Erie Medical Malpractice Lawyer

Personal Injury Lawyers / Erie Personal Injury Lawyers / Erie Medical Malpractice Lawyer

When doctors take the Hippocratic Oath, we expect them to provide a certain level of care to all patients they encounter. But when medical negligence occurs and an injury or illness results, you need support. If you or a loved one suffered at the hands of a medical professional, call the Erie medical malpractice lawyers of Munley Law.

For more than 60 years, Munley Law has represented victims and their families, including those of medical malpractice. Call today for a no-obligation, free case evaluation.

What is Medical Malpractice?

The National Institutes of Health defines medical malpractice as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.”

Medical malpractice can occur once a doctor-patient relationship has been established and includes injury, misdiagnosis, inaccurate treatment, and more.

What is the Difference Between Medical Malpractice and Negligence?

Medical malpractice is a subset of negligence under personal injury law.

In the legal sense, negligence occurs when a person or entity does not practice the level of care toward another that a reasonable person would in similar circumstances. To prove negligence, you must show that the person has a legal duty owed to you; there was a breach of that duty, the breach caused your injury, and the injury resulting from the violation resulted in damages.

However, when we hear medical negligence, this means something slightly different.

Medical negligence occurs when a healthcare provider makes a choice that accidentally harms a patient. In this case, there was no intent or a knowing that harm would occur. In other cases, medical negligence can occur when a mistake is made, but no damage is done to the patient.

In contrast, medical malpractice occurs when medical professionals are aware of the potential consequences of harm and make the choice anyway. However, it's not just making a choice; it's making a choice and then making a mistake due to a lack of protocol or a misstep.

Suing for medical malpractice is a much harsher claim than medical negligence.

Who Can Be Responsible for Medical Malpractice?

We often think that only doctors can be held liable for medical malpractice, but that is not the case. You can file a medical malpractice lawsuit against any licensed healthcare provider. This includes:

• Physicians
• Nurses
• Dentists
• Surgeons
• Therapists
• Technicians
• Hospitals
• Pharmacists
• A healthcare corporation or facility
• Nursing home facility

If you are unsure of who is liable for your medical malpractice case, call Munley Law. We'll investigate your claim and determine who is liable for your injury or illness.

What Types of Medical Malpractice Cases Does Munley Law Handle in Erie, PA?

At the Munley Law, we handle some of the most common yet complex forms of medical malpractice. Our Erie medical malpractice lawyers have experience in the following claims:

• Misdiagnosis: It can be complicated to determine what illness a patient has. However, when a medical provider misdiagnoses a patient, causing them to undergo unnecessary treatment and become ill, they may have a claim for medical malpractice.
• Delayed diagnosis: Sometimes, a doctor does not make a diagnosis promptly, causing the patient to miss the opportunity for successful treatment. A common example of delayed diagnosis is delaying cancer treatments.
• Failure to treat: Sometimes, a doctor makes the correct diagnosis but fails to follow through with the proper treatment plan, which can result in further illness or injury.
• Birth injuries: The birth of a child should be the highlight of any parent's life. But when birth injuries occur due to negligent care in the delivery room, it can quickly become a nightmare. Common birth injuries include paralysis, Erb's palsy, cerebral palsy, and nerve damage.
• Surgical errors: When you get placed under anesthesia for surgery, you hope to wake up to the proper procedure having been completed. However, that is only sometimes the case. Surgical errors due to negligence may include wrong-site surgery, improper procedures, leftover medical devices, and lack of aftercare.
• Anesthesia errors: Administering anesthesia is a challenging task, but one we hope the anesthesiologist is capable of doing. If a patient receives too much or too little anesthesia during surgery, the results can be catastrophic or even fatal. Anesthesia errors may result from not reviewing a patient's medical history before the procedure, failing to monitor vitals during the surgery, not addressing pre-op procedures and needs, and using defective medical equipment.
• Medication errors: Whether caused by a lack of proper medical history or a physician not taking the time to review the medication the patient is already on, medication errors can be fatal. A pharmacist filling the incorrect prescription can also cause an error.
• Hospital negligence: Sometimes negligence doesn't stem from one person but from a group. Hospital negligence occurs when the care and conditions a patient experiences are not the proper standard of care.
• Wrongful death and survival actions: In severe cases, medical negligence can result in the death of a loved one. If this is the case, the family of the victim may be able to sue for wrongful death and survival actions.
• Nursing home abuse: When we entrust a nursing home to care for our elderly loved ones, we expect the medical care they receive to be just as good as when they were home. However, if this isn't the case, you can fight for justice for your loved one.

