What Is The Likelihood Of Winning A Medical Malpractice Lawsuit In Pennsylvania?
In the state of Pennsylvania, if you have suffered injuries at the hands of a negligent medical provider, you may pursue a medical malpractice case to recover damages and compensation.
Medical malpractice suits involve proving that a medical provider was negligent in providing care and that this negligence caused you to suffer injuries. To prove a medical malpractice claim in Pennsylvania, your attorney will need to prove a duty of care, a breach of this duty, a direct link between the negligence and your harm, and that you incurred damages.
Medical malpractice cases can be complex, and success often depends on strong evidence supporting your claim. It is also important to note that Pennsylvania has a "certificate of merit" requirement. You must have a qualified medical expert review your case and provide an opinion that there is a reasonable probability that medical negligence occurred.
Peter Angelos Law - Medical Malpractice Attorneys You Can Trust!
With the extortionate cost of medical care in Pennsylvania, patients should not have to worry about the competency of medical providers. You should be able to present them with your symptoms and receive timely medical attention that is in line with standard medical practices.
When a medical provider's behavior is grossly substandard from that of a reasonable healthcare provider and patients are harmed as a result, this is medical malpractice.
Here at Peter Angelos Law, we can assign an experienced Pennsylvania medical malpractice attorney to your case. On your behalf, they will investigate what happened, build a strong case backed with evidence and expert testimonials, and try to negotiate a settlement with the other party. We have over 50 years of experience handling medical malpractice lawsuits and we have a long history of victories.
Do not delay in contacting a member of our team. We work on a contingency fee basis to provide the opportunity for all victims to pursue their cases. There are no upfront costs when you get our representation and if we cannot win your case, we do not receive payment. This means you can pursue compensation in confidence, without fear.
Call our law firm today at 410-705-2405.
Important Factors That Will Influence Your Case
Every medical malpractice case is unique, and your chances of success rely on several factors. These factors include:
Strength of Your Evidence
The evidence that you can provide and the evidence that your medical malpractice attorney can uncover will play a massive role in your case. The stronger the evidence, the easier it will be to assign liability.
Your attorney must establish a clear link between the actions or inactions of your medical provider and your injuries. The more evidence they have proving this link, the better. Proving causation will often rely upon seeking testimonials from a medical expert.
Standards of Practice
All medical providers are taught to follow standard medical practices. Any deviation from these standards of practice that is not reasonable could amount to negligence. If your medical provider's actions were grossly substandard from how a reasonable, competent medical provider would have acted, it may amount to medical negligence.
Expert testimonial is often key in winning a case. Finding an attorney that has access to a credible panel of medical experts can increase the strength of your case by a fair margin.
The skill and experience that your attorney has are very important factors in medical malpractice cases. Medical malpractice attorneys in Pennsylvania with a long history of successful cases and a proven track record will be better equipped to win a case, and they will have previous cases to draw upon.
An attorney that is known for their litigation skills can also help influence the outcome of your case, as the other party may prefer to settle instead of fighting a case against your attorney.
The success rate of medical malpractice cases varies depending on the case's specific circumstances, including the injury's severity, the strength of the evidence, and the experience and skill of the attorney representing the plaintiff. It is important to consult with a qualified medical malpractice attorney to discuss the specifics of your case and assess your chances of success.
Who Can You Sue in a Medical Malpractice Suit in Pennsylvania?
For a valid medical malpractice claim, there must be specific medical providers responsible for your harm. The provider you initiate a claim against will depend on the facts of your case. However, some common parties involved in medical malpractice cases include:
- Aids or assistants.
- Healthcare companies.
- Nursing homes.
- Other medical providers.
Common Pennsylvania Medical Malpractice Lawsuit Types
Pregnant women and their unborn babies are particularly vulnerable. During the pregnancy, medical providers should carry out adequate monitoring. This should detect any signs of fetal distress and detect early signs of birth defects.
During the birth itself, your medical providers should take every care to protect the newborn baby from a birth injury. Common injuries occur from the incorrect use of a vacuum during birth or failing to convert the woman for a C-section in a timely manner.
Failed and Delayed Diagnosis
A failure or a delay in diagnosing a patient when presented with symptoms can lead to a wide range of problems. One problem may be that they get discharged without receiving the right treatment. By the time the condition is diagnosed, it could be too late to administer the right treatment.
A misdiagnosis occurs when a medical provider diagnoses a patient with the wrong condition. This can lead to them being administered the wrong medication or sent for the wrong procedure, worsening their injuries.
Emergency Room Errors
When attending the emergency room for a serious injury, the employees on call should be able to analyze the oncoming flow of patients and prioritize the ones that need seeing. If you have been left for a long period of time and your injuries have worsened, it is likely they have made prioritization errors.
Surgical errors refer to mistakes made by medical providers during surgical procedures that cause harm to the patient. These errors can occur because of communication breakdowns, technical malfunctions, and human error. An example of a surgical error includes leaving surgical instruments inside the patient's body.
Medical malpractice claims involving the wrongful death of the patient are the most serious form of medical malpractice suits.
In these cases, if it can be proven that malpractice occurred, the loved ones and the family of the deceased may bring a wrongful death lawsuit. An estate representative can bring a wrongful death lawsuit, which may be a personal representative appointed by the court or a named representative in the decedent's Will.
