Can I Sue My Doctor for Causing Pain and Suffering?

If you've been seriously injured due to a healthcare professional's negligence, you may be entitled to compensation to cover the costs of any medical bills, lost income, and any issues that may arise in the future as a result of your injury. However, you may also be entitled to compensation for things that don't have a clear monetary value. The person or healthcare facility that caused your medical injury should also be held accountable for the pain and suffering that they've caused. 

Although no amount of money can erase what you've been through, financial compensation can help ease the burdens you now carry and provide justice for what you've lost.

What Does "Pain and Suffering" Mean?

Most people understand pain and suffering in an everyday sense, but in legal terms, it includes any physical, mental, or emotional stress resulting from another party's actions. In medical malpractice cases, you may be eligible to recover damages for:

• Grief or emotional anguish
• Anxiety, fear, or stress
• Insomnia or sleep disruptions
• Loss of enjoyment of life
• Past and future physical pain
• Embarrassment or humiliation
• Loss of companionship or affection due to death, disability, or trauma

These are called non-economic damages, as they don't have a fixed dollar amount like medical bills, but they can be just as devastating and compensable under Pennsylvania law.

Who Can Sue For Pain And Suffering In Pennsylvania?

While anyone can sue for pain and suffering, not everyone will win their case. Determining whether your claim is likely to be successful, along with how much you can sue for, can be complicated and it depends on a variety of factors, including the strength of the evidence, the extent of the injury, and how it has affected your life.

In Pennsylvania, you generally have two years from the date you discovered (or reasonably should have discovered) the injury to file a medical malpractice claim. This is known as the statute of limitations.

What Is A Certificate Of Merit?

Pennsylvania is one of the few states that requires a Certificate of Merit to proceed with a medical malpractice lawsuit. This is a written statement from a qualified medical expert affirming that:

• There is a reasonable probability that malpractice occurred, and
• The expert is willing to testify to that effect.

This certificate must be filed within 60 days of your lawsuit, or your case is likely to be dismissed. For this reason, it's essential to work with an experienced attorney who understands these procedural requirements.

How Is Pain And Suffering Calculated?

Pain and suffering damages are often the largest component of a malpractice claim, but they are also the most difficult to quantify, there's no standard formula. Instead, courts consider factors like: 

• The type and severity of the injury
• Your age and life expectancy
• Medical and psychological records
• Testimony from doctors, therapists, and other professionals
• Daily life impacts, such as difficulty working, parenting, socializing, or completing basic tasks
• Personal journals, witness statements, or video documentation

Importantly, Pennsylvania does not impose a cap on non-economic damages in medical malpractice cases involving private medical providers. That means there's no statutory limit to the amount you could potentially recover for your pain and suffering.

Are There Any Exceptions To Damage Limits?

While Pennsylvania does not cap pain and suffering damages in most malpractice cases, there are a few exceptions:

• Claims against state or local government medical facilities are subject to caps:
  • $250,000 for claims against the state
  • $500,000 for claims against local government entities
• Punitive damages, which punish particularly egregious conduct, are capped at 200 percent of the compensatory damages and are only awarded when willful or malicious behavior is proven.

What Is Pennsylvania's Comparative Negligence Rule?

Another important consideration is Pennsylvania's comparative negligence rule. If you are found more than 50 percent at fault for your own injury, you cannot recover any damages. If you are less than 50 percent at fault, your compensation will be reduced in proportion to your share of the blame. For example, if you are found to be 20 percent at fault, your final award will be reduced by 20 percent.

I've Been Injured By A Healthcare Provider. What Now?

If you believe that a doctor or healthcare facility caused you harm, don't wait to take action. Medical malpractice cases involving pain and suffering are complex and time-sensitive. You need a legal team with the knowledge, resources, and experience to prove your claim.

Why Choose Ross Feller Casey?

At Ross Feller Casey, we understand that medical malpractice can lead to intense, prolonged pain and suffering, both physically and emotionally. Our team includes nationally recognized trial attorneys and Ivy League-trained doctor-lawyers, making us uniquely qualified to take on the most complex cases.

We work on a contingency basis, so you pay nothing unless we recover compensation for you.

If you or your loved one has suffered due to medical negligence, contact Ross Feller Casey today for a free consultation. We'll review your case, explain your rights, and help you understand your options. Let us fight for the full compensation you deserve, including for the pain and suffering you've endured.