To recover compensation from negligent doctors or medical personnel or to determine if you have a case, you need an Erie County lawyer with experience in medical malpractice claims.

How Can I Tell If My Case Involves Medical Malpractice?

Proving negligence in any personal injury case can be challenging, but it is incredibly complex regarding medical malpractice. To determine if your case involves medical malpractice, there are four elements you need to be able to prove.

The first element is that there was a doctor-patient relationship that should have been held to and acted upon in a professional standard. Next, you must illustrate that the medical professional(s) did not act appropriately or failed to act under those standards. Third, you suffered harm. And lastly, the damage you suffered resulted from the inadequate medical care you received from healthcare providers.

You do not have a case if the medical care provider caused you no harm. 

What Do I Need to Prove Medical Malpractice?

In addition to the four elements of negligence mentioned, other factors can be used to prove medical malpractice occurred.

Evidence, specifically medical expert testimony, is one of the most critical elements of a successful medical malpractice claim.

Your expert witness will be able to explain to the jury what went wrong, leading to your injuries. This may include explaining what the healthcare professional does daily, including diagnostic tasks, a standard medical procedure, etc. From there, they will call upon their experience to illustrate what went wrong and what injuries the victim sustained.

Failing to utilize an expert medical witness can hurt your chances of recovering maximum compensation.

Statute of Limitations on Erie Medical Malpractice Claims

Under Pennsylvania law, medical malpractice victims have two years from when the malpractice was discovered or should have been found. So, this may be from the date a diagnosis was given, a medication was prescribed, a procedure occurred, or an infection was found.

Sometimes, a medical malpractice claim timeline can be challenging to determine, especially when multiple steps go wrong. Experienced Erie medical malpractice attorneys can guide you through the filing requirements to ensure all deadlines are met and your case succeeds.

How Can Our Erie Medical Malpractice Lawyer Help?

Finding the right medical malpractice lawyers for your claim can be challenging, especially when your primary focus is physical recovery from your illness or injuries. But that's where Munley Law comes in. With more than 60 years of experience helping injury victims in Northwestern Pennsylvania and across the state, we obtain compensation for patients who followed a doctor's advice and suffered.

Erie Medical Malpractice Lawyers Build Your Case

Proving a medical mistake can be a challenge without the right attorney by your side. Our personal injury lawyers in Erie will collect all available evidence for your case and build you a tailored legal strategy to ensure that your case is pivoted to success.

We will collect evidence, including:

• Medical records and surgical notes
• Expert testimony
• Witness testimony
• Prescription documentation
• Record of hospital policies

We leave no stone unturned to position your case to a successful outcome.

Compensation For a Medical Malpractice Suit

After a failed medical procedure or a lengthy hospital stay, you likely incur medical bills that increase over time. At Munley Law, we help medical malpractice victims collect compensation for:

• Medical expenses
• Lost wages, including lost future wages
• Out-of-pocket expenses for child care, home health care, and travel expenses, if applicable
• Home modifications
• Pain and suffering
• Loss of consortium
• Disfigurement
• Disability or temporary impairment
• Funeral costs in the case of wrongful death

There is no average settlement amount for medical malpractice suits, as the overwhelming damage can vary from person to person.

In addition, it's important to note that in many cases, medical malpractice suits are settled out of court to avoid bad press, but that doesn't mean you have to accept the first offer you are given. Instead, work with an experienced medical malpractice law firm who can negotiate on your behalf.

Medical Malpractice Victims Need Munley Law

If you or a loved one were injured due to medical professionals' negligence, Munley Law can help. With a track record of success in some of the most complex medical malpractice claims, let us handle your legal battles while you recover from your injuries. We've taken on some of the biggest names in the medical field in Pennsylvania and across the country, and we'll use that experience to help you.

We believe price should be a manageable factor in securing legal counsel for your medical malpractice claim. Our attorneys work on a contingency basis, meaning you have no upfront costs. Instead, we remain by your side from start to finish and only collect payment once a settlement or verdict has been reached. We only get paid if we win.

For a no-obligation, free case evaluation, contact the Erie medical malpractice attorneys of Munley Law today.