Get a Pittsburgh medical malpractice lawyer who will fight for you
When we put our lives in the hands of a doctor or medical professional, we trust they will do their best. Unfortunately, medical errors happen too often in Pittsburgh. Many times, a mistake is just that — a mistake. However, if the medical malpractice was caused by a negligent doctor, nurse, or other medical professional which resulted in further harm to you or a loved one, you have the right to take legal action. To take the first step towards getting your life back, schedule a free consultation with a medical malpractice lawyer at Munley Law Personal Injury Attorneys today.
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$5 Million Medical Malpractice
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We know a lot of medical lawyers talk the talk, but there is only one law firm that wins the way we do. Our firm was founded in 1959 with a simple mission: to fight for justice for all accident victims and never back down against the “big guys.” For the last 60 years, our medical negligence lawyers have honored that promise by holding Pittsburgh doctors and hospitals accountable for our clients’ injuries. While doing so, Munley Law Personal Injury Attorneys negotiated record-breaking settlements, won millions at trial, and won recognition as the best in the business across Pennsylvania.
At Munley Law Personal Injury Attorneys, we treat all medical accident victims like family, and we will fight for you the way we’d fight for our own. To see the difference a Pittsburgh personal injury lawyer from Munley Law Personal Injury Attorneys makes, call us to schedule a free consultation today.
What is Considered Medical Malpractice?
According to the American Board of Professional Liability Attorneys (ABPLA), medical malpractice occurs when a healthcare professional negligently acts or fails to act so as to injury a patient. When a medical mistake happens because of someone’s carelessness, this is called medical malpractice.
A medical malpractice study published in the peer-reviewed journal BMJ found that every year, one in every 20 patients are affected by a medical error. About 12 percent of patient injuries that could have been prevented lead to a permanent disability or death. A Johns Hopkins study further stated that medical mistakes are now the third leading cause of death in the United States — more than 250,000 people die each year in the U.S. because of a medical mistake.
As the victim of such extreme carelessness by a medical professional, you may be able to get compensation for your medical bills, lost wages, pain and suffering, and other losses if a family member died because of the medical malpractice. A Pittsburgh medical malpractice lawyer from Munley Law Personal Injury Attorneys will help you get the justice you deserve by guiding you through the medical malpractice case process.
What Are the Most Common Types of Medical Malpractice?
Medical malpractice can take a variety of forms. However, certain medical mistakes are more common than others. In hospitals across Steel City, such as Allegheny General or any of the UPMC branches, medical malpractice can result in serious injuries and life-threatening illnesses.
Some of the top types of medical malpractice that occur include:
Misdiagnosis or Delayed Diagnosis
Misdiagnosis is one of the most common types of medical malpractice. It happens when a medical professional either ignores or fails to diagnose a condition correctly. If the condition isn’t diagnosed quickly, it can get worse and require more treatment, putting the patient’s life at risk.
A common example of a misdiagnosis is cancer. For example, a patient’s x-rays showed signs of a small mass on the lungs, but the doctor did not order any more tests. A few months later, the growth of the mass speeds up, and the cancer has spread to other parts of the body. If the doctor had ordered tests when the mass was first seen, the growth might not have happened.
A birth injury can be terrible for the family and could change the life of the child. At any time during the pregnancy, the baby could get hurt, but most of the time, this is avoidable. Birth injuries can be caused by things like using forceps wrong or not keeping an eye on the health of both the mother and child.
When someone needs surgery, they put their lives in the hands of doctors and nurses. And if something goes wrong, it could be life-threatening.
Nerve damage, making an incision in the wrong place, operating on the wrong part of the body, giving too much or too little anesthesia, or leaving surgical equipment, like a sponge, in the patient are all common types of surgical errors.
If a doctor or nurse gives or prescribes the wrong medication, they could be held responsible. Some examples are getting too much or too little medicine or being given the wrong medicine.
To prove any of these kinds of medical mistakes, you will need a personal injury lawyer who has the tools to look into the case. Munley Law Personal Injury Attorneys has medical consultants who can look into your case and figure out if there was negligence.
What Will I Have to Prove to Win My Medical Malpractice Case?
To win your medical malpractice lawsuit at trial, your lawyer will need to prove the four “elements” of a medical malpractice claim.
