Healthcare Law
Pennsylvania medical malpractice laws require a plaintiff to file a malpractice case in court before the expiry of two years from the date they know an injured occurred, the conduct that resulted in the injury, and the connection amongst the injury and the conduct that resulted to it. Nevertheless, there are special considerations where the limitation to file malpractice cases extends to no longer than seven years. On the other hand, the state of Georgia has a two years statute of limitations for medical malpractice cases. The two years is the period from the time an injury or death occurred. The plaintiff is entitled to monetary awards for the damages caused. California has a very different statute of limitations for filing such cases. The plaintiff is limited to a period of one year within which they can file a medical malpractice case in court. The one year period means from the date the plaintiff considerably knows the conduct that resulted in an injury. The statute also provides the plaintiff with a period of three years to file a malpractice case from the time that injury happened. The patient is entitled to damages in terms of money under the California damages caps.
I think that California has the lowest malpractice premiums considering that it is limited to only $250,000, while Pennsylvania compensates twice the damages and Georgia limits at $350,000. In this case, Pennsylvania proves to have the best beneficial pathway for a wronged person. This is because the wronged person receives twice the damages. This means that even if the damages were estimated at $350,000, they will receive $700,000, amount higher than the damage limits of $250,000 in California. Both Pennsylvania and Georgia have the best balance of offering access to courts because they have adequate time (up to three years) for the plaintiff to file the malpractice case. I disagree with the statement in question because having such laws will disadvantage patients who may release an injury that happened due to malpractice after a prolonged period. Furthermore, having such laws will make healthcare practitioners less concerned about their actions when delivering healthcare.
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