Pennsylvania Medical Malpractice Lawyer

Personal Injury Lawyers / Medical Malpractice Attorney / Pennsylvania Medical Malpractice Lawyer

When you or someone you love enters a hospital or undergoes medical treatment, you rely on their caregivers to protect their patients from harm. Unfortunately, healthcare providers do not always uphold the standard of care. When a medical professional fails to uphold the standard of care, a medical error or medical negligence can have life-altering consequences for patients.

Pennsylvania has some of the country’s best doctors and medical facilities, but mistakes and negligence can happen anywhere. The American Medical Association found that more than 30% of physicians report being sued for malpractice at some point during their careers.

Suppose you or your family member suffered a serious illness, injury, or untimely death because of a medical mistake or negligence. In that case, the medical malpractice lawyers at Munley Law can help you understand your rights under state law. Call today to schedule a free consultation. We do not charge anything for our services unless we win your case.

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What Constitutes Medical Malpractice in Pennsylvania?

In Pennsylvania, medical malpractice occurs when a medical professional deviates from the accepted standard of care and harms the patient.

Medical malpractice hinges on the “standard of care,” which refers to the level of skill, care, and treatment that a reasonably competent doctor in the same specialty, with similar training and experience, would provide under similar circumstances in the same geographic area. The standard of care is not fixed; it evolves with medical knowledge and technological advancements. Healthcare providers are expected to adhere to this standard when diagnosing conditions, providing treatment, performing procedures, and offering medical advice.

What are the Types of Medical Malpractice?

Our Pennsylvania medical malpractice attorneys handle many different types of medical malpractice cases. Some of the most common types of medical errors involved in medical malpractice cases include:

Misdiagnosis or Delayed Diagnosis

Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition, leading to inappropriate treatment, no treatment, or delayed treatment. Delayed diagnosis happens when there is an unnecessary delay in identifying the correct medical condition, potentially worsening the condition. Both can result in significant harm, including the progression of diseases that could have been managed or cured if correctly identified earlier.

Surgical Errors

Surgical errors encompass a range of mistakes that occur during surgery, which can include operating on the wrong site or patient, leaving surgical instruments inside the patient, performing the incorrect procedure, or causing injuries to organs, nerves, or tissues during surgery. These errors can lead to infections, long-term health issues, the need for additional surgeries, and even death.

Birth Injuries

Birth injuries refer to harm to a baby that occurs during the delivery process. These injuries can result from actions taken or not taken by healthcare providers, such as failing to monitor the baby’s oxygen intake correctly, mishandling the baby during delivery, or not performing a necessary cesarean section promptly. Birth trauma can lead to conditions like cerebral palsy, Erb’s palsy, brain injuries, and fractures.

Medication Errors

Medication errors can occur at any stage, from prescribing to administering drugs. They include giving the wrong medication, dispensing the wrong dose, failing to recognize harmful drug interactions, or not considering a patient’s allergies. Such errors can cause adverse reactions, exacerbate medical conditions, or lead to new health issues.

Anesthesia Errors

Anesthesia errors are critical and can be fatal. They include administering too much or too little anesthesia, failing to monitor the patient’s vital signs, using faulty equipment, or not considering a patient’s medical history for potential complications. The consequences can range from temporary injury to permanent impairment or death.

Failure to Treat

Failure to treat happens when a provider correctly diagnoses a patient’s condition but fails to recommend or administer the appropriate treatment. This can also include prematurely discharging a patient, not providing follow-up care, or not referring the patient to a specialist when necessary. Such neglect can lead to the worsening of the patient’s condition.

Hospital-Acquired Infections

Hospital-acquired infections (HAIs) are infections that patients acquire while receiving treatment for other conditions within a healthcare setting. These infections can be caused by improper sterilization procedures, inadequate handwashing, or the misuse of antibiotics, leading to resistant bacteria. While not all HAIs are due to negligence, some may be considered malpractice if they fail to follow established protocols.

What to Do If You Suspect Malpractice?

If you suspect that you’ve been a victim of medical malpractice, it’s essential to take the following steps to protect your rights and potentially pursue a legal claim:

Seek Medical Attention

Your health and well-being should always be your priority. If you’re experiencing adverse effects from medical treatment or believe you’ve received substandard care, seek medical attention immediately and document any symptoms or complications you’re experiencing.

Document Everything

Keep detailed records of all medical appointments, treatments, prescriptions, and any communications with healthcare providers regarding your concerns. This documentation will be valuable evidence if you pursue a malpractice claim.

Get a Second Opinion

Consider seeking a second opinion from another qualified healthcare provider. They can independently assess your condition and the care you received, which may help confirm whether malpractice occurred.

Contact a Medical Malpractice Lawyer

Reach out to an experienced medical malpractice lawyer as soon as possible. They can review your case, evaluate whether malpractice occurred, and advise you on your legal options. Medical malpractice cases are complex, and having knowledgeable legal representation is crucial for navigating the legal process effectively.

Obtain Your Medical Records

Medical records are vital evidence in a malpractice claim. Request copies of your complete medical records from all healthcare providers involved in your care. Under the Health Insurance Portability and Accountability Act (HIPAA), you have a legal right to access your medical records.

Who Can Be Sued in a Medical Malpractice Lawsuit?

Depending on the circumstances of the case, various parties involved in the patient’s care may be sued in a medical negligence case. This includes individual practitioners as well as larger entities and facilities.

