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Medical errors are now the third-leading cause of death in the United States. This means that more than 250,000 people die every year in the U.S. as a result of an error by a doctor, nurse, or another medical professional. Doctors and other medical professionals have a duty to care for patients according to a “standard of care.” If a medical professional does not act within this standard of care, they are said to act negligently. Not acting can also be negligent. And if the medical professional’s negligence causes harm to the patient, medical malpractice has occurred.

If you or someone you love suffered an injury as a result of a medical error, Call our experienced Carbondale medical malpractice lawyer for a free, initial consultation. We can advise you of your rights and guide you as you decide whether to file a medical malpractice claim.

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$9 Million Truck Accident

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$5 Million Medical Malpractice

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What Are the Common Types of Medical Malpractice?

There are many different types of medical malpractice. Some are the result of negligent actions taken by medical professionals. Other types of medical malpractice are caused when a medical professional fails to take needed action.

Common types of medical malpractice include:

  • Misdiagnosis: providing the wrong diagnosis.
  • Failure to diagnose: not diagnosing a condition in a timely manner.
  • Failure to treat: not providing treatment when it is needed, or not providing treatment in a timely manner.
  • Medication errors: mistakes in prescribing medication, such as prescribing medications that interact with each other and that should not be taken together.
  • Birth injuries: injuries that occur during pregnancy, labor, and delivery.
  • Surgical errors: negligence that occurs during or after surgery.
  • Improper anesthesia: generally, giving an incorrect amount or failing to properly monitor the patient under anesthesia.
  • Premature discharge from the hospital: allowing a patient to leave the hospital before they are medically ready to leave.

Carbondale medical malpractice lawyer working at her desk

What Types of Compensation Are Available for Medical Malpractice Claims in Carbondale?

If you have been injured as a result of medical malpractice, you may be entitled to receive compensation. There are several categories of compensation that are typical in medical malpractice cases in and around Carbondale, Pennsylvania. These include:

Past, Present, and Future Medical Expenses. You may be entitled to receive compensation to pay for past, present, and future medical expenses. This may include bills for hospital stays, doctor visits, medications, surgeries, or any other costs incurred in the treatment of an injury caused by medical malpractice.

Rehabilitation and Physical Therapy. If your injuries require long-term medical care such as physical therapy and rehabilitation services, you may be able to receive compensation for these services.

Lost Wages and Lost Earning Capacity. When you are injured as a result of medical malpractice, your normal life may be on hold. Sometimes, your life may never return to the way it was prior to the medical malpractice that caused your injury. In either case, your injuries may stop you from working, either temporarily or permanently. Or you may not be able to work in the same capacity that you worked prior to your injury. You may be able to receive compensation to cover your lost wages as well as any future income that you will lose because of the injuries you sustained.

Mental Anguish and Emotional Distress. In addition to physical injuries, medical malpractice may have been a traumatic experience for you. This can result in mental anguish and emotional distress. You may be able to receive compensation to cover costs associated with emotional distress, such as depression, stress, and even loss of sleep.

Loss of Enjoyment of Daily Activities. Similar to emotional distress, a medical malpractice injury may cause you to lose enjoyment in your usual daily activities. If this is the case, you may be able to receive compensation for this loss.

Loss of Consortium / Loss of Companionship. If you have been injured, you may experience a loss of consortium. This refers to not getting the benefits of parenting or married life due to the inability to show affection or love.

Wrongful Death Damages. If your family member died as a result of medical malpractice, you may be able to sue the responsible medical professionals to get justice for your loved one. While no amount of money can undo the damage done, compensation paid by the responsible parties works to hold them accountable and ensures you and your family are secure financially. This compensation can allow you to grieve without worrying about providing for your family.

You may be entitled to receive some or all of the following compensation:

  • Reimbursement for funeral expenses
  • Payment for your loved one’s medical expenses
  • Payment for past and future lost wages
  • Compensation for emotional anguish and mental pain and suffering

It is impossible to know what compensation you might receive until we have conducted a thorough analysis of your case. Call an experienced Carbondale personal injury lawyer at Munley Law for a free, no-obligation consultation. We can advise you of your legal rights and guide you to getting the compensation you deserve.

Carbondale medical malpractice lawyer working at her desk

How Does a Lawyer Prove Medical Malpractice in Carbondale?

Medical malpractice lawsuits can be very complex. They can involve medical expert witnesses and legal terms such as “standard of care” and causation. In order to prove your medical malpractice case, your lawyer must show:

A professional duty of care was owed to the patient. Your lawyer will need to show that the medical professional had a responsibility to act in a way that would not cause harm to you as their patient.

