Best Professional Malpractice Lawyers in Pennsylvania

About Professional Malpractice Law in Pennsylvania, United States

Professional malpractice occurs when a licensed professional fails to perform their duties with the level of skill and care that is reasonably expected in their field, resulting in harm or losses to a client or patient. In Pennsylvania, professional malpractice most commonly involves medical providers (such as doctors, nurses, and hospitals), attorneys, accountants, architects, engineers, and other licensed professionals. Victims of professional malpractice may pursue legal claims to recover compensation for damages caused by negligence or misconduct.

Why You May Need a Lawyer

A lawyer can provide valuable assistance in professional malpractice cases for several reasons. Malpractice claims are complex and require detailed knowledge of both the law and the standards of the specific profession. People typically need legal help in situations such as:

• Experiencing a negative medical outcome due to possible negligence of a healthcare provider
• Believing your attorney mishandled your case or provided inadequate representation
• Discovering significant financial errors in your business or taxes due to an accountant's mistake
• Encountering structural defects or design flaws in a building that may be the result of architectural or engineering errors
• Experiencing financial harm because a licensed professional failed to meet industry standards
• Dealing with licensing issues or disciplinary proceedings related to alleged professional misconduct

A lawyer can help assess whether malpractice has occurred, gather necessary evidence, deal with insurance companies, navigate court procedures, and pursue the appropriate legal remedies on your behalf.

Local Laws Overview

In Pennsylvania, professional malpractice claims are regulated by both state statutes and court-made rules. Here are several key legal aspects to be aware of:

• Statute of Limitations: Most professional malpractice claims must be filed within a specific time limit after the alleged harm occurs. For medical malpractice in Pennsylvania, the statute of limitations is generally two years from the date the injury was discovered or should have been discovered, but there are exceptions for minors and other situations. Other types of professional malpractice may have similar or different deadlines.
• Certificate of Merit: In medical malpractice cases and some other professional malpractice actions, a plaintiff must file a certificate of merit with the court. This is a statement, signed by a qualified expert, affirming that there is a reasonable probability that the professional's conduct fell below accepted standards.
• Comparative Negligence: Pennsylvania follows a modified comparative negligence rule, which could reduce the amount of damages you can recover if you are found partly at fault for your injuries.
• Damages: Damages in malpractice cases may include medical expenses, lost wages, pain and suffering, and other losses. In some cases, punitive damages are available, but they are rare and usually only if the professional's conduct was especially egregious.
• Expert Testimony: Malpractice cases often require testimony from qualified expert witnesses to establish the standard of care and show how the professional failed to meet that standard.

Frequently Asked Questions

What qualifies as professional malpractice in Pennsylvania?

Professional malpractice occurs when a licensed professional fails to provide services with the expected level of skill and care, resulting in harm or losses to a client or patient. This can apply to doctors, lawyers, accountants, architects, and others.

What is the statute of limitations for filing a professional malpractice lawsuit in Pennsylvania?

The statute of limitations varies depending on the type of professional malpractice. For medical malpractice, you usually have two years from the date you knew or should have known about the harm. Other professions may have different deadlines, so it is important to consult with a lawyer promptly.

Do I need expert witnesses in a professional malpractice case?

Yes, most professional malpractice cases require expert witness testimony to establish the standard of care and to show how the professional's conduct fell short of that standard.

What is a certificate of merit?

A certificate of merit is a legal document filed with the court, usually in medical malpractice cases, where a qualified expert confirms that there is a reasonable basis to believe the professional acted negligently.

Can I file a malpractice claim against any type of professional?

Malpractice laws generally apply to individuals who are licensed or certified in regulated professions, such as doctors, lawyers, accountants, engineers, and architects.

What compensation can I recover in a professional malpractice claim?

Possible compensation includes payment for medical bills, lost income, pain and suffering, and in some cases other losses directly related to the malpractice. Punitive damages are rare and only awarded in cases of intentional or reckless misconduct.

Do I have to prove intentional misconduct to win a malpractice case?

No, most professional malpractice claims are based on negligence, which means carelessness or failure to meet expected standards, not intentional wrongdoing.

What should I do if I suspect I am a victim of malpractice?

Gather all documentation related to your case, including contracts, medical records, emails, or communication. Consult with a knowledgeable malpractice attorney as soon as possible to evaluate your situation.

How long does a malpractice claim take to resolve?

Malpractice claims can take months or years to resolve, depending on the complexity of the case, the need for expert testimony, and whether the case settles out of court or goes to trial.

Will my case go to court?

Not all malpractice cases go to trial. Many are resolved through settlements outside of court. However, if a fair resolution cannot be reached, your case may go before a judge or jury.

Additional Resources

If you are looking for more information or need assistance, consider these resources:

• Pennsylvania Department of State Bureau of Professional and Occupational Affairs - oversees licensing and complaints for many professions
• Pennsylvania State Board of Medicine and State Board of Nursing - handles issues related to medical professionals
• Pennsylvania Disciplinary Board - investigates complaints against attorneys
• Pennsylvania Bar Association - provides resources and can help you find a lawyer specializing in malpractice
• Local legal aid organizations and county bar associations - may offer free or low-cost consultations and information

Next Steps

If you believe you have been harmed by the actions or inactions of a professional in Pennsylvania, here are steps you can take:

• Document all facts and collect any evidence, such as records, emails, or photos
• Review your situation to determine if deadlines (statute of limitations) may apply
• Research and contact a qualified attorney experienced in professional malpractice cases in Pennsylvania
• Arrange a consultation to evaluate your claim and discuss your legal options
• Follow your attorney’s advice regarding next steps, whether that involves further investigation, filing a claim, or pursuing a settlement

Understanding the basics of Pennsylvania’s professional malpractice laws can help you protect your rights and make informed decisions. Consulting a legal professional is often the best way to secure a positive outcome in these complex cases.