Legal Toolkit Pennsylvania Malpractice

What to Know About Malpractice

a

Medical Malpractice

refers to instances when a physician, hospital, or hospital employee fails to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances in rendering services and someone has been injured as a result.  Dental malpractice results from a failure by the dentist to exercise the degree of care, diligence, and skill ordinarily exercised by dentists in good standing in the community where the dentist practices.It is importnant to note that bad medical results don't necessarily mean that a medical professional has acted negligently. Medical and dental malpractice claims must be supported with an affidavit supporting the allegations in the action submitted by a medical or dental expert who practices or has practiced in an area substantially similar to the type of practice engaged in at the time of alleged malpractice.

Other medical professionals that are not physicians, dentists, or hospital employees, such as nurses, opticians, optometrists, physical therapists, Oriental medicine practitioners, psychologists, chiropractors, or medical laboratory directors or technicians are governed by professional negligence standards. 

Except under certain circumstances, expert testimony, medical texts or materials, or licensed facility regulations must be provided in support of an action.

b

Legal Malpractice

refers to instances when a legal professional has acted in a negligent manner when providing legal advice or representation to a client, and monetary damages or out of pocketlosses have resulted. Strategic errors during a case or trial on the part of the attorney who otherwise upheld appropriate legal standards and/or upcoming changes in law about which the attorney may not yet be aware, are not typically found to constitute legal malpractice. The Disciplinary Board of the Supreme Court of Pennsylvania can advise and investigate ethical grievances about lawyers (see Where to Read More). If you intend to file suit for legal malpractice consult with a different attorney immediately about the issue because you must file legal malpractice lawsuits within two years.  

c

Lawsuit Timing:

If you suspect that you may need to enter into litigation with another party over a malpractice claim, meeting with an attorney early in the process will help ensure that evidence is preserved and that statutes of limitation and timing issues are addresed. A malpractice attorney can advise you about the particulars of your legal situation and how to proceed in your best interests.