How do you prove a doctor was negligent in Pennsylvania?


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A: Medical malpractice cases are some of the toughest types of lawsuits in Pennsylvania. This is due in part to the complexity of most medical malpractice cases, i.e., the complexity of the diagnosis and treatment, such as surgery, etc.  It is also due in part to a special Pennsylvania law which applies to medical malpractice cases. This law is known as the MCARE Act (Medical Care Availability and Reduction of Error Act). Under the Act, proving negligence in a medical malpractice case requires use of an expert to establish the standard of care that applies to the situation.

For example, in the case of an orthopedic surgeon who makes a mistake during surgery, proving negligence requires proving that the surgeon breached the standard of care applicable to other similarly situated orthopedic surgeons.  Proving what the standard of care is requires use of an expert in the same field. So in this situation, only another orthopedic surgeon can determine what should/could have been done. Click here to read more about the standard of care in Pennsylvania medical malpractice actions.

Because medical malpractice cases are complex, it is important to discuss a potential case with a medical malpractice lawyer as soon as possible.

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Pennsylvania and New Jersey Medical Malpractice Law Firm

To submit your case for review by our Pennsylvania and New Jersey medical malpractice and failure to diagnose lawyers, call Click To Call.  Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice.  Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.  See the full disclaimer at the bottom of this page.

Our medical malpractice attorneys serve victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.