Although medicine is not an exact science, there are ways for a medical professional to communicate, both verbally and in writing, that are as precise as possible. Another crucial element in the doctor-patient relationship is consistent communication and information. Within the context of a medical malpractice suit that ends up in court, in the case of a fatality, the concept of “cause of death” is not always straightforward. There are times when it is open to interpretation.
The law, particularly Pennsylvania law, is open to interpretation at times as well. This was the case with a lawsuit that ended up in court after a woman passed away. She had a CT scan that showed an abdominal aortic aneurysm, which could not be seen clearly on the scan, according to the radiologist. Apparently, the aneurysm had ruptured, which was not mentioned.
Beyond the statute of limitations
In this case of wrongful death, the legal proceedings, because of some scheduling and availability obstacles, did not occur until a few years beyond when the incident actually happened. At that point, it was beyond the statute of limitations, which was two years.
The two-year statute of limitations in Pennsylvania is determined by the Medical Care Availability and Reduction of Error Act (MCARE), which was created in early 2000s because there was a crisis with medical liability insurance in Pennsylvania at the time. However, MCARE has a provision that allows the statute of limitations of two years to be paused if it is deemed that there was fraudulent or misrepresented information on the part of the medical professional after the person’s death.
Sound advice from a medical malpractice lawyer
If your loved one has passed away due to a mistake on the part of a medical professional, solid advice from an experienced medical malpractice lawyer may prove to be invaluable to your case. Medical malpractice is defined as an act of negligence on the part of a doctor or healthcare provider. Each year, many people lose their lives due to preventable medical errors. It is important that your loved one did not lose their life in vain. Although you are not able to bring back your loved one, you can get the support and compensation that they would want you and your family to have.