There was a breach of the professional duty of care. Your lawyer will need to show that the healthcare provider ignored that duty and acted in a negligent matter, or failed to act in some way.

The breach of the professional duty of care caused your injury. Your lawyer must show that the negligent action or inaction caused your injury. Even if a medical professional action negligently, if there was no injury to the patient, there is no medical malpractice claim.

The injury resulted in damages. Your lawyer must show that you suffered some kind of harm as a result of the injury. This will most likely be physical harm that resulted in extensive medical expenses. In some instances, the negligence might result in the patient’s death.

How a Lawyer Can Help with Your Medical Malpractice Claim

Hospitals, doctors, and other medical professionals have medical malpractice insurance. These medical professionals and their insurance companies have teams of lawyers ready to immediately start building a case against you. And insurance companies often offer the lowest amount of compensation possible in order to try to settle a case quickly. This can make it harder to get compensation. You need a team of lawyers with experience handling medical malpractice cases. You need a team of lawyers who are ready to work with experts who can prove your case. And you need a team of lawyers who will fight for your rights to be protected.

When you file a medical malpractice claim, your legal team will negotiate with the insurance companies to get you the compensation you deserve. Experienced medical malpractice lawyers will be able to determine how much compensation you will need to take care of your injuries. And not just now, but in the future. Plus, experienced medical malpractice attorneys will work with medical experts who will know how your injuries may progress over time so you get the maximum amount of compensation available for your injuries.

If these negotiations fail to get the justice and compensation you deserve, a medical malpractice lawsuit may be the proper course of action. Victims need to make sure they have an expert medical malpractice lawyer with successful trial experience if they need to go to court. The medical malpractice attorneys at Munley Law have the trial experience needed to advocate for you.

Because of the complexity of medical malpractice cases in the Carbondale area, you need an experienced lawyer who knows how to handle a medical malpractice lawsuit. The medical malpractice attorneys at Munley Law have the experience to ensure you receive the compensation you deserve. We also have a team of medical experts who can review medical records to ensure evidence is collected and the best possible case is made for you. Our team can work on your behalf to make sure the responsible party is held liable and you are compensated.

Call Munley Law today for a FREE consultation or use our online contact form.

Personal injury attorney Marion Munley speaking with a client

Frequently Asked Questions About Medical Malpractice in Carbondale, PA

Q: How Common is Medical Malpractice?

According to a study published in the peer-reviewed journal BMJ, medical errors negatively affect one in every 20 patients each year. In fact, approximately 12 percent of these preventable medical errors result in permanent disability or death.  According to the Unified Judicial System of Pennsylvania, 1,460 medical malpractice cases were filed in Pennsylvania in 2021.

Q: Who Can Be Responsible for Medical Malpractice in Carbondale?

Under Pennsylvania laws, any licensed healthcare provider can be held accountable for medical negligence. This includes:

  • Doctors
  • Surgeons
  • Nurses
  • Anesthesiologists
  • Physician’s Assistants
  • Hospitals
  • Medical Practice Groups
  • Mental Health Professionals
  • Physical Therapists

Q: How Can a Medication Error be Medical Malpractice?

Medication errors occur in several different circumstances, such as

  • prescribing the wrong medicine,
  • prescribing a medication that is a known allergen to the patient, or
  • prescribing medications that should not be taken together.

Q: How Much is My Case Worth?

No one can tell you exactly how much your claim is worth without first interviewing you, gathering evidence, reviewing medical records, speaking with medical experts, and considering future medical costs.

There is no “average settlement.” But there are common factors that will be considered in determining how much your claim is worth. Some of the factors that affect the settlement value include:

  • the severity of the injuries you suffered
  • cost of current and future medical treatment
  • time you missed at work, and any future lost earning capacity
  • non-economic damages, such as emotional distress

Q: How Long Do I Have to File A Medical Malpractice Lawsuit?

The Pennsylvania statute of limitations applies to medical malpractice lawsuits filed in Carbondale. The “statute of limitations” is the law that states how long you have to file your lawsuit. The Pennsylvania statute of limitations for medical malpractice is two years.

Under the law, an injured patient must file their medical malpractice claim within two years of the date the medical malpractice occurred. Or, within two years of knowing that an injury was caused by medical malpractice. For example, if you had surgery and six months later learned that a medical instrument was left inside your body during the surgery, your case would need to be filed within two years of the date you learned the medical instrument was left inside your body.

