Legal Question in Medical Malpractice in Pennsylvania
Alternative to Malpractice
What are alternatives to filing a malpractice complaint? Are there lesser or similar complaints that could be filed? Such things as failure to provide due diligence? failure to properly supervise? Improper standards? etc.
1 Answer from Attorneys
Re: Alternative to Malpractice
In the legal arena a medical malpractice lawsuit contains a lot of things. I believe you are hung up on names of things. Complaints (the paper which starts the lawsuit) allege a lot of different things. Usually in a lawsuit there is not just one thing that was done wrong, but a lot of them. And frequently there are multiple laws which allow for recovery of damages. So in a lawsuit you might have a claim for negligence, failure to supervise, a breach of fiduciary duty, etc. A malpractice complaint is just a term which encompasses all of these things. A malpractice complaint filed in a lawsuit is no better, worse or different than a complaint filed in any other lawsuit. It does the same thing: tells the person (or entity being sued) that you are being sued and here are the reasons why.