Pennsylvania Medical Malpractice Lawyers
Our attorneys handle cases involving medical negligence on a no-win, no-fee basis – so yes, you can afford a PA medical malpractice lawyer.
As patients, we put an enormous amount of trust in our doctors. Our health and even our lives are in their hands – literally, in some instances. When medical providers make a grave mistake, you have every right to hold them accountable for the damage they have caused. You have the right to answers, justice, and the compensation you need to afford the best medical care.
Medical errors in the USA are far too common. Hundreds of thousands of American patients die at the hands of their doctors each year. Even more suffer serious, but not fatal, injuries.
Don’t allow a careless physician to get away with turning your family’s life upside down like this. Hire a PA medical malpractice attorney to fight for you.
Your legal rights won’t last forever. Call (215) 225-2040 now to get your case started – before it’s too late.
What Is Medical Malpractice?
What exactly does it mean for a health care professional to practice medicine badly?
Many patients believe that a negative outcome is malpractice, but that’s not always true. Even a clear medical mistake might not rise to the level of malpractice.
To lawyers who practice this branch of law, the medical malpractice definition is medical care that deviates from the standard of care.
Medical Negligence and the Standard of Care
Unless you work in the legal or health care industry, standard of care might be an unfamiliar concept.
Your doctor is only one of the individuals that make up the medical community. As a group, this community of medical professionals decides what medical care is appropriate for different situations.
What tests should a patient undergo if he or she has certain symptoms or risk factors? What treatment methods are effective for a given medical condition?
The medical community as a whole reaches this consensus. The guidelines that the medical community agrees upon become the standard of care. Individual doctors’ actions are measured against this standard.
Responsible physicians adhere to this standard of care. They understand which tests or treatments are appropriate for your risk factors or symptoms. Your doctor may prefer one type of test, medication, or procedure over another. However, he or she should always use the standard of care as a guide when making decisions about your care.
You might hear terms such as medical malpractice and medical negligence. What’s the difference?
Medical malpractice is negligence. Your doctor negligently failed to adhere to the standard of care. He or she made decisions about your health care that were irresponsible instead of following the guidelines of the larger medical community.
Medical Malpractice Elements
Negligence – the deviation from the standard of care – is only one of the crucial elements needed to pursue a PA medical malpractice claim.
For your case to succeed, you also need to have medical malpractice damages.
Damages refers to the harms or losses that you have suffered. Your damages are one of the most important medical negligence elements. They determine not just how much your Pennsylvania malpractice case is worth, but also if you have a case at all.
You see, Pennsylvania medical malpractice law only allows patients to sue their doctors in specific cases. You can sue for the injuries you sustained. But you cannot sue for the harm that could have happened.
Unfortunately, this means that sometimes a doctor strays from the standard of care but still can’t be sued. A medical mistake can be so serious that the patient could have died – but if that patient survives and recovers, he or she may have no legal recourse.
To have the grounds for a successful PA medical malpractice lawsuit, you must have severe injuries and be able to prove that those injuries resulted from your doctor’s mistake. This isn’t a burden you can handle on your own.
Even attorneys consider Pennsylvania medical malpractice lawsuits one of the most challenging types of cases. They’re difficult and costly to pursue. That’s why you need help from an experienced PA attorney for medical malpractice, like MyInjuryAttorney.
Medical Malpractice Types
Over our 20+ years of practice, our PA malpractice attorneys have seen a variety of medical negligence types. Some medical malpractice examples include:
- Misdiagnosis, missed diagnosis, or failure to diagnose. The longer your medical condition goes undiagnosed, the more severe harm it can do. Our Pennsylvania malpractice lawyers have encountered victims of medical negligence who suffered many different kinds of misdiagnoses. We’re familiar with stroke misdiagnosis, heart attack misdiagnosis, and cancer misdiagnosis
- Hospital mistakes. You would expect hospitals to be the medical facilities best equipped to provide top-notch care. However, injuries that result from hospital negligence are common. Some of the most common cases our PA malpractice lawyers come across include emergency room mistakes, birth injuries, surgical mistakes, and severe infections such as MRSA.
- Prescription medication mistakes. The medicines you take can cause serious damage. Our Pennsylvania medical malpractice attorneys have handled cases involving doctors over-prescribing powerful painkillers. We’re also familiar with cases in which a physician, nurse, or other medical professional caused harm by incorrectly administering medications.
- Miscellaneous medical errors. Just because the type of medical error that hurt you doesn’t fit neatly into one of these categories doesn’t mean that you don’t have a claim. Medical errors take all kinds of forms, from doctors choosing an inappropriate and ineffective treatment to health care workers mishandling medical equipment. A Pennsylvania medical malpractice law firm like MyInjuryAttorney can help you understand your legal rights.
