Here's a stunning thought. Studies at John Hopkins suggest that medical malpractice is the third leading cause of death in the United States. As a result, only heart disease and cancer top malpractice. Indeed, some 250,000 deaths reportedly happen each year stemming from medical errors. So that's why it pays to have a good medical malpractice lawyer in the event of such a tragedy.
It wouldn't be surprising to learn that medical malpractice lawsuits are rampant with those many deaths. But that's hardly the case. Interestingly, the actual percentage of malpractice payouts is only around 5%. The National Center for State Courts has confirmed that percentage. Ultimately, some 85,000 suits get filed annually.
What constitutes medical malpractice?
Medical malpractice occurs when a hospital, doctor, or healthcare professional causes an injury to a patient through medical negligence or omission. In addition, negligence may stem from diagnostic errors, treatment, aftercare, or health management. The medical malpractice lawyers at our personal injury law firm can help determine if there are grounds for a malpractice lawsuit.
Five significant reasons for medical negligence claims:
- Failure to diagnose a patient's medical condition
- Patient injury during treatment resulting in disability or death
- Failure to treat a patient's condition
- Poor documentation
- Medication errors
How do I prove medical malpractice?
With the advisement of a medical malpractice lawyer, you'll go through a discovery process to make sure these factors are in place:
- There was a doctor-patient relationship
- The doctor was negligent in some way
- That negligence caused the injury
- The injury caused harm in the form of pain, mental stress, costs, or lost wages
With Pennsylvania law, you must file a claim within two years. That timeframe relates to the time you know the malpractice caused your injury. So effectively, that means you might only understand the malpractice caused by your injury several years after the occurrence. For that reason, Pennsylvania also mandates that you can't file any medical malpractice lawsuit after seven years following the date you identified the injury.
Another feature of Pennsylvania laws relating to medical malpractice, unlike many other states, is that there is no cap on the amount of awarded damages, either economic or non-economic. Consequently, make sure you talk with a medical malpractice lawyer a local personal injury law firm that understands PA laws.
A large majority of medical malpractice issues go unclaimed. Don't be scared off. If a physician's actions have harmed you, you should review your options with a medical malpractice lawyer. Our attorneys will give you an honest assessment and advise whether you have appropriate grounds to file a malpractice lawsuit.
Will I have to deal with a lengthy court case?
The reality is that only about half the malpractice lawsuits filed get to trial. Of those that do, only five percent end in a verdict. The vast majority of medical malpractice claims get settled. Most times, the hospital and doctor want to avoid potentially higher costs if a jury rules against them, and plaintiffs often prefer just to get paid quickly and avoid court altogether.
If you think you've been a victim of medical malpractice, it's worth your time and effort to give us a call and let us help you decide what your options are. We can provide you with sound legal counsel on how to handle your claim. Today, talk with one of our medical malpractice lawyers at our personal injury law firm in our Doylestown and Norristown.
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.
