Delaware County Medical Malpractice Lawyers
Patients trust physicians and other medical professionals and organizations with their well-being, and when that trust is broken, the consequences can be devastating. Pursuing a legal claim in these situations is not a simple task; it requires thorough examination of medical records, expert testimony, and knowledge of Pennsylvania laws.
The Delaware County medical malpractice lawyers at Pressman, Doyle, Bloom, & York assist individuals who have suffered due to medical negligence. Determining whether a case qualifies for legal action involves assessing whether a healthcare provider deviated from the appropriate standard of care. These cases can involve surgical errors, misdiagnoses, medication mistakes, or birth injuries, among other medical issues. Before you consider a claim like this, it is important to understand what medical malpractice is.
What Is Considered Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to act within the accepted standard of care, resulting in harm. Not all negative medical outcomes qualify as malpractice, though. The law requires proof that a medical professional acted negligently and that this negligence directly led to harm. Common categories of medical malpractice include improper surgical procedures, failure to diagnose a condition, incorrect medication prescriptions, and inadequate post-operative care.
To establish malpractice, a claimant must demonstrate that a provider-patient relationship existed, the provider acted negligently, and this negligence caused harm. Courts often require testimony from medical professionals to explain how a provider deviated from expected standards; other evidence is generally needed to build a compelling case.
How Long Do I Have to File a Medical Malpractice Lawsuit in Pennsylvania?
Pennsylvania law imposes a statute of limitations on medical malpractice claims. Generally, a claim must be filed within two years from the date the injury occurs or reasonably should have been discovered. However, there are exceptions for cases involving minors, in which the filing deadline extends until the child’s 20th birthday.
What Damages Can Be Recovered in a Medical Malpractice Case?
A successful medical malpractice claim may result in compensation for ‘economic’ and ‘non-economic’ damages. Economic damages include medical expenses, prescription costs, lost income, rehabilitation costs, and any other financial losses directly related to the harm. Non-economic damages involve compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Pennsylvania does not impose a cap on compensatory damages in medical malpractice cases, but ‘punitive’ damages are subject to limitations. Punitive damages, which are awarded in cases involving egregious misconduct, are limited to twice the amount of compensatory damages. For example, if you were awarded $50,000 in compensatory damages, the limit for punitive damages would be $100,000.
Who Can Be Held Liable for Medical Malpractice?
Multiple parties can be held accountable in a medical malpractice case. Liability is not limited to doctors but may extend to nurses, anesthesiologists, pharmacists, and hospital administrators. Healthcare facilities may also be responsible if institutional negligence contributed to the harm.
For instance, a hospital may be liable for inadequate staff training, improper sanitation procedures, or failure to maintain medical equipment. A pharmacy could be accountable for dispensing the wrong medication. Determining liability requires evaluating medical records, hospital policies, and professional conduct.
Every case is different, and our Delaware County medical malpractice lawyers pursue every potential angle to get fair compensation for clients.
How Is Medical Malpractice Proven in Court?
Proving medical malpractice requires demonstrating that a healthcare provider’s actions deviated from accepted standards. This process involves presenting medical records, expert testimony, and legal arguments. Pennsylvania law requires a certificate of merit, which confirms that a qualified medical professional has reviewed the case and found it has merit.
A claimant must establish four elements:
- A provider-patient relationship existed.
- The provider acted negligently.
- This negligence directly caused harm.
- Measurable damages resulted from that harm.
Our Delaware County medical malpractice lawyers work and partner with experienced witnesses like medical professionals. We work to clarify whether a provider failed to act as a reasonably competent professional would have under similar circumstances.
Can a Medical Malpractice Case Be Resolved Without Going to Trial?
Not all medical malpractice cases proceed to trial, since many are resolved through settlement negotiations before reaching a courtroom. Settlements occur when the parties involved agree on compensation without requiring a judge or jury to decide the outcome. This process can save time and legal expenses while allowing both sides to avoid the uncertainties of trial proceedings.
During settlement discussions, lawyers present evidence supporting the claim, including medical records and testimony from professionals. The healthcare provider’s insurance company may offer a settlement to avoid prolonged litigation. If a fair agreement is reached, the claimant receives compensation without the need for a court case. However, if negotiations do not result in an acceptable offer, pursuing a trial may be necessary.
The decision to accept a settlement or proceed with litigation depends on various factors, including the strength of the evidence and the willingness of the responsible party to offer adequate compensation. Our Delaware County medical malpractice lawyers can assess whether your settlement offer reflects the damages suffered and advise on whether further legal action is warranted.
Why Is Legal Representation Important in a Medical Malpractice Case?
Medical malpractice cases involve both legal and certain kinds of medical knowledge. A legal team must gather medical records, consult with professionals, and present a compelling argument in court. Insurance companies often defend medical professionals vigorously, making legal representation an important factor in pursuing compensation.
Most importantly, skilled legal representation increases the likelihood of a well-prepared case. The Delaware County medical malpractice lawyers at Pressman, Doyle, Bloom, & York have experience handling these cases and evaluating medical evidence. We can determine if a claim is viable, gather testimony from professionals, and negotiate settlements with insurance companies.
Schedule a Free Consultation with the Delaware County Medical Malpractice Lawyers at Pressman, Doyle, Bloom, & York Today for Help with Your Case
If you or a loved one suffered because of medical negligence, contact the Delaware County medical malpractice lawyers at Pressman, Doyle, Bloom, & York. We can assess whether you have grounds for a claim and what steps to take next. For a free consultation, call our Milmont Park, Pennsylvania, and Cherry Hill, New Jersey, offices at 856-843-8990 and 610-532-4222 or submit our online form. We proudly serve clients in New Jersey and Pennsylvania.