Pennsylvania Medical Malpractice Lawyers

Authoritative Management Of Complex Medical Malpractice Cases

We trust doctors and health care professionals to properly diagnose and treat our illnesses and injuries. We rely on them to ensure the health and safety of our families. Sometimes health care providers and hospitals fail to do their jobs properly, leaving patients seriously hurt or ill, or worse. And in most cases, they will deny that any wrongdoing occurred.

If you or a loved one was injured because of medical negligence, you should consult a knowledgeable Pennsylvania medical malpractice attorney. With proper legal representation, you may be able to obtain compensation for your losses, damages, and pain and suffering.

Protecting The Rights Of Patients And Their Families When Medical Negligence Has Occurred

At Bellwoar Kelly, LLP, our Pennsylvania medical malpractice attorneys serve individuals and families who have been affected by medical malpractice. We can make sure you have expert resources and strong legal representation if your case involves:

• A birth injury
• Hospital negligence that caused harm to you or a loved one
• Surgical errors that never should have occurred
• A medication error related to the wrong medication or the wrong dose of the right medication
• Emergency room negligence
• Drug rehabilitation malpractice

Every case is different. Don’t make the mistake of trying to “diagnose” your own case. Talk to an attorney who can help.

Medical Malpractice Takes Many Forms

The examples above demonstrate the idea that medical malpractice can occur in nearly every medical setting or discipline. Here’s a closer look at the most common categories of med mal claims:

Misdiagnosis or delayed diagnosis: This happens when a doctor gets your diagnosis wrong or takes too long to identify your condition. For instance, if you’re told you have a minor illness but actually have cancer, it can delay critical treatment.

Surgical errors: Performing surgery on the wrong body part, leaving tools inside the patient and other preventable errors in the operating room. Such mistakes may seem unheard of, but they are more common than many people realize.

Medication errors: This refers to prescribing or giving the wrong medication or dosage. For example, you might receive a drug that triggers an allergic reaction because your doctor overlooked your medical history. Your doctor may also prescribe two different drugs that can be dangerous when taken together.

Birth injuries: This involves harm to a baby or mother during delivery due to negligence, including waiting too long to initiate a C-section or the incorrect use of delivery instruments.

Anesthesia errors: Mistakes with anesthesia can occur before, during or after a procedure. For instance, administering too much anesthesia can cause severe complications or even death.

Failure to treat: This is when a doctor diagnoses your condition correctly but does not provide the necessary treatment. An example is not giving you a required medication or not recommending essential surgery.

Inadequate follow-up or aftercare: This happens when you don’t receive proper care or instructions after a medical procedure (like not arranging follow-up appointments or monitoring your recovery), leading to complications.

Infections acquired in the hospital: Sanitation and sterilization procedures in hospitals can be surprisingly lax. Serious or life-threatening infections often result from unclean conditions or poor care.

Failure to obtain informed consent: When a medical provider fails to fully explain the risks of a procedure before asking you to agree to it. Many patients who suffered serious harm would have made a different choice about their care if their providers had honestly disclosed the risks.

In many cases, injured patients don’t know exactly what went wrong or who may have been at fault. The reassuring news is that you don’t need to do your own investigation. Instead, consult our attorneys for a free consultation. They can examine the details of your case, find answers and help you seek justice.

Understanding Medical Malpractice In Pennsylvania

Medical malpractice occurs when a doctor, nurse or other health care professional fails to meet the accepted standard of care, causing injury or death to a patient. Not every medical mistake qualifies as malpractice.

There must be a deviation from what a competent provider would have done under similar circumstances. Examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication errors
• Birth injuries
• Anesthesia errors
• Failure to obtain informed consent

Pennsylvania has strict medical malpractice laws. Victims of medical malpractice have two years from the date of injury (or discovery of injury) to file a claim. However, minors have until their 20th birthday to file.

While Pennsylvania does not cap compensatory damages, punitive damages are limited to two times the amount of compensatory damages and are only awarded in cases of extreme negligence. However, if the victim is found partially at fault, their compensation may be reduced based on their level of responsibility.

The Role Of A Medical Malpractice Attorney

A skilled attorney can be crucial in building a strong case. They can:

• Investigate the case and gather crucial evidence
• Consult medical experts to establish negligence
• Negotiate with insurance companies for fair compensation
• Represent you in court if necessary

Without legal representation, you risk receiving insufficient settlements or having your case dismissed due to procedural errors.

Proving Medical Malpractice

The plaintiff must prove specific legal elements to succeed in a medical malpractice case. They are:

• Duty of care: The health care provider has a legal duty to provide competent medical treatment.
• Breach of duty: The provider failed to meet the accepted standard of care.
• Causation: The breach directly caused the patient’s injury.
• Damages: The patient suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.

To further cement the case, an attorney needs to gather evidence such as:

• Medical records: Essential for demonstrating the provider’s actions and decisions.
• Expert testimony: Medical experts provide opinions on how negligence occurred.
• Witness statements: Testimony from other health care workers or family members can support the case.

Our medical malpractice attorneys can help prove medical malpractice so you can receive compensation to help you recover.

Potential Compensation In Malpractice Cases

Malpractice victims may be entitled to different types of damages:

• Economic damages: Covers tangible financial losses such as medical bills, rehabilitation costs and lost income.
• Noneconomic damages: Includes pain and suffering, emotional distress and loss of enjoyment of life.
• Punitive damages: These are reserved for cases involving reckless or intentional misconduct by a health care provider.

Several factors affect compensation amounts, including:

• The severity of the injury and long-term impact
• Cost of medical treatments and future care
• Loss of earning capacity
• Strength of evidence proving negligence

Our medical malpractice lawyers can help ensure you receive the maximum compensation you deserve.

The Legal Process For Medical Malpractice Claims

Filing a medical malpractice claim involves multiple steps and strict legal procedures, including:

• Initial consultation with an attorney to assess the viability of the case.
• Gathering medical records, expert opinions and witness statements.
• Filing a certificate of merit affirming that malpractice occurred.
• Pretrial negotiations with the defendant’s insurance company.
• If negotiations fail, a lawsuit is filed in Pennsylvania’s civil court.

Many cases are settled before trial. However, if a fair offer is not made, the case goes to court.

The statute of limitations in Pennsylvania is two years from the date of injury or discovery of harm. However, minor victims have until age 20 to file a claim. For wrongful death, claims must be filed within two years of the victim’s death.

If conflicted about settlement and trial, settlement is faster and less costly but may result in lower compensation. On the other hand, a trial may yield higher damages but is lengthy and unpredictable.

Choosing The Right Medical Malpractice Attorney

Key qualifications and experience to look for:

• Experience handling Pennsylvania medical malpractice cases
• Strong track record of settlements and trial victories
• Access to top medical experts for testimony
• Knowledge of Pennsylvania’s malpractice laws and procedures

During an initial consultation, ask the following questions:

• How many malpractice cases have you handled?
• What percentage of your cases go to trial?
• Do you work on a contingency fee basis?
• What is the estimated timeline for my case?

Medical malpractice cases are complex, but we can help you fight for the compensation you deserve.

Get Your Questions Answered | Contact Us For A Free Case Evaluation

Do you have questions about hospital or doctor negligence? Seeking the assistance of an experienced Pennsylvania medical malpractice lawyer? Our Pennsylvania medical malpractice lawyers are committed to obtaining the best results for our clients. Whether you’re in Chester County, Montgomery County or Delaware County in Pennsylvania, our medical malpractice lawyers are here to offer you legal representation and support. Contact us online or call 610-314-7066 to schedule a free consultation.