When you seek treatment from a healthcare provider in Lancaster, PA, you assume they will help you heal from injury and illness. You likely don’t imagine that a doctor will cause harm or that they will allow harm to befall you.
Unfortunately, healthcare providers can be negligent. If you or a loved one have struggled with injuries, illness, medical bills, and other such consequences because a medical professional was negligent, you may seek compensation by filing a medical malpractice claim or lawsuit.
Serving the area for 65 years, the Lancaster medical malpractice lawyers at Munley Law can review your case and fight for the compensation you deserve if you decide to take action. Learn more by contacting us today for a free consultation.
Understanding Medical Malpractice in Lancaster, PA
Medical malpractice occurs when a healthcare provider fails to provide a patient with the quality of care that a reasonable healthcare provider would generally offer in a given situation. For example, perhaps a patient is harmed because a doctor fails to diagnose a serious condition in a timely manner. Whether the patient has grounds to submit a medical malpractice claim or lawsuit depends on whether most doctors would have been able to diagnose the condition earlier if they’d had the same information as the one who failed to make a proper diagnosis.
Patients in these circumstances may require more medical care than they originally would have needed had they been diagnosed earlier. If they have a valid case, they can receive compensation for the cost of said additional care.
Medical errors can take many forms. Common examples include:
- Failure to diagnosis
- Misdiagnosis
- Refusal to treat
- Failure to obtain informed consent
- Surgical errors
- Anesthesia errors
- Birth injuries
- Medication errors
Don’t underestimate the impact that medical malpractice can have on Lancaster residents. According to one Johns Hopkins Study that made waves in recent years, medical errors represent the third leading cause of death in the US. Although some have taken issue with these results, the research generally indicates that medical malpractice is a serious problem affecting many throughout the country.
Maybe you’ve been harmed because a medical professional didn’t offer the care you deserve. If you believe you’ve been a victim of medical malpractice, contact Munley Law today for a free consultation.
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Navigating Pennsylvania’s Medical Malpractice Laws
The following points touch on key areas of Pennsylvania law that may be applicable in your case:
- Statute of Limitations: Time is of the essence when taking legal action for medical mistakes. Generally, you have two years from when you discovered medical negligence (or should have reasonably discovered that medical negligence occurred) to file a lawsuit. Some exceptions may apply, though. For example, if a victim is under 18, the two-year clock on the statute of limitations generally doesn’t start “counting down” until they turn 18. The statute of limitations may also be paused if it’s revealed that a defendant tried to conceal information that might indicate negligence or malpractice has occurred.
- The Importance of a Certificate of Merit: Anyone filing medical malpractice claims or medical malpractice lawsuits in Pennsylvania must include a Certificate of Merit with their initial complaint when doing so. The Certificate of Merit is a signed statement from a relevant medical professional stating they’ve reviewed the facts of the case and believe the injured party has a valid case based on their professional understanding of the appropriate standard of care. A medical malpractice lawyer can help a client find a doctor or other medical professional qualified and able to provide the Certificate of Merit if necessary.
- Informed Consent and Its Legal Implications: Pennsylvania law states that healthcare providers (except in unique circumstances, like life-or-death emergencies) generally don’t have the authority to decide whether a patient needs a particular treatment. Instead, doctors can suggest potential treatment options to patients. Patients must decide whether to consent to treatments based on the information doctors have provided them with. You may have a medical negligence case if you experienced negative consequences of a treatment you didn’t consent to. Even if you technically agreed to undergo treatment, you may have a case if you didn’t have sufficient information to make an informed decision.
Don’t let legal complexities deter you from seeking justice. Reach out to our experienced attorneys at Munley Law.
The Munley Law Approach to Medical Malpractice Cases in Lancaster, PA
Our medical malpractice lawyers at Munley Law understand that a tried and true process is valuable in any legal case. Although we’re perfectly able to adapt when necessary, the way we handle medical malpractice cases in and around Lancaster County, PA involves the following:
- Our Proven Investigation Process: We review the evidence, interview witnesses, request records, and take other necessary steps to thoroughly investigate a case and prove a medical error has occurred.
- Building a Strong Case: In addition to with gathering evidence like medical records, our medical malpractice attorneys reach out to expert witnesses (such as qualified medical professionals) when their testimony can improve your chances of receiving compensation.
