Medical malpractice is a serious legal issue that arises when a healthcare provider’s negligence leads to patient harm. These cases often involve hospitals, doctors, surgeons, nurses, or other medical professionals failing to meet the standard of care.
If you or a loved one has suffered due to medical negligence, you may have the right to seek financial compensation through a malpractice lawsuit. However, proving medical malpractice is complex, requiring strong legal representation and an understanding of medical and legal principles.
Choosing the right medical malpractice attorney in Pennsylvania is critical to building a successful case. This guide will help you understand malpractice claims, how to choose an attorney, and what to expect in the legal process.
What Qualifies as Medical Malpractice?
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, leading to harm. The standard of care refers to what a reasonably skilled medical professional would have done in a similar situation.
Common Examples of Medical Malpractice
There are several common types of medical malpractice, including:
1. Misdiagnosis or Delayed Diagnosis
When a doctor fails to diagnose a condition correctly or takes too long to identify it, the patient’s condition may worsen. This can happen with diseases like cancer, heart attacks, or infections that require immediate medical attention.
2. Surgical Errors
Mistakes made during surgery can have life-altering consequences. These include:
- Operating on the wrong body part
- Leaving surgical instruments inside a patient
- Causing nerve or organ damage
3. Birth Injuries
Negligence during childbirth can result in serious injuries to both the baby and mother. Common birth injuries caused by malpractice include:
- Cerebral palsy
- Brachial plexus injuries
- Skull fractures
4. Medication Errors
Giving a patient the wrong medication or dosage can lead to severe health complications. This can happen due to prescription errors, pharmacy mistakes, or failure to check a patient’s medical history.
5. Anesthesia Mistakes
Anesthesia errors can lead to brain damage, paralysis, or death. These mistakes occur when an anesthesiologist administers too much anesthesia or fails to monitor the patient properly.
6. Hospital Negligence
Hospitals have a responsibility to maintain a safe environment and provide proper patient care. When they fail to do so, it can lead to:
- Infections due to unsanitary conditions
- Failure to monitor a patient’s condition
- Neglect of critical medical needs
If you or a loved one has suffered because of a medical mistake, you should consider contacting a Pennsylvania malpractice lawyer to discuss your legal options.
Why You Need a Medical Malpractice Attorney in Pennsylvania
Filing a medical malpractice claim is not as simple as proving that a doctor made a mistake. You need to demonstrate negligence, prove that harm occurred, and quantify damages. This is where an experienced malpractice attorney becomes essential.
How an Attorney Can Strengthen Your Case
A skilled medical malpractice attorney can assist by:
1. Gathering Evidence
Your attorney will collect medical records, witness statements, and doctor’s notes to establish whether negligence occurred.
2. Consulting Medical Experts
Medical malpractice cases require expert testimony to explain how the doctor’s actions deviated from the standard of care.
3. Negotiating with Insurance Companies
Insurance companies often try to deny claims or offer low settlements. Your lawyer will handle these negotiations to ensure you receive fair compensation.
4. Representing You in Court
If a settlement cannot be reached, your attorney will prepare your case for trial and argue on your behalf.
Without a knowledgeable Pennsylvania malpractice lawyer, it can be difficult to navigate the legal system and prove your case.
How to Choose the Right Malpractice Lawyer in Pennsylvania
Not all lawyers are qualified to handle medical malpractice cases, so it’s important to find an attorney with the right experience.
Key Factors to Consider
1. Experience in Medical Malpractice Cases
Look for a lawyer who specializes in medical malpractice law and has handled cases similar to yours.
2. Track Record of Success
Check past settlements and verdicts to see if the lawyer has a history of winning malpractice cases.
3. Client Testimonials and Reviews
Read what previous clients have said about the attorney’s communication, professionalism, and effectiveness.
4. Medical Expert Network
Malpractice cases often require expert medical witnesses. Choose a lawyer with access to respected medical professionals.
5. Contingency Fee Structure
Many malpractice attorneys work on a contingency fee basis, meaning you only pay if they win your case.
