Filing a medical malpractice lawsuit in Pennsylvania involves several steps and legal considerations. Here’s a general outline of what’s typically involved in filing a medical malpractice lawsuit:

• Consult with an attorney: Seek out a reputable medical malpractice attorney in Pennsylvania who can evaluate your case. Our attorneys at Pribanic & Pribanic offer free consultations, during which we can assess your claim and advise you on how to proceed.

• Statute of limitations: Pennsylvania has a statute of limitations that limits the time you have to file a medical malpractice lawsuit. Generally, you must file the lawsuit within two years from the date the injury was discovered or should have been reasonably discovered, but there is also a maximum time limit of seven years from the date of the alleged malpractice, regardless of when the injury was discovered. Exceptions may apply in certain circumstances, so it’s best to consult with us about your specific situation.

• Medical records: Your attorney will assist you in gathering all relevant medical records and documentation related to your case. These records are imperative for supporting your claims and proving negligence.

• Expert review: In Pennsylvania, a certificate of merit must be obtained from a qualified medical expert before filing a medical malpractice lawsuit. This expert must review your case and confirm that there is a reasonable probability that medical negligence occurred. The expert’s findings must be included with the initial lawsuit filing.

• Filing the complaint: Your attorney would then draft a formal complaint outlining the details of the alleged medical malpractice. This document would initiate the lawsuit and be filed with the appropriate court. The complaint must be served to the defendant, usually the healthcare provider or institution, along with a summons.

• Discovery phase: After the complaint is filed, the discovery phase begins. This involves exchanging information and evidence between both parties. Each side has the opportunity to gather evidence, interview witnesses, and depose relevant individuals.

• Pre-trial: During this phase, there may be motions filed by either party to address specific legal issues or seek a summary judgment. If no settlement is reached, the case will proceed to trial.

• Trial: If the case goes to trial, both parties will present their evidence and arguments before a judge or jury. The court would then determine whether the defendant is liable for medical malpractice and, if so, the appropriate compensation to be awarded.

• Settlement or appeal: At any point during the process, the parties may reach a settlement agreement. If a verdict is reached but one of the parties believes there was a legal error during the trial, they may choose to appeal the decision.

Keep in mind that the process for filing a lawsuit can vary depending on your specific circumstances. Medical malpractice cases can be complex, time-consuming, and emotionally challenging, and having a skilled attorney to guide you through the process is crucial. Our team of experienced attorneys at Pribanic & Pribanic is well-equipped with the knowledge and expertise needed to handle complex medical malpractice and personal injury claims.

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“If you have questions about filing a medical malpractice lawsuit in Pennsylvania, call one of our injury lawyers for help: 800-392-4529“