Malpractice is More Common Than You Think
Medical malpractice is more prevalent than many people realize. Studies from John Hopkins suggest that medical errors are among the leading causes of death in the United States, with an estimated 250,000 deaths each year. Additional research has found that medical errors may affect as many as 1 in 20 patients. That's why it pays to have an experienced malpractice lawyer near you in the event of malpractice concerns.
Despite these numbers, relatively few cases result in legal action. Only a small percentage of incidents lead to malpractice claims or payouts, meaning many individuals never pursue the compensation they may be entitled to receive.
If you believe you or a loved one has been affected by medical negligence, our personal injury attorneys serving Bucks, Delaware, and Montgomery Counties can help you understand your options and determine whether you have a valid claim.
Talk with a Malpractice Lawyer to See If You Have Grounds
Medical malpractice occurs when a hospital, doctor, or other healthcare professional causes a patient injury through medical negligence or omission. In addition, negligence may stem from diagnostic errors, treatment, aftercare, or health management. The medical malpractice lawyers at our injury law firm can help determine if there are grounds for a malpractice lawsuit. Common grounds for medical malpractice claims include:
- Failure to diagnose a patient's medical condition
- Improper or failed treatment
- Prescription drug errors
- Surgical or procedural error
- Childbirth injuries
- Patient injury during treatment resulting in disability or death
- Failure to warn a patient of known risks
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking the appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms
How Can My Malpractice Lawyer Prove Medical Malpractice?
With the advice of a malpractice lawyer, you'll go through a discovery process to make sure these factors are in place:
1. Doctor-patient relationship
You must prove that you hired the doctor and the doctor agreed to the hiring, thereby creating a doctor-patient relationship. Issues arise proving malpractice if a physician did not treat you directly.
2. Negligence
To file a lawsuit, you and your malpractice lawyer must prove the doctor harmed you in a way a competent doctor wouldn't have. Reasonably skillful and careful care becomes the critical determinant. Most states require that you present a medical expert to present how your physician deviated from the medical standard of care.
3. The Negligence Caused Your Injury
You must show that the doctor's incompetence more likely than not caused your injury. Again, a medical expert must support that conclusion.
4. Specific Damages Occurred
Even if a physician falls short of medical standards of care, you must present harm in the form of pain, enduring hardship, disability, mental stress, additional medical bills, lost work, or lost earning capacity.
Medical Malpractice Claims in Pennsylvania
Pennsylvania law includes a statute of limitations for malpractice claims, requiring that claims be filed within 2 years. So if you believe you have a personal injury claim, it's best to enlist a malpractice lawyer as soon as possible.
Pennsylvania's deadline for filing a medical malpractice claim is 2 years after the date the defendant committed the medically negligent act that injured the patient. However, an exception applies to people who fail to discover, and are reasonably incapable of discovering, their injury until a later date.
In that situation, the statute of limitations applies to the date of discovery of the injury or the date the negligence should reasonably have been discovered. And that leads to another statute called the statute of repose.
Under this statute, you cannot file a medical malpractice lawsuit more than seven years from the date of the medically negligent action. Again, an exception applies if a physician leaves a foreign object inside a person’s body, which is later discovered.
Another feature of Pennsylvania law relating to medical malpractice, unlike many other states, is that there is no cap on the amount of damages awarded, whether economic or non-economic. Consequently, make sure you talk with a malpractice lawyer or a local personal injury law firm that understands PA law.
A majority of malpractice issues go unclaimed. Don't be scared off. If a physician's actions have harmed you, you should review your options with a malpractice lawyer. Our attorneys will give you an honest assessment and advise whether you have appropriate grounds to file a malpractice lawsuit.
Typical Damages for a Malpractice Claim
Let's start with the fact that only about half the malpractice lawsuits get to trial. Of those that do, only five percent end in a verdict. Instead, the vast majority of medical malpractice claims get settled. Most of the time, the hospital and doctor want to avoid potentially higher costs if a jury rules against them, and plaintiffs often prefer to get paid quickly and avoid court altogether.
If a case goes to trial, you may be awarded compensatory and punitive damages.
Compensatory damages include economic damages, such as lost earning capacity, life care expenses, and medical expenses. Usually, past and future losses are assessed. They may also include non-economic damages relating to the injury itself, including psychological and physical harm, for example, losing vision or legs, extreme pain, and emotional distress.
Punitive damages are only awarded if the defendant is found guilty of malicious or willful misconduct. Punitive damages are a form of punishment and include compensation in addition to actual damages.
Talk to a Malpractice Lawyer at our Personal Injury Law Firm
If you think you've been a victim of medical malpractice, it's worth your time and effort to call us so we can help you determine your options. In addition, we can provide you with sound legal counsel on handling your personal injury claim. Today, talk with one of the malpractice lawyers near you at our injury law firm in Doylestown and Norristown, PA.
Call Rich Sokorai at 610.275.0700 or email info@highswartz.com. We'll take the time to discuss the potential malpractice details with you.