Questions to Ask Before Hiring a Lawyer
Before making a decision, ask potential attorneys these critical questions:
- How many medical malpractice cases have you handled?
- What is your success rate?
- Do you work on a contingency fee basis?
- What challenges do you foresee in my case?
What to Expect When Filing a Medical Malpractice Lawsuit
The process of filing a malpractice lawsuit involves several legal steps. Understanding what to expect can help you prepare for your case.
Step 1: Consultation with an Attorney
Your first step is to meet with a malpractice lawyer to discuss your case. They will review your medical history, injuries, and potential negligence.
Step 2: Investigation & Gathering Evidence
Your lawyer will gather medical records, expert testimonies, and witness statements to build your case.
Step 3: Filing the Lawsuit
Once evidence is collected, your attorney will file a formal complaint against the negligent healthcare provider.
Step 4: Discovery & Negotiation
Both sides exchange evidence, depositions, and expert reports. Many cases settle before trial, but some proceed to court.
Step 5: Trial & Verdict
If no settlement is reached, the case will go to trial, where a judge or jury will determine the outcome.
Compensation and Damages in a Malpractice Case
Winning a medical malpractice case may entitle you to financial compensation. This may cover:
- Medical Expenses: You can recover costs for additional treatments, surgeries, and rehabilitation.
- Lost Wages: If your injury has caused you to miss work, you may receive compensation for lost income.
- Pain & Suffering: Compensation for physical pain and emotional distress may be awarded.
- Wrongful Death Damages: If a malpractice-related injury leads to death, families can seek compensation for funeral costs and loss of companionship.
Frequently Asked Questions (FAQ) About Medical Malpractice in Pennsylvania
How long do I have to file a medical malpractice lawsuit in Pennsylvania?
The statute of limitations for filing a medical malpractice lawsuit in Pennsylvania is generally two years from the date of the injury. However, if the injury was not immediately discovered, the law allows a discovery rule that gives victims two years from the date they became aware, or should have reasonably become aware, of the malpractice. Special exceptions apply for minors, where the two-year countdown begins once the child turns 18. Consulting a lawyer as soon as possible ensures that your case is filed on time.
How do I prove that medical malpractice occurred?
To prove medical malpractice, you must establish four key elements. First, you need to show that a doctor-patient relationship existed, which means the healthcare provider had a duty of care. Second, you must prove that the doctor breached the standard of care, meaning their actions deviated from what a competent professional would have done in the same situation. Third, you need to demonstrate that this breach directly caused your injury. Finally, you must show that you suffered damages, such as medical expenses, lost wages, pain, or emotional suffering.
What compensation can I receive in a medical malpractice case?
Victims of medical malpractice may receive compensation for economic and non-economic damages. Economic damages include medical expenses, rehabilitation costs, lost wages, and future medical care. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded if the malpractice involved intentional harm or extreme negligence.
How much does it cost to hire a medical malpractice attorney?
Most medical malpractice attorneys in Pennsylvania work on a contingency fee basis. This means that you do not have to pay any upfront legal fees, and the attorney only gets paid if you win your case. The lawyer’s fee is typically a percentage of the final settlement or court award, usually ranging from 30% to 40%. Before hiring an attorney, it is important to discuss the fee structure and whether there are any additional costs for expert witnesses or court filing fees.
Do all medical malpractice cases go to trial?
Not all medical malpractice cases go to trial. In fact, many are settled out of court through negotiations with the healthcare provider’s insurance company. A skilled attorney will attempt to reach a fair settlement before going to trial. However, if the insurance company refuses to offer a reasonable amount, the case may proceed to court, where a judge or jury will determine the outcome.
Contact Purchase, George & Murphey, P.C. Today
If you or a loved one has been injured due to medical negligence, it is important to act quickly. Pennsylvania has a two-year statute of limitations, meaning you must file your claim within two years from the date of injury.
Contacting an experienced medical malpractice lawyer can help you understand your legal rights, gather evidence, and secure fair compensation.
To take the first step toward justice, schedule a free consultation with Purchase, George & Murphey, P.C. today.