Doctors and Surgeons: Physicians who diagnose, treat, or perform surgical procedures on patients.
Nurses: Registered nurses, licensed practical nurses, and nurse practitioners involved in patient care.
Anesthesiologists: Medical professionals responsible for administering anesthesia during surgery or medical procedures.
Specialists: Healthcare providers specializing in specific fields such as cardiology, obstetrics, orthopedics, etc.
Hospitals: Medical facilities where patients receive inpatient and outpatient care, including emergency departments, surgical centers, and clinics.
Clinics: Outpatient facilities where patients receive medical treatment, consultations, and diagnostic services.
Nursing Homes: Residential facilities providing long-term care for elderly or disabled individuals.
Rehabilitation Centers: Facilities offering specialized medical and therapeutic services for patients recovering from injuries or illnesses.
Third-party Contractors: Individuals or companies contracted to provide services to healthcare facilities

A medical malpractice attorney can review the details of your situation and identify all medical professionals and entities in your case who may bear responsibility for the harm you suffered.

How Do You Prove Negligence in a Medical Malpractice Case in PA?

Proving negligence is at the core of any medical malpractice claim. It involves establishing that the healthcare provider failed to adhere to the standard of care expected in their professional duties, leading to harm or injury to the patient. Here’s a detailed breakdown of the elements involved in proving negligence in a medical malpractice case:

Duty of Care: First, it must be established that a duty of care was owed to the patient. This is generally a given in medical practice, as healthcare providers inherently owe their patients a duty to provide competent and reasonable care. This duty arises from the recognized relationship between doctor and patient once treatment is undertaken.

Breach of Duty: The plaintiff must demonstrate that the health care professionals breached this duty of care. A breach occurs when the provider fails to meet the standard of care that a reasonably competent provider would have met under similar circumstances. The standard of care is defined by the level and type of care expected from a reasonably competent healthcare professional in the same field, with a similar background, and in the same community.

Establishing the standard of care and demonstrating a breach typically requires testimony from medical experts in the same field as the defendant. These experts will explain what a competent healthcare provider would have done differently under the same circumstances.

Causation: Proving causation involves showing a direct link between the healthcare provider’s breach of duty and the patient’s injury or harm. This means that the breach of the standard of care must be the direct cause of the injury, not merely an incidental factor. Causation often represents the most challenging aspect of a medical malpractice case, as it requires demonstrating that the outcome would have been different if not for the provider’s negligence.

Expert witnesses are also crucial in proving the patient suffered severe injuries, offering detailed explanations of how the provider’s actions or inactions led directly to the patient’s harm.

Damages: Finally, the patient must show that they suffered actual damages due to the negligence. This doesn’t just mean physical harm; it can also include emotional distress, additional medical bills, loss of income, and decreased quality of life. The plaintiff must provide evidence of these damages, including medical records, bills, employment records, and personal testimony.

Pennsylvania Medical Malpractice FAQs

What is a certificate of merit in medical malpractice cases?

A certificate of merit in medical malpractice cases verifies that a qualified medical expert has reviewed the case and believes there is a reasonable basis for the malpractice claim being pursued. This expert must be sufficiently versed in the relevant field to evaluate the case’s merits. The purpose of the certificate of merit is to help deter frivolous lawsuits and ensure that only legitimate cases proceed through the legal system.

State law dictates that the certificate of merit must be filed early in the lawsuit process, often alongside the complaint or within a specific time frame after filing the complaint.

Are all medical errors considered malpractice?

Not all medical errors are considered malpractice. Sometimes, doctors can adhere to the standard of care and still make a mistake or fail to diagnose an illness. Medical malpractice occurs when a healthcare provider’s negligence or failure to act by the standard of care directly causes injury or harm to a patient. If unsure whether your experience qualifies as medical malpractice, a Pennsylvania medical malpractice attorney can review your situation for free and help you understand your rights.

Is there a cap on medical malpractice damages in PA?

No, Pennsylvania does not cap damages for medical malpractice cases. Some states have a limit (also called a cap) on the amount of damages a plaintiff can receive in a medical malpractice case, but Pennsylvania does not.

How long do I have to file a medical malpractice lawsuit?

The deadline to file a medical malpractice lawsuit under Pennsylvania medical malpractice law is called the “statute of limitations,” it is typically two years from the date the malpractice occurred. However, there are situations where the two-year clock doesn’t start until the date on which you knew or should have known about the alleged malpractice. If you suspect medical negligence has occurred, it is best to consult a lawyer as soon as possible to avoid having your case dismissed.

How are medical malpractice settlements calculated?

Calculating medical malpractice settlements is a complex process that involves various factors and considerations, including the severity of damages, long-term prognosis, and more. Compensation in a medical malpractice case includes past and future medical bills related to treating the injuries caused by medical malpractice, lost income and lost earning capacity, physical pain, emotional distress, loss of enjoyment of life caused by the malpractice, and more.

While each case is unique, several common elements typically influence the determination of settlement amounts.

The extent and severity of the plaintiff’s injuries significantly impact the settlement amount. More severe injuries with long-term consequences generally result in higher settlements. The strength of the evidence proving liability and negligence by the healthcare provider or facility is crucial. Cases with clear evidence of malpractice may result in higher settlement amounts.

The negotiation skills and experience of the plaintiff’s attorney in advocating for a fair and just settlement can also impact the final settlement amount.

Contact the Pennsylvania Medical Malpractice Lawyers at Munley Law

The experienced medical malpractice attorneys at Munley Law offer free consultations, so you risk nothing by making an appointment with one of our legal experts. We can answer your questions, explain your rights, and advise you on the next steps. Contact us today for a free consultation with a medical malpractice attorney. Our Pennsylvania medical malpractice lawyers offer virtual and in-person consultations, and if you cannot come to one of our offices, we can travel to meet with you.

Our firm has a proven track record of successfully handling medical malpractice cases throughout Pennsylvania. We have secured significant client settlements and verdicts, holding negligent healthcare providers accountable for their actions. We do not get paid unless we win your case.