medical malpractice

Medical malpractice and medical negligence have become much too common in the United States. Did you know medical malpractice is the third leading cause of death in the United States? If you or a loved one were injured because of medical malpractice we can help you hold negligent doctors and medical staff accountable for the injuries they caused. Our law firm has the resources and experience necessary to take your case.

Contact us today to schedule your free consultation.

What are Common Examples of Medical Malpractice?

There are many forms of medical malpractice. Some of the most common include:

What Qualifies for a Medical Malpractice Lawsuit?

Not all medical mistakes are grounds for a malpractice lawsuit. You may be able to prove that your doctor made an error in your treatment, but this alone is not enough for a case. To file a lawsuit for medical malpractice, you must prove these four things:

  1. Doctor-patient relationship. You must show that you went to the doctor or medical institution as a patient for treatment. This is usually easy to prove.
  2. Negligence. Doctors and other healthcare professionals have an obligation to provide a reasonable standard of medical care. So, to have a medical malpractice case, you must show that your doctor did not provide the same level of care that another, capable doctor would have. Misdiagnosis, medication errors, and unnecessary or botched procedures can all add up to negligence.
  3. Causation. Even if a doctor is negligent, medical malpractice cases often hinge on whether this negligence caused actual harm. This means that the doctor’s actions must directly cause an injury or wrongful death.
  4. Harm. The last need for medical malpractice cases is that the injury resulted in material damages. This could mean a physical injury or non-physical damages such as lost wages, mental suffering, and medical bills.

If you believe you have been harmed due to medical error, please do not hesitate to speak with a highly qualified medical malpractice lawyer today. An attorney from our law firm can meet with you in a free consultation to go over the details of your case, answer all your questions, and outline a strategy for moving forward.

What Type of Compensation Can I Receive?

Some common types of compensation we seek to recover include:

  • Current and future medical expenses. This can include the cost of surgeries, hospitalizations, physical therapy, occupational therapy, chemotherapy, radiation, diagnostic tests, medication, etc. It can also include future anticipated expenses you will face as you continue in your recovery.
  • Long-term care needs. If a catastrophic injury has left you or a loved one unable to live alone, we can demand payment for long-term care needs. We may also demand money to cover the costs of modifications to your home to accommodate your needs.
  • Lost wages. Many of our clients have been forced to miss a lot of time from work as they struggle to recover from a devastating injury or illness. When a medical error leaves you unable to work, you should be compensated for that lost income.
  • Reduced earning capacity. Unfortunately, some of the people we represent are not able to return to the same jobs they had before their medical malpractice injury. In some situations, victims of medical malpractice may be permanently disabled. You should be compensated for any reduction in your earning capacity for the future.
  • Pain and suffering. Although many of the losses you suffer can be associated with specific economic losses, our attorneys will help you estimate your non-economic losses ─ those damages that are intangible but no less devastating. You should be compensated for the physical and emotional pain and suffering you have endured and will endure in the future, the loss of the ability to enjoy your life, disfigurement, and embarrassment and humiliation.
  • Punitive damages. In rare cases, a jury may also award punitive damages in a medical malpractice case. These damages are intended to punish the at-fault doctor, healthcare facility, or other defendants for severe misconduct.
  • Loss of consortium. If you are married, we can seek loss of consortium damages on behalf of your spouse, for the loss of your love, support, comfort, and companionship, due to harm the malpractice caused you in the first place.

 

How Do You Prove Medical Malpractice?

Proving a case for medical malpractice requires more than finding that a medical error was made. A bad result alone does not support a finding of malpractice. The main factors you need to prove in a medical malpractice case are:
  • The existence of a doctor-patient relationship (or hospital, urgent care, or clinic)
  • That the medical care or treatment provided was below the acceptable standard of care.
  • That the alleged negligence caused injury, harm, or death to the patient
  • The patient suffered quantifiable harm as a result of medical malpractice, which would include pain and suffering, loss of income, medical expenses or other economic harm.
It is necessary to prove all of these factors to win your case. If a doctor made a mistake but it did not result in harm to the patient, then a case cannot be filed under the law. Or, if a patient suffered harm during a medical procedure but it was not caused by a medical error, then a medical malpractice case cannot be filed. Hospitals and doctors defend every factor of a case to defeat your claim so it is essential that there is a legal and medical basis to prove every element.

What is the Statute of Limitations for Medical Malpractice Claims in Pennsylvania?

In Pennsylvania, the statute of limitations is two years from the date the patient knew or reasonably should have known that the conduct of the healthcare provider led to their injury. A medical malpractice claim must be filed within seven years of the date of the injury, with some exceptions. When medical malpractice leads to wrongful death, the family has two years from the date of the death to file a lawsuit. Because the statute of limitations can be complicated, and building a strong case takes time, you should seek legal advice immediately.