As these different medical negligence examples show, whether you have a case depends on the specific facts of your unique situation. If you believe that you’re entitled to medical negligence compensation, you need to speak with a Pennsylvania medical malpractice lawyer right away.
Understanding Medical Malpractice Law
Medical malpractice claims can be very complex. To make your case a success, you need a Pennsylvania malpractice lawyer who understands medicine, health care protocols, and PA malpractice law on your side.
The Medical Malpractice Burden of Proof
In a Pennsylvania medical malpractice case, your medical records serve as evidence. They report on the care you received.
A medical malpractice expert witness – a doctor – can review these records. Medical experts draw on their expertise to decide if your medical providers’ actions strayed from the standard of care in some way.
Medical malpractice experts are essential to the success of a PA medical error lawsuit. However, their services can be costly. Only qualified, licensed doctors can become medical experts.
It can cost thousands of dollars to have a medical expert review your claim. You may need more than one medical expert on your side.
Don’t worry – you don’t have to come up with the money to hire a medical expert yourself. Our Pennsylvania medical negligence lawyers make every one of our clients our No Fee Promise. If you choose us to handle your PA medical malpractice case, we’ll cover every upfront cost of pursuing your claim.
Ready to move forward with your Pennsylvania medical negligence lawsuit? The consultation is free. Just call (215) 225-2040 today.
The Medical Malpractice Statute of Limitations
When you’re seriously hurt, it’s tough to focus on anything other than recovery. Working toward improvement takes up all of your time and energy.
But if you wait until you’re finally feeling better, it could be too late to pursue a claim. There’s a statute of limitations, or a legal deadline that limits your rights, that applies to PA medical negligence law.
In Pennsylvania, victims of medical mistakes have only two years to pursue a claim. When you’re undergoing months of treatments, those two years can pass quickly. By the time you begin looking for a PA medical malpractice attorney, it could be too late.
If you allow the statute of limitations to pass without filing your medical error lawsuit, your legal rights will expire. It doesn’t matter how serious your damages or how many medical experts agree that your doctor was negligent. If you let the statute of limitations pass, you won’t be able to get the medical mistake compensation you deserve.
Medical Malpractice Questions and Answers
Victims of medical errors have so many questions. You may wonder about your injuries, your legal rights, and your future.
Our Pennsylvania medical malpractice attorneys have heard certain questions over and over again during our two decades of legal practice. Here are the answers to the most common questions about medical malpractice. If you have more questions about your case, we’ll be happy to help you understand your legal rights and options.
How Long Do I Have to Pursue a Medical Malpractice Lawsuit?
Did you know that there’s an expiration date on your legal rights? Most victims of medical errors don’t. By the time they find out, precious months – or even years – have already passed. They’re in danger of losing their only chance to get justice.
How long you have to sue for medical malpractice depends on a couple of factors. However, in most cases, the statute of limitations is two years from the date malpractice occurred.
In some cases, this date is easy to determine. You may have undergone a surgery and learned immediately after that it had been botched.
On the other hand, figuring out when the statute of limitations ends in your situation is often a lot more complicated. Perhaps the doctor’s negligent treatment of you continued over many months. What if it took years for your doctor to finally arrive at the right diagnosis? What if you didn’t learn about your surgeon’s mistake until months after the fact?
The Discovery Rule
Under the discovery rule, you have two years from the date you learned that your doctor made a medical error to pursue a claim. That means that you can still get justice even if it took years for the mistake to finally come to light. However, it doesn’t mean that you should wait to take action.
This two-year period begins when you first had reason to suspect medical malpractice. If you should have known the doctor made a mistake but waited to do anything about it, your time could have already run out. As soon as you realize that anyone involved in your medical care may have made an error that caused you harm, you need to bring the matter to a Pennsylvania medical negligence lawyer.
PA Medical Malpractice Laws and Minors
There is one more exception to the statute of limitations for PA medical negligence cases. For minors, the two-year time period doesn’t begin until the child turns 18.
So, if you become the victim of a medical mistake during childhood, you have until your 20th birthday to file a Pennsylvania medical error lawsuit. But that doesn’t mean that you have to wait that long to start taking action, or that you should.
The parents of minors who are harmed by medical mistakes can start pursuing a claim on behalf of their child right away. In fact, they should do so, especially if the child’s injuries require expensive medical care.
Who Can I Sue for Medical Negligence?
ou probably think of Pennsylvania medical malpractice claims as cases against doctors. While that’s generally true, it isn’t always the case.
