Pennsylvania Medical Malpractice Law
Professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury to the patient. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.
Elements of the Case
A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim.
- A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
- A duty was breached – the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors.
- The breach caused an injury – The breach of duty was a proximate cause of the injury.
- Damages – Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.
