them on Twitter for more updates.
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