A slip-and-fall injury outside of a hospital setting might become a straightforward lawsuit alleging negligence. A similar injury within a Pennsylvania hospital, however, could face significant legal barriers because it might fall under the rules applied to medical malpractice cases. In such cases, a plaintiff needs to obtain a statement from a medical expert that malpractice has occurred. Without this testimony, the lawsuit will be dismissed by a court.
A Pennsylvania patient who is considering pursuing a medical malpractice claim has to establish certain things in order for the claim to succeed. Medical malpractice claims are based upon negligence, and the elements are similar in many respects.