Q: Should I Accept a Settlement From the Insurance Company?

Never accept a settlement offer from an insurance company before consulting with an experienced lawyer. Unfortunately, the settlement offered by an insurance company is usually a fraction of what you would receive with the help of a lawyer.

And, in most cases, if you accept an offer of settlement, you waive your right to seek additional compensation, even if the settlement proves to be insufficient. For this reason, it is important that you consult a lawyer first. Don’t let the insurance company pressure you into accepting an offer before you’re ready.

Q: How Do I Know If I Need a Medical Malpractice Lawyer?

If you were harmed as the result of a medical error, you may be able to bring a lawsuit against the negligent medical provider to obtain maximum compensation for your injury. Unfortunately, you will likely face legal hurdles without a lawyer on your side. Many victims of medical malpractice never get the total compensation they are entitled to when handling the claim on their own.

The legal process can be confusing, and insurance companies profit by settling for as little as possible. As an injured patient, you may be concerned about paying your current medical bills, especially if you’re missing a lot of time from work. A quick settlement from the insurance company would solve that problem instantly. But that’s usually not a good idea. Don’t forget about future expenses that you may not anticipate. Will that settlement cover those or your lost earning potential or long-term physical therapy?

At Munley Law, an experienced and knowledgeable medical malpractice attorney will be able to estimate the compensation you may be entitled to receive for both present and future medical bills, lost wages, pain and suffering, and other damages.

Q: How Does the Legal Process Work for Cases Under Pennsylvania Law?

The legal process for medical malpractice cases under Pennsylvania law follows the same process as other personal injury cases in Pennsylvania. It typically starts with negotiations with the insurance company to recover compensation for medical expenses, future medical expenses, lost wages, and more. If a settlement cannot be reached, then your attorney will file a medical malpractice lawsuit on your behalf. An experienced Carbondale medical malpractice lawyer can help you navigate this legal process, gather evidence, negotiate, and represent you in court.

Q: How Much Does a Medical Malpractice Lawyer Cost?

At Munley Law, we understand that medical malpractice injuries cause physical injuries and financial hardship. While you or your loved one is recovering from traumatic injuries, you may be incurring expensive medical bills and be unable to work. The last thing you need when trying to get well is financial stress.

That’s why Munley Law works on a contingency fee basis. This means you pay nothing upfront. We will pay all of the costs of your case upfront out of our own pocket. Our fee will be a percentage of the compensation we recover for you, either in a settlement or verdict in court. And we won’t be paid a penny if we don’t win for you.

Q: What Makes Munley Law Different from Other Medical Malpractice Attorneys in Carbondale?

At Munley Law, our partners each have decades of experience in medical malpractice and other areas of personal injury law – including experience trying cases in front of a jury. While many injury lawyers have never been to trial, we have brought numerous cases to verdict and are always prepared to take your case to trial if the negligent medical provider won’t agree to a settlement that provides you with the compensation you deserve.

We have won dozens of multimillion-dollar results for our clients. Plus, we invest the resources necessary to build a winning case for you. That means we work with world-class experts, medical professionals, technologists, and more. We invest in you.

The Attorneys at Munley Law Can Help. Call Us Today for Your Free Consultation.

Since 1959, the medical malpractice attorneys of Munley Law have represented medical malpractice victims throughout Pennsylvania. Our experienced medical malpractice lawyers understand the complex medical malpractice laws that apply in Carbondale and throughout Pennsylvania. We have represented clients who have sustained injuries from doctors, surgeons, nurses, hospital and nursing home staff, and other medical professionals.

Our medical malpractice lawyers are national leaders in the industry and have consistently been named among the Best Lawyers in America. We have earned the top client and peer ratings from Martindale-Hubbell, one of the nation’s oldest and most respected legal organizations. Our partners are board certified by the National Board of Trial Advocacy and have been recognized by Thomson Reuters as Pennsylvania Super Lawyers.

If you or a loved one has suffered injuries as a result of medical malpractice, contact us today. Or if you have questions or think you may be the victim of medical malpractice, talk to one of our experienced medical malpractice attorneys today. We will answer your questions free of charge, and help you determine what to do next. Fill out our contact form, start a chat, or give us a call to discuss your medical malpractice claim.

    Munley Law Carbondale Personal Injury Attorneys

    41 N Main St,
    Carbondale, PA 18407
    +15702802502

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