Dealing with medical malpractice cases in Pennsylvania can be intricate due to specific legal provisions. Fortunately, Pennsylvania maintains a more open approach to compensatory damages compared to other states. Here’s an insight into the compensation landscape in medical malpractice cases:
Compensatory Damages without Caps (Except Against the State):
- Definition: Compensatory damages cover both economic and non-economic losses resulting from medical negligence.
- Economic Damages: Tangible losses like medical bills and lost wages.
- Non-economic Damages: Intangible losses such as pain and suffering.
- Exception: Claims against the Commonwealth have a cap at $250,000 for compensatory damages.
Punitive Damages:
- Purpose: Punitive damages serve as civil punishment for particularly egregious conduct, sending a societal message.
- Conditions: Require proof of willful or wanton conduct or reckless indifference to others’ rights.
- Limitations:
- Against an individual physician, punitive damages cannot exceed 200 percent of total compensatory damages.
- Minimum punitive damages are $100,000 unless the jury returns a lower verdict.
- 75 percent of awarded punitive damages go to the victim; the remainder is directed to the Medical Care Availability and Reduction of Error Fund.
Unique Aspects in Claims Against the Commonwealth:
- Compensatory Damages Cap: Limited to $250,000.
- Exception to Sovereign Immunity: While sovereign immunity typically protects the government from lawsuits, Pennsylvania waives it in medical malpractice cases.
Proving Eligibility for Damages:
- Compensatory Damages: Demonstrating losses due to medical negligence.
- Punitive Damages: Proving willful or wanton conduct.
Navigating Legal Complexities:
- Procedural Hurdles: Despite more openness to damages, claimants face legal intricacies.
- Legal Representation: Working with an experienced Philadelphia medical malpractice attorney is crucial.
Quinn Injury Lawyers: Your Advocates in Medical Malpractice Claims
With Quinn Injury Lawyers, you gain dedicated partners in navigating the complexities of medical malpractice claims in Pennsylvania. If you’ve suffered due to medical negligence, connect with us for a free consultation at 215-360-3666 or online. We’re committed to ensuring you receive fair compensation for your losses.