All medical and health care workers who provide care to patients must act according to the standard of care. Any health care provider who deviates from the standard of care can be held responsible for the harm he or she causes.
You could pursue a claim for medical malpractice against any negligent medical or health care professional, including:
- Family doctors or general practitioners (GPs)
- Specialist doctors
- Nurse practitioners
- Nursing assistants
- Physician assistants
- Home health aides
- Physical therapists
- Occupational therapists
When a Pennsylvania medical lawyer sues a health care worker on your behalf, it’s not the individual who we’re seeking compensation from. Instead, we pursue money damages from medical malpractice insurance companies. The health care provider who harmed you may not have a huge salary or a great deal of personal assets. However, this professional’s medical malpractice insurance coverage can provide the compensation you deserve.
In cases in which the medical provider’s actions were particularly heinous, our PA medical malpractice lawyers have worked to make sure that the provider faced disciplinary action. Our complaints to the Pennsylvania State Board of Medicine have resulted in negligent doctors losing their licenses to practice medicine.
Some instances of medical malpractice involve more than one negligent provider. Our Pennsylvania malpractice lawyers have experience handling complicated claims against multiple providers as well as entire hospitals. We’ll make sure that every health care worker who played a part in your injury faces the consequences.
How Common Are Medical Errors?
Most doctors and health care workers are responsible. They take their obligation to do no harm to patients, and to follow the standard of care, seriously. However, the relatively few physicians who do commit malpractice cause a shocking amount of harm.
Medical malpractice rates in the United States are alarming. Medical malpractice kills more Americans than guns – more than 13 times more, in fact.
More people in the U.S. die from medical mistakes than from strokes, Alzheimer’s disease, diabetes, the flu, pneumonia, and nephritis combined.
Medical errors are the third leading cause of death, the American Association for Justice (AAJ) reported. Only heart disease and cancer (all forms of it) claim more American lives in a single year than medical mistakes do.
In all, 440,000 patients in the U.S. lose their lives to medical errors, according to the AAJ.
Countless more victims suffer serious, but ultimately not fatal, harm at the hands of negligent doctors. These patients have to cope with severe, and often lifelong, disabilities as a result of their medical providers’ failures.
As the medical malpractice statistics show, there’s a massive amount of harm being done to patients every year. Yet relatively few of these victims and their families ever get the medical malpractice settlements or jury verdicts they deserve. Less than two percent of all civil lawsuits are medical malpractice claims, according to the AAJ.
It’s not right that medical malpractice resulting in death or a serious injury should go unpunished. Patients have the right to expect their doctors to act with caution and follow the standard of care. When doctors betray their patients’ trust, the victims of medical malpractice have every right to take action.
Why Do I Need Pennsylvania Medical Malpractice Lawyers to Pursue a Claim?
A medical malpractice suit isn’t something you can handle on your own. These are some of the most challenging claims out there. Even Pennsylvania medical negligence lawyers who have practiced this complex branch of law for decades need to draw on all of their skill and experience to make a medical error claim a success.
The Challenges of Pursuing a Medical Malpractice Claim
There are so many complications that can arise when pursuing a PA medical malpractice lawsuit case.
- Proving negligence. How can you prove that your doctor strayed from the standard of care? By finding another doctor who can attest to the medical provider’s negligence. Locating a qualified medical expert can be challenging – not to mention expensive.
- Proving damages. The fact that your health suffered after your doctor’s medical errors isn’t enough to pursue a claim. You need to prove that your physician’s mistakes are what caused the harm – which again means that you’ll need medical experts on your side.
- Gathering and presenting evidence. It’s up to your Pennsylvania malpractice lawyer to prepare your case. That means collecting all of the evidence that proves your doctors negligence and your damages and presenting that evidence. Your attorney needs to use this evidence to tell the compelling story of what your doctor’s actions have done to your life and why you deserve full compensation.
- Getting compensation. Even if you’re a skilled bargainer, negotiating medical error settlements is very different from haggling. You need to use the evidence in your claim to persuade a medical malpractice insurance company to give you the money you deserve. If the insurer still refuses to settle the claim for the amount you deserve, you may need to fight for your rights in court.
You would need a thorough understanding of PA medical malpractice laws – not to mention the professional connections, financial resources, and a great deal of time and energy – to make a Pennsylvania medical malpractice lawsuit a success. That’s why it’s essential that you have a Pennsylvania medical negligence lawyer fighting for you from the start.
Getting Medical Malpractice Help
If you’re wondering what to do after a medical error, there are two important steps you must take right away.