- Negotiation and Litigation Strategies: In your case, the insurance company or liable party may attempt to settle the matter for less than your claim is worth. An experienced medical malpractice attorney can review settlement offers and determine whether they’re fair. If you appear to deserve more compensation than the insurance company is willing to offer, we’ll reject low settlement offers and leverage the evidence we’ve gathered to negotiate for more. Our Lancaster medical malpractice lawyers are also prepared to go to court and fight for damages in a trial if necessary.
Trust Munley Law’s experienced team to handle your case with dedication and expertise. Contact us now.
Compensation for Medical Malpractice Victims
Damages that may be available in a medical malpractice claim can include economic damages, such as:
- Medical bills
- Lost wages
- Future medical expenses
- Loss of earning capacity
- Medical travel costs
- Medication costs
- Home modification costs
The above examples are called economic damages because they’re ultimately financial. Some of them may also consist of future losses. For example, a medical malpractice lawyer can help you estimate the cost of future medical care if your injuries resulting from medical errors are severe enough to require long-term treatment.
Non-economic damages may be available as well. Pain and suffering is an example of non-economic damage in a Lancaster medical malpractice case. Although pain and suffering damage doesn’t have an obvious dollar value, that doesn’t mean you shouldn’t receive compensation for it if your pain and suffering resulted from the negligence of medical professionals.
Wrongful death claims involving medical malpractice may also involve different damages. In this case, you might seek the cost of burial and funeral as non-economic damage.
Ensure you receive fair compensation for your suffering. Schedule a free case evaluation with Munley Law today.
Why Choose Munley Law for Your Lancaster Medical Malpractice Claim
Medical malpractice cases are quite complex compared to other personal injury cases. When seeking compensation, you need representation from medical malpractice lawyers qualified to handle a case like yours.
Reasons to choose Munley Law for your medical error case include:
- Our Track Record of Success: Munley Law has helped injured Pennsylvanians recover the compensation they deserve for six decades and counting. We don’t require you to take a leap of faith and trust us when we say that our firm is prepared to offer the representation you deserve now. We have a proven track record of success that we’d be happy to discuss during a free consultation.
- Client-Centered Approach: Every case that walks through our Lancaster doors carries a deeply personal story. Our growth as a medical malpractice and personal injury firm stems from a simple truth: we see beyond the case files to the lives they represent. When you share your story with us, you’ll find a team that listens intently, crafts solutions around your specific needs, and stands beside you every step of the way. It’s more than just legal representation – it’s a partnership built on understanding and genuine care.
- Resources and Network of Medical Experts: Our firm brings two essential strengths to your medical malpractice case. First, we maintain a trusted network of medical experts whose testimony can illuminate complex healthcare issues. Second, we possess the substantial resources needed to investigate medical errors thoroughly. These advantages allow us to build compelling cases for our Lancaster clients.
Put your trust in a law firm that puts you first. Contact Munley Law to discuss your medical malpractice case
Frequently Asked Questions About Medical Malpractice in Lancaster
If you still have questions, these FAQs may provide the information you’re seeking:
How Do I Know If I Have a Valid Claim?
You have a valid medical malpractice claim if you were harmed because a medical professional or entity failed to provide care that meets the applicable standards. However, knowing if the care a medical professional provided (or failed to provide) fails to meet these standards may be difficult if you lack relevant experience or training. Speak with a lawyer for more information.
Will My Case Go to Trial?
Whether a medical negligence case will go to trial in Pennsylvania depends on many factors. According to the US Bureau of Justice Statistics, approximately half of all medical malpractice cases may technically go to trial. However, only about 5% of them end in some sort of trial verdict. That means most medical malpractice claims get settled out of court.
What If My Doctor Failed to Diagnose My Condition?
Failure to diagnose is a common form of medical malpractice. You might struggle with a harmful illness or injury for longer than necessary because a medical professional didn’t make a timely diagnosis.
If you still have questions about your medical malpractice case, Our Lancaster personal injury team is ready to provide answers. Contact Munley Law for a free case evaluation.
Munley Law Personal Injury Attorneys
606 Court St.
Reading, PA 19601
(610) 831-4234