Visiting a doctor or another medical professional should be a comfortable experience. State and professional boards closely regulate the actions of their providers, and strict licensing tests are designed to ensure competence when dealing with patients. Sadly, this is not enough to prevent injuries from occurring.
Even so, not every negative outcome after visiting a medical provider amounts to medical malpractice. State law provides a strict test for determining when an outcome is so bad that it justifies a lawsuit. Consulting with an Allentown medical malpractice lawyer could help you determine whether your experience fall into this category. When it does, a personal injury attorney can take the lead in gathering information about the incident, hire expert witnesses, and demand that the medical providers compensate you for their negligence.
Medical providers all have a duty to provide competent care to their patients. State law sets the standard of care that medical providers must offer; that standard is defined as what the medical community considers acceptable and appropriate interactions with a patient in any given circumstance. This means that a poor outcome is not necessarily malpractice if the provider took reasonable steps to help the patient. An Allentown lawyer could help someone understand this core concept of medical malpractice and if it applies to their situation.
Our attorneys have extensive experience helping clients obtain the compensation they need and deserve when they have been injured at Lehigh Valley Hospital, St. Luke’s Hospital, and other major medical facilities in the Lehigh Valley.
Medical malpractice cases commonly involve negligence-based errors that can lead to worsened health conditions, prolonged recovery, and permanent disabilities These injuries can also cause significant emotional distress, including anxiety, depression, and loss of trust in healthcare providers. Common types of medical malpractice cases that an Allentown attorney could assist with include:
Medical malpractice can result in significant financial burdens for patients and their families. This includes the costs of treatment, ongoing healthcare, lost wages, and potential need for long-term care. Beyond physical injuries, medical malpractice can lead to a diminished quality of life, chronic pain, and loss of enjoyment of life. In severe cases, it can even result in death.
If you believe you have a viable medical malpractice case, the first step is to consult with an experienced Allentown attorney who can assess your best legal options in detail. A lawyer can help with collecting medical records, bills, and other relevant documents to establish the healthcare provider’s negligence and the resulting harm. To succeed in a medical malpractice case, you must prove: a duty of care was owed to the patient, a breach of that duty occurred, the breach caused the injury, and it resulted in damages.
Your attorney will also consult with a qualified medical expert to review the case, determine if the standard of care was breached, and assess whether the breach caused the injury. Assuming there are grounds to proceed with a claim, your attorney may file a formal legal complaint outlining the allegations, the negligent acts, and the damages sought.
In Pennsylvania, a Certificate of Merit must be filed with the complaint or within 60 days of filing the complaint. Once a lawsuit is initiated, the discovery phase allows both sides to gather information through depositions, interrogatories, and requests for documents.
Some cases may be reviewed by a panel of medical experts before proceeding to trial. Most cases are settled out of court, with attorneys from each side negotiating to reach a resolution. If settlement negotiations fail, the case may proceed to trial, where the plaintiff must prove their case by a preponderance of the evidence.
In Pennsylvania, the statute of limitations for medical malpractice claims is two years. This means a lawsuit must be filed within two years of the date the malpractice was discovered, or should have been discovered. There are some exceptions.
For claims involving minors, the statute of limitations does not begin to run until the minor turns 18. If a healthcare provider intentionally hides their malpractice, the statute of limitations may be extended as well.
When a surgical instrument or other object is left inside a patient during surgery, the two-year limit does not apply, and the claim can be filed when the object is discovered. An Allentown attorney can advise as to the deadline that is applicable to a specific case of suspected medical malpractice.
In most lawsuits, the only way to prove medical malpractice is through the opinion and reports of a qualified medical expert. These expert witnesses review the records of treatment, evaluate the actions of defendant providers, and give their opinion about why this care amounted to medical misconduct.
State law also determines who may serve as an expert witness in a medical malpractice suit. The medical expert must examine the case before the injured person files a complaint in court. Pennsylvania Code § 1042.3 says a complaint must include a “certificate of merit”—this certificate comes from the expert and states there is a good faith reason to believe medical malpractice has occurred. Locating and hiring these key witnesses is another way a medical malpractice attorney in Allentown can help an injured patient.
A person who gets injured because of the mistakes of a medical provider deserves the compensation they need to set things right. A doctor or hospital’s error may then require more medical care from a competent provider to treat it. A negligent provider must cover the costs of this care.
These events can also cause harsh emotional traumas. They can leave a person mentally scarred or hesitant to seek out future medical care. A medical malpractice lawyer in Allentown works to place a proper dollar value on these experiences.
Finally, if an injury forces a person to miss time at work or results in a disability that permanently limits their earning capacity, a negligent provider must provide reimbursement for all lost wages.
It can be disheartening when medical negligence causes a new injury or condition. Although medical providers must, under state law, provide competent care to their patients, mistakes resulting from a failure to meet this standard are common. When this has happened to you, you may be able to pursue a case for significant compensation.
An Allentown medical malpractice lawyer fights by your side to pursue these payments. We can explain the concept of medical malpractice under the law and hire a qualified expert to prove your case in court. We also work to measure your losses and demand fair compensation from negligent doctors and other providers. Reach out today to get started on your suit.