- See a doctor – one who you feel you can trust. If you’re afraid that your last doctor made a serious medical mistake, you naturally want to choose a different physician this time around. It’s scary to put your health in the hands of another medical professional who, like your previous doctor, could let you down. However, if your injuries are severe, there’s simply no way for you to get better without appropriate medical care.
- Speak to a Pennsylvania medical malpractice lawyer. Due to restrictions like the statute of limitations, you don’t have time to wait around. You need to get a PA medical negligence attorney involved right away. The longer you wait to act, the more harm you could unintentionally be doing to your legal claim.
Where Our Pennsylvania Medical Malpractice Lawyers Practice
The award-winning PA malpractice attorneys at MyInjuryAttorney handle cases throughout southeastern Pennsylvania. In particular, we have experience working in jurisdictions such as Philadelphia, Allentown, Bethlehem, and York, PA.
For more than two decades, our Pennsylvania malpractice attorneys have practiced in PA. So it’s no wonder that we’re familiar with lawsuits against numerous Pennsylvania-area hospitals, including:
- Hospital Of University Of Penn
- Thomas Jefferson Hospital
- Lehigh Valley Hospital
- Albert Einstein Medical Center
- Pottstown Medical Center
Medical Malpractice Payouts
Over the years, our PA malpractice attorneys have won many six- and seven-figure settlements for victims of medical mistakes. Some of our recent successes include:
- $750,000 for the family of a man whose diagnosis of early-stage lung cancer was delayed until the disease had progressed to a terminal point.
- $825,000 for the survivors of a man whose Philadelphia-area doctor over-prescribed a dangerous amount of opioid painkillers, ultimately leading to a fatal overdose.
- $925,000 for the family of a man whose doctor, working out of a local airport, prescribed a toxic amount of opiate drugs.
- $1,140,000 for the survivors of a man who died of an overdose after his doctor negligently prescribed escalating doses of painkillers over nine years.
- $1,500,000 for the parents of a little girl whose home health aide mishandled medical equipment, leaving the girl deprived of oxygen so that she suffered an ultimately fatal anoxic brain injury.
- $1,650,000 for the family of a man who overdosed on opioids that were over-prescribed to him by two different Philadelphia-area doctors.
Many factors go into determining how much a case is worth, including how severe your damages are and how clear the doctor’s negligence is. Our Pennsylvania medical malpractice lawyers can help you figure out the value of your case – and fight for every dollar you deserve.
Medical Malpractice Attorney Fees
If you’re worrying about affording legal help for a Pennsylvania medical malpractice lawsuit – don’t!
Too many victims of medical errors fear that hiring a PA medical malpractice lawyer will be too expensive. In fact, with MyInjuryAttorney’s No Fee Promise, you’ll pay nothing out of pocket to pursue your claim, and nothing at all unless your case is a success.
Our PA malpractice lawyers handle all of our clients’ cases on a contingency basis, or a no-win, no-fee arrangement. This means that the only attorneys’ fees you will ever have to pay are a percentage of what we’re able to get for you.
With our No Fee Promise, there’s no risk to pursuing a claim.
- If our Pennsylvania medical malpractice attorneys don’t get you a settlement or jury award, you owe nothing. However, our lawyers have a 97 percent success rate getting our clients every dollar they deserve. Chances are good that if you have a viable case, we can get you the money you deserve for it.
- When we do succeed in getting you compensation, you pay just a fraction of what we’ve gotten for you. There are no exorbitant hourly rates or extra charges for meeting with or speaking to your lawyer.
- Because we earn only a percentage of what we get for you, you can be sure that our interests are the same as yours. You don’t have to worry that your lawyer doesn’t care about getting you the most money possible. It’s in our best interests, too, to fight for the maximum payout for your claim.
Remember how the need for medical experts makes it costly to pursue a malpractice claim? When you choose our PA medical malpractice lawyers, you don’t have to take on this burden –up to tens of thousands of dollars – yourself. We’ll cover the upfront costs of making your claim a success. If we fail, you never have to pay us back.
Medical Negligence Free Advice
Wouldn’t it make your life easier if you could get advice from a PA medical malpractice lawyer at no charge?
In fact, you can. When you call for a free consultation, our legal professionals will listen to the unique facts of your situation. We’ll help you understand your rights and options.
There’s no cost, no risk, and no obligation. We believe every family that has been hurt by a medical mistake deserves the chance to make educated decisions about what to do next.
If you’re ready to get answers to your medical malpractice questions, we’re ready to help. Call (215) 225-2040 for no-win, no-fee legal help right now.
100 S Broad Street, Suite B
Philadelphia, PA 19103
Phone: (215) 225-2040
3477 Corporate Parkway, Suite 100
Center Valley, PA 18034
Phone: (610) 432-2112