Published: by Troy Petersen |
permalink I often get questions about possible legal claims arising out of poor outcomes from medical treatment. The mere fact that a complication, injury or death occurred during medical treatment does not necessarily justify a Medical Malpractice case. Instead, Pennsylvania law requires proof of several elements and the sworn testimony of expert witnesses before a case will be decided by a jury. The following is an outline of the important legal concepts in a Medical Malpractice case. In order to have a viable Medical Malpractice case, a patient who has had a poor outcome from medical care must prove three things: (1) a Violation of the Standard of Care; (2) that the Violation was a Factual Cause of Damages or Increased the Risk of Harm; and (3) the extent of the Damages. Pennsylvania also has a special rule requiring a patient to obtain a Certificate of Merit from an expert when pursuing a Malpractice claim. Violation of the Standard of Care Every medical professional must have the same