Prescription Drug Errors
Any medical provider that is prescribing prescription drugs should check a patient's medical records beforehand to make sure there are no allergies or known interactions with current medication.
Anesthesia errors can be medical malpractice if they are caused by a medical provider's negligence or failure to follow the strict medical practices associated with anesthesia. This is because anesthesia is a medical procedure that requires precise monitoring and accurate dosing to ensure patient safety.
Errors can occur at any stage of the procedure, including administering the wrong medication, incorrect dosage, failure to properly monitor the patient, or delayed or improper response to complications.
Maintaining a patient's medical records is critical for medical providers, as it allows them to make informed decisions about a patient's care. Medical record errors can be extremely serious and may include misdiagnoses, medication errors, incorrect lab results, or failure to update a patient's medical history.
Errors like this can lead to the wrong treatment being given, leaving the victim suffering injuries or their condition worsening.
Statute of Limitations for a Medical Malpractice Claim in Pennsylvania
Each state's statute of limitations dictates the period of time that you have to make a claim before you become time-barred. In Pennsylvania, Plaintiffs have:
- Three years from the date the malpractice injury or error occurred.
- If you do not discover the injury until later, you may have more time, but your time to bring a claim will never exceed five years from when the injury occurred or three years from when the injury was discovered.
What Damages Can I Recover in Pennsylvania?
In a successful medical malpractice case, you can recover some or all of the damages you have suffered as a result of the incident. These include your economic damages, such as your medical expenses and lost income, and your non-economic damages, such as your pain and suffering damages.
An experienced Pennsylvania medical malpractice lawyer can help you calculate what your damages are worth so they can pursue a fair settlement.
You should not be left responsible for your medical expenses when medical malpractice has occurred, and your attorney will likely seek to recover all your past and future costs. This may include drafting in a medical expert who can help them gauge what the cost of your future medical treatment will be, so they can fight for a settlement amount that covers this.
If you have had to take time off work in order to receive treatment following medical malpractice, you should not be left out of pocket for your lost income. Your attorney will look at your wage slips and will calculate what your lost wages have cost you.
They will also look to the future and if you cannot return to work in the same capacity ever again, they may need to discuss what this lost earning capacity is worth with a financial expert.
Pain & Suffering
Your pain and suffering damages should compensate you for the physical pain and emotional trauma the medical malpractice has caused you. These damages are subjective, meaning your attorney will be responsible for deciding what they believe them to be worth.
Your pain and suffering damages are usually the most substantial damages and should include any loss of enjoyment of life, which compensates a victim for changes to their lives. If you can no longer ride a bike or go hiking because of your injuries, you deserve to be compensated for this.
How to Choose The Best Medical Malpractice Lawyer For Your Case
For the best possible chance of fighting and winning your case, you need to find an attorney with as much experience as possible, one that has a track record for winning cases just like yours.
Many victims of malpractice have no experience in hiring an attorney for their case and this may make it a scary prospect. We recommend you begin by arranging a free consultation with potential attorneys. During the initial consultation and free case evaluation, here are some things to ask about and look for:
- Legal expertise - Finding an attorney that has a comprehensive knowledge of the laws and regulations in place in Pennsylvania is crucial.
- Medical expertise - It is unlikely that any attorney you speak to will have medical training, but those with years of experience in previous cases will have a firm knowledge of the medical field. If their knowledge is not sufficient, they will have access to medical experts to advise them.
- Experience - Finally, you should always make sure your attorney has a lot of experience in handling cases similar to yours. Ask them for their previous wins and check them out on independent sites like AVVO.
What Is The Likelihood of Winning a Medical Malpractice Lawsuit in Pennsylvania? - FAQ
How much will it cost me to pursue a medical malpractice claim?
We are proud of our reputation for helping victims of medical malpractice, no matter what their situation. Therefore, we work on a no-win-no-fee basis. You do not have to pay upfront for our reputation. We fight your case and only take our fees from the compensation we win you. If we cannot win you a settlement, we do not charge, so you will never be left out of pocket.
Do all medical negligence cases go to trial?
In Pennsylvania, around 70% of cases will settle outside of the courtroom, meaning there is a strong chance your case will settle. However, 30% of cases make it to trial. So it is crucial that you get representation from an attorney that is just as skilled in negotiation as they are in litigation.
Here at Peter Angelos Law, we are prepared to go the distance, and every one of our attorneys is a fierce trial-tested attorney, ready to face down even the largest insurance companies on behalf of our clients.
Contact a Pennsylvania Medical Malpractice Lawyer at Peter Angelos Law Today!
The team at Peter Angelos Law has extensive experience in fighting medical malpractice claims, which uniquely positions us to assist victims. Given the complexity of medical malpractice lawsuits, we understand the need for a careful and dedicated approach and we are ready to provide the advocacy and legal counsel required.
We recognize the emotional distress and trauma that you may experience and are prepared to fight your case to the fullest extent possible. If your injury could have been prevented, we appreciate the anger and frustration you may feel, and we are here to assist you in holding those responsible accountable for their actions.
Our services include a free consultation to discuss your options. Contact us today at 410-705-2405 to learn more about how we can support you.