Patient’s Rights After a Healthcare Injury

Mistakes by doctors, hospitals, or other health professionals can cause serious harm. If you’ve been hurt by medical care in Philadelphia or anywhere in Pennsylvania, you have rights that are protected by state law. Knowing what you’re entitled to, and how you can take action, can make a huge difference after a healthcare injury.

The Right to Obtain Your Medical Records

After a healthcare injury, you are entitled to receive copies of your medical records. These records are crucial for understanding what happened and can be used as evidence if you decide to file a claim. Hospitals and providers must provide copies within a reasonable time after your request. If they delay or refuse, this could be a violation of your rights and may impact your case. A Philadelphia medical malpractice lawyer can help you request records and ensure you get the information you need.

The Right to File a Medical Malpractice Claim

Pennsylvania law provides you with the right to pursue a lawsuit if a healthcare provider’s negligence caused you harm. The law recognizes claims for injuries, unnecessary procedures, improper treatment, missed diagnoses, or lack of informed consent. To succeed, you must show that the provider did not meet the accepted standard of care and that this caused your injury. You have two years to file a lawsuit from the date you knew or reasonably should have known about the injury, according to 42 Pa.C.S. § 5524. For minors, this period starts when the child turns 18 (42 Pa.C.S. § 5533). If your injury was concealed by a provider, the law may pause the deadline until you discover the harm (42 Pa.C.S. § 5532).

If your claim is against a government hospital or public health provider, you must also give written notice within six months of the injury (42 Pa.C.S. § 5522). Missing these deadlines can prevent you from recovering damages, so consult a Philadelphia personal injury lawyer as soon as possible.

The Right to Fair Compensation for Your Losses

If you are successful in your claim, you may receive compensation for medical bills, lost wages, pain and suffering, and other damages. In Pennsylvania, there is no limit on damages for most private medical providers. If your case is against a public or government-run hospital, damage caps may apply: $250,000 per person and $1,000,000 total for state agencies (42 Pa.C.S. § 8528), and $500,000 for local governments (42 Pa.C.S. § 8553). Damages may include medical expenses, lost income, pain and suffering, loss of consortium, and more. A medical malpractice lawyer can help calculate your full losses and fight for fair compensation.

You have the right to hire a lawyer to represent you in any claim or lawsuit arising from a healthcare injury. An experienced attorney can guide you through the legal process, gather medical records, obtain necessary expert opinions, and ensure all deadlines are met. Your lawyer can also negotiate with insurance companies and, if necessary, present your case in court. Most medical malpractice attorneys work on a contingency fee basis, meaning you pay nothing unless you recover compensation.

The Right to Be Free from Retaliation

Pennsylvania law prohibits hospitals, health providers, and insurers from taking action against you simply because you filed a complaint or lawsuit due to a healthcare injury. This includes threats, loss of services, or disclosing your private health information without consent. If you feel you are being harassed or punished for asserting your rights, bring this to the attention of your Philly medical malpractice attorney immediately.

FAQs About Patient’s Rights After a Healthcare Injury

What should I do first if I think I was injured by a healthcare provider?
Request all your medical records and write down everything you remember about the incident. Then, contact a Philadelphia medical malpractice lawyer for guidance on next steps.

How long do I have to file a claim after a healthcare injury in Pennsylvania?
You generally have two years from the date you knew or should have known about the injury. For minors, the time limit starts at age 18. There are exceptions if the injury was concealed or if the provider is a government entity—then notice must be given within six months.

Can I recover compensation for pain and suffering?
Yes, you can. Most victims can recover for medical bills, lost wages, pain and suffering, and other losses. However, claims against state and local agencies may be subject to damage caps under Pennsylvania law. Discuss your situation with a medical malpractice lawyer to learn more.

Will I need to go to court for my medical malpractice case?
Not always. Many cases settle outside of court, but you should be prepared to go to trial if needed to get fair compensation. A medical malpractice lawyer can explain the process, your legal options, and help you decide the best path forward.

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