Going to the hospital is scary. One of the few comforts is knowing that you’re in the hands of medical professionals whose job is to make you feel better. So, where do you turn when the medical care harms you?
Hospital and medical negligence is becoming more prevalent in Wilkes-Barre, Pennsylvania, and the United States. Hospitals are consistently understaffed, and the healthcare and insurance systems strain doctor-patient relationships. There is an increasing problem with systemic negligence in medical clinics, emergency departments, and hospitals. Hospital negligence leads to misdiagnosis, delayed diagnosis, medication errors, surgical errors, and more. The results may not be a reversible error and can be devastating to the patient.
If hospital negligence resulted in an injury or worsened illness, you have the right to pursue a medical malpractice lawsuit against the liable parties. Call the Munley Law Wilkes-Barre medical malpractice lawyers today for a free consultation. Our compassionate legal team will assess your case, discuss your legal options, and guide you toward recovering fair compensation for your injuries.
Hospital Negligence in Luzerne County
From 2012 to 2016, Pennsylvania had the fourth-highest number of medical malpractice payouts in the United States. Wilkes-Barre has certainly seen its fair share of high-profile hospital negligence and medical malpractice cases. Unfortunately, medical malpractice is still the third leading cause of death in the United States.
Here is what you should know about filing a claim against a healthcare provider for hospital negligence in Luzerne County, PA:
- There is a difference between hospital negligence and medical malpractice. You should consult a personal injury lawyer to decide if you have a valid medical malpractice claim.
- The statute of limitations in Pennsylvania is two years from the date of the injury. You must file your claim within that time frame.
- Pennsylvania law states that the injured patient must have a certificate of merit to file a hospital negligence claim. It requires confirmation by a “qualified expert” that the hospital personnel did not meet the expected standard of care owed to you. The certificate of merit and expert report must be submitted within 60 days of the lawsuit being filed.
- The hospital negligence lawsuit must be filed in the county where the malpractice occurred. If the malpractice occurred at Wilkes-Barre General Hospital, you may file in Luzerne County. However, you must file elsewhere if the malpractice occurred outside the county limits.
- In the state of Pennsylvania, there is no cap on damages. Speak to a Munley Law personal injury attorney to discuss your case and the compensation you may receive for your injuries.
Wilkes-Barre Hospital Negligence vs. Medical Malpractice
Although these terms are often used interchangeably, there is a legal difference between hospital negligence and
medical malpractice. Hospital negligence may occur without an injury. For example, if a medical professional fails to warn the patient of all medication side effects, that is negligence. However, the patient may not experience any illness or injuries due to the medication.
Medical malpractice results in an injury to or worsened illness of the patient. One may say hospital negligence often leads to medical malpractice. The key to medical malpractice is harm caused to the patient. In claims of medical malpractice, the patient is often injured due to:
- Delayed or misdiagnosis
- Birth injuries
- Surgical errors
- Medication and prescription errors
- Anesthesia errors
- Faulty medical devices
- Lack of informed consent
Hospital Infections
Hospital-acquired infections are one of the most common results of hospital negligence. These infections occur during a patient’s stay in a hospital. It’s important to note that the infection did not occur because of something the patient did. It is not related to their health or the illness or injury that brought them to the hospital in the first place. A patient who develops a hospital-acquired infection would not have gotten it if they hadn’t gone to the hospital.
The most common hospital-acquired infections are urinary tract infections (UTIs), bloodstream infections, surgical site infections, and hospital-acquired pneumonia.
Lack of hospital staffing, training, or supervision
According to the National Library of Medicine, the proper standard of care is the benchmark that determines whether professional obligations to a patient have been met. That standard includes adequate staffing, proper training, and qualified supervision of the medical personnel. Without these, the hospital is putting the patient in danger of serious medical errors that can be devastating to the patient’s health.
Provider malpractice
In most medical malpractice claims, the obvious defendant is the healthcare provider who did not provide quality care and whose negligence directly caused harm to the patient. However, according to the doctrine of respondeat superior and vicarious liability, the hospital may also be liable for the provider’s negligence in a medical malpractice claim. Respondeat’s superior holds the employer vicariously liable for the employee’s negligence as long as the employee’s actions were committed within the scope of his or her employment.
Compensation in a Wilkes-Barre Hospital Negligence Case
In medical malpractice cases, you may receive three types of damages: economic, non-economic, and punitive. Economic damages are tangible monetary losses that include medical expenses, lost wages, and loss of earning capacity. In cases of wrongful death, economic damages may include funeral and burial costs, as well as compensation for what your loved one would have earned had they survived.
Non-economic damages are intangible losses, like pain and suffering, emotional distress, and post-traumatic stress disorder. In wrongful death cases, the surviving family members may also be awarded compensation for loss of consortium. Loss of consortium is damages paid for the loss of companionship, love, and guidance.
Finally, punitive damages are awarded in rare cases of hospital negligence claims. Punitive damages punish the defendant if their negligence was egregious and deter the healthcare provider from behaving that way in the future.
How a Munley Law Wilkes-Barre Hospital Negligence Attorney Can Help
As you begin your hospital negligence claim journey, it’s important to know that the burden of proof falls upon the injured patient. If you accuse a hospital or medical professional, it’s up to you to prove your claim. You may claim various hospital personnel, like doctors, physician assistants, nursing staff, and other personnel should provide patient care.
While your situation may seem obvious, you must remember that hospitals have powerful insurance companies behind them. They will not easily admit fault. Having an experienced medical malpractice attorney by your side is your best chance at securing the compensation you deserve.
A medical malpractice law firm helps in many ways during your claim. They give legal advice, investigate your case, hire expert witnesses, negotiate with insurers, and go to court if needed. Most importantly, they prove the four elements of negligence. These elements must be proven for you to win your claim. Here’s the strategy your medical malpractice lawyer will take:
- Duty of care: A doctor-patient relationship is a contract. Your lawyer will establish that the negligent medical provider owed you a duty of reasonable care. Providing appointment details, medical records, and hospital notes will help establish this.
- Breach of duty: The next step is to prove the medical provider breached their duty by acting negligently. In personal injury law, anything that falls below the expected and applicable standard of care is considered negligence.
- Causation: The next element of negligence is causation. A medical malpractice attorney must prove that the healthcare professional’s negligence directly caused your injury or worsened illness.
- Damages: Finally, your hospital negligence lawyer will prove that you suffered economic and non-economic damages due to the substandard care you received.
Schedule a Free Consultation with a Wilkes-Barre Hospital Negligence Lawyer
At Munley Law, our personal injury attorneys offer a free consultation to new clients. During your confidential consultation, you will speak with an experienced medical malpractice lawyer who will walk you through the steps of the claims process. We have the resources and the financial backing to take on large hospitals and their insurance companies. You can rest assured your lawyer will be with you until the very end, even if your case goes to a jury trial.
Our hospital negligence attorneys work on a contingency fee basis. That means you don’t pay a dime upfront. You only owe your attorney a fee if he wins your case. Call today to set up your no-obligation consultation and get your claim started.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
