Questions Philadelphia Injury Attorneys Often Get Asked about Medical Malpractice
Medical malpractice cases can be complex and controversial. Below, I’ve answered a few of the most common questions I hear from clients and medical mistake victims who come to my offices for legal counsel.
What is medical malpractice? What are some examples of medical malpractice?
When you use the services of a medical professional or medical facility, they have a legal responsibility to provide you with a certain standard of care. If their care does not meet this standard, due to a medical error or medical negligence, the injured patient may file a medical malpractice claim. Medical malpractice takes on a large number of forms. Some of the most common types of medical malpractice include:
- Surgical errors
- Hospital errors
- Hospital infections
- Plastic surgery and cosmetic surgery mistakes
- Medication mistakes and overdoses
- Missed diagnosis and wrong diagnosis
- Birth injuries
- Failure to properly treat a disease or illness
- Emergency room errors
- Wrong site surgery
- Misread medical tests
- Medical malpractice wrongful death
Who can I sue for medical malpractice?
It’s a misconception that you can only sue a physician for medical malpractice. If you can prove negligence, you can sue any person or entity in the heath care industry that was responsible for your injuries. This could include a doctor, nurse, hospital, physical therapist, or psychologist. In some cases, multiple parties may be sued for the same incident.
How long do I have to file a medical malpractice case in Pennsylvania?
The statute of limitations for filing a Pennsylvania medical malpractice claim is two years from the date of the incident. If you did not discover your injury until after the incident took place, you have two years from the date of your discovery to file a claim. For example, if a foreign object was left behind in your abdominal cavity, you have two years from the date the object was found to file your claim. If you were a minor at the time of your medical error incident and injury, you have two years from the date of your 18th birthday to file a claim.
Are all poor medical outcomes the result of PA medical malpractice?
Not at all. As your medical professionals should explain before providing you with care, not all medical treatments work successfully and many medical procedures come with risks. It is a vital part of a medical malpractice attorney’s job to determine what the cause of your poor medical outcome was. If it was linked with negligence or a lack of reasonable care, you could have a medical malpractice lawsuit.
What types of compensation can I recover after a medical error?
If you were harmed by a medical error or medical negligence, the at-fault party is responsible for all related damages and losses, both economic and non-economic. This means that you are entitled to receive compensation for medical expenses, lost wages, long-term disability, future medical care, pain and suffering, mental anguish, and loss of quality of life. In some cases, such as when a medical provider acted with malicious intent, you may be able to receive punitive damages.
Why should I choose a Philadelphia medical malpractice attorney if I don’t live in the city?
Although my offices are located in Philadelphia, I serve clients across Pennsylvania, including injury victims from small towns and rural areas. These clients choose my services because I have extensive experience with medical malpractice cases and fighting powerful hospital and physician insurance companies. Even if you do not live in the vicinity of the city, our legal team can work with you both both over the phone, and in all cases, we will be able to come to you, whether to your home or to the hospital.
Request a Free Consultation with Jeffrey H. Penneys, Esq. Today
Do you have a question about medical malpractice lawsuits in Pennsylvania that was not answered on this page? I offer the victims of medical malpractice and their families private, no-obligation case reviews and consultations. To request yours, please call 1-215-771-0430 (Cell) or 1-800-InjuryLaw (1-800-465-8795) or fill out our online contact form and we will be in touch within 24 hours.