Duty of Care
Firstly, your medical malpractice lawyer will need to show that your treating doctor, nurse, healthcare professional, or healthcare facility owed you a duty. Duty means an obligation to reasonably treat you according to the acceptable standard of care. When a hospital employs the doctor you are suing for negligent care, establishing duty is usually fairly straight-forward. However, in the 21st century, many doctors, nurses, and hospital technicians appear to hospital employees, but are actually independent contractors. Often times, a doctor’s employment status is unclear. As a result, this makes things more complicated and can get in the way of holding responsible parties accountable. To make sure you are suing the right parties and maximizing your financial award, you will need an experienced med mal lawyer with knowledge of Pennsylvania law and a winning track record. If you’d like to speak with our award-winning medical malpractice team, schedule your free consultation today.
Breach of Duty of Care
Secondly, your medical malpractice lawyers must prove that your doctor breached the standard of care to commit the medical malpractice. Often times, this will require testimony from medical malpractice experts, who can help your team and the jury understand the complexities of your medical malpractice case. At trial, expert witnesses battle over whether the treating physician’s actions conformed to acceptable medical standards. As a result, you’ll need a Pittsburgh medical malpractice lawyer who understands the science and how to use medical records, reports, and experts to build a winning strategy.
Thirdly, and often times most difficultly, you need to convince a jury that your doctor’s breach of his or her duty is what caused your injuries. While this may not sound difficult, this is typically a challenging task. Many patients suffer from multiple conditions and/or diseases. This can make the cause of the injuries hard to determine. To win, your lawyer will need to convince the jury “by a preponderance of the evidence” that your injuries are your doctor’s fault, not yours.
Finally, you must show that you actually suffered damages because of your doctor’s negligence. Damages mean harm resulting from your injuries. Depending on the nature of your case, you can do this by showing physical, financial, or emotional losses. You also may show future losses, such as the inability to work in the future or the need for future medical treatment. To determine exactly what kind of damages you need to prove, speak with the experienced Pittsburgh medical malpractice lawyers from Munley Law Personal Injury Attorneys today.
Frequently Asked Questions About Medical Malpractice Claims in Pittsburgh
Q: What Damages Could I Receive for a a Medical Malpractice Claim?
A: There is no set amount for damages due to medical malpractice, but your Pittsburgh medical malpractice attorneys will work hard to get you the most money possible. Some kinds of damage are:
- Current and future medical costs include hospital stays, treatment, surgery, follow-up appointments, physical therapy, rehabilitation, and prescriptions.
- Lost income including any future lost wages because of injuries or illnesses that won’t go away.
- Damages that can’t be seen or touched, such as pain and suffering and emotional trauma.
- Wrongful death is when a loved one dies because a doctor or nurse didn’t do their job well.
Q: How Long Do I Have to File a Medical Malpractice Claim in Pittsburgh?
A: You have two years to file a medical malpractice claim. The time limit begins when you first learn about the error. If the injury victim is a minor, the statute of limitations is a little different. For example, if your child suffered a birth injury, they have until they turn 21 to file a medical malpractice lawsuit against the medical professional.
Q: What is the Difference Between a Medical Error and Medical Negligence in Medical Malpractice?
A: When a medical professional makes a mistake while providing medical care, a medical error has occurred. It was neither accidental nor the consequence of carelessness.
When the standard of care for a patient’s condition is not reached, medical negligence has occurred. It might be challenging to demonstrate medical misconduct, therefore it’s crucial to speak with an experienced medical malpractice attorney to explore your legal alternatives.
Q: How Much Does it Cost to Hire A Medical Malpractice Lawyer for a Medical Malpractice case?
A: At Munley Law Personal Injury Attorneys, that answer is simple: $0. Unlike other law firms, we will never charge you an hourly rate to take your case and then run your bills up. We are so committed to fighting for justice for medical accident victims and so confident in our ability to win for you that we’ll use a contingency fee model. Under this model, we will pay all of the costs needed to fight your case upfront out of our own pockets. And we will never send you a bill while your case is ongoing. Instead, we will simply subtract those costs out at the end if and when we negotiate a settlement you approve of or win a jury award. And if you don’t get paid, neither will we. You’ll walk away owing us nothing.
If you were injured by a medical professional, you have the option to speak with an experienced medical malpractice lawyer from Munley Law Personal Injury Attorneys. We will be able to look at your medical malpractice case, provide valuable feedback, and help you get compensation for your injuries. Do not wait much longer —
Call, text, chat, or email a leading Pittsburgh medical malpractice lawyer from Munley Law Personal Injury Attorneys for free today.
Pittsburgh Practice Areas
Munley Law Personal Injury Attorneys
510 Third Avenue
Pittsburgh, PA 15219