Healthcare professionals across Pennsylvania face both the rewards and the risks that come with providing patient care. While most providers strive to offer the highest standard of service, malpractice claims can still arise. With this in mind, read on to learn what healthcare facilities must know about malpractice so you can protect yourself and your organization.
Understanding Medical Malpractice
Medical malpractice happens when a healthcare provider deviates from accepted standards of care, ultimately harming the patient. Common causes of medical malpractice include mistakes with medication, errors in surgery, misdiagnosis, and lapses in communication.
In Pennsylvania, the law requires proof that the error resulted in direct harm, emphasizing the need for accurate documentation and robust risk management procedures.
The Legal Landscape in Pennsylvania
Malpractice lawsuits are generally complex, but Pennsylvania has specific requirements. Plaintiffs must file a “certificate of merit” indicating a qualified expert believes malpractice occurred.
Additionally, Pennsylvania imposes a two-year statute of limitations from the date the injury is discovered or should have been discovered. To mitigate risks, all healthcare facilities must provide adequate compliance training for teams and review their policies regularly.
Malpractice Insurance Matters
Since Pennsylvania does not cap damages in malpractice cases, comprehensive coverage is nonnegotiable. There are several different types of malpractice insurance policies, but the two primary types are occurrence policies and claims-made policies.
Occurrence policies provide coverage for situations that happened during the period the policy was in force, but it doesn’t matter when the claim was made. Conversely, claims-made policies only cover claims made under an active policy. When choosing a policy, facilities should evaluate provider experience, coverage limits, and tail coverage options.
Risk Mitigation Is Critical
Proactive risk management can minimize liability and ensure smoother operations. This includes ongoing staff education, robust documentation practices, and transparent communication with patients.
By addressing vulnerabilities before they escalate, regular legal and policy reviews keep your facility aligned with regulatory changes and best practices.
Steps Forward for Facilities
Now that you understand what healthcare facilities need to know about malpractice, you can establish safer systems, protect your team, and maintain public trust. Assess your existing protocols and insurance coverage today to reduce risk and foster a culture of excellence.
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