Pennsylvania Medical Malpractice Lawyer

Trusted Medical Malpractice Attorney in Pennsylvania

When patients seek medical care, they put their trust in the doctors, nurses, hospitals, and other healthcare providers who treat them. When preventable medical errors occur, these patients have the right to file a claim against the healthcare provider for their serious injuries or worsened health conditions. If you have been harmed due to medical negligence, it is time to speak with a Pennsylvania medical malpractice lawyer about filing a claim.

Santini Personal Injury & Car Accident Law: Hire a Medical Malpractice Lawyer You Can Trust

At Santini Personal Injury & Car Accident Law, we understand how life-changing medical malpractice can be. Our team is here to help you recover by guiding you through the legal system, explaining Pennsylvania’s medical malpractice laws, and working tirelessly to pursue fair compensation. When working with us, there are no fees unless we win.

Examples of Medical Malpractice for Pennsylvania Patients

Despite strict regulations in the medical field, medical malpractice does occur. It is estimated that about 400,000 hospital patients experience preventable harm each year. During their career, 31.2% of physicians reported having a malpractice claim filed against them in 2022. From Penn Medicine to the University of Pittsburgh Medical Center (UPMC), no medical center or hospital is immune to malpractice or negative health outcomes.

In general, claims can be filed when a patient’s injury or illness is caused by a healthcare provider’s failure to properly diagnose or treat their injury. Some examples of medical malpractice include:

• Suffering from brain damage due to a physician overlooking standard stroke symptoms that should have resulted in a diagnosis and immediate treatment
• Getting a hospital-acquired infection because a nurse failed to properly sterilize equipment before use
• Experiencing internal organ damage because a surgery was performed carelessly, and damaged additional internal tissue
• Suffering an overdose as a result of incorrectly administered anesthesia
• A doctor failing to order a C-section despite fetal distress, which may lead to conditions such as cerebral palsy or developmental delays

Infections, cancers, and vascular events are involved in 75% of serious harms in malpractice cases. However, medical malpractice can result in a variety of injuries and stem from a number of medical errors. Whatever you have experienced, speaking with a Pennsylvania medical malpractice attorney can help you understand your rights as a patient.

Proving Negligence in a Medical Malpractice Claim

To succeed in a claim, you must have sufficient evidence to prove the four elements of negligence, which are:

• Duty of care. The duty of care involves proving that the healthcare provider had a legal obligation to provide treatment that met the accepted standard of care. This means proving you were a patient when the malpractice occurred.
• Breach of duty. Then, you must prove that the healthcare provider’s actions failed to meet the accepted standard of care. For example, if they failed to properly measure a medication or didn’t properly clean a surgical site.
• Causation. Next, you must prove that the breach of duty was the direct cause of your injuries. In other words, if the healthcare provider provided the proper treatment, you would not have the injury.
• Damages. Finally, you must prove what damages you have suffered. This mainly involves your physical injuries, but can also include other losses such as financial expenses and pain and suffering.

Damages You Can Claim in a Medical Malpractice Case

While filing a claim cannot undo the damage caused by medical negligence, it can support your recovery. You can pursue compensation for any losses you have suffered as a result of the malpractice, which often includes:

• Medical bills and anticipated medical expenses for future treatment and rehabilitation
• Lost wages from time off due to your injury or medical appointments
• The cost of assistive technology, prosthetics, or other items related to your disability
• Permanent reduced earning capacity
• Pain and suffering from your injury
• Mental anguish and psychological disorders such as depression, PTSD, or anxiety
• Punitive damages that punish the healthcare provider for extreme negligence or reckless actions

FAQs

Q: How Much Is the Payout for a Medical Negligence Claim?

A: The payout for a medical negligence claim depends on the types of damages you have suffered and their severity. Minor injuries with minimal pain and suffering and medical bills typically result in a smaller settlement compared to catastrophic injuries. If you hire a medical malpractice lawyer, they can calculate a fair award based on the circumstances of your damages and the circumstances of the injury.

Q: Is It Worth Filing a Medical Malpractice Claim in Pennsylvania?

A: Yes, it can be worth it to file a medical malpractice claim in Pennsylvania if you are suffering from serious injuries because of a healthcare provider’s negligence. By filing a claim, you can recover compensation to make up for damages such as medical bills or pain and suffering.

Filing a claim can also help you find closure knowing that you are holding your healthcare provider accountable. In many cases, malpractice claims even lead healthcare systems to improve their protocols.

Q: What Is the Hardest Element to Prove in a Medical Malpractice Case?

A: Causation is often the most difficult element to prove in a medical malpractice case. To establish that the negligence directly led to your injury, you can use medical records showing proof of a worsened condition. You may also use the testimony of a medical professional who can interpret your medical records and provide insight into whether the misconduct could have actually resulted in your injury.

Q: Can You File a Medical Malpractice Claim if You Had an Existing Injury?

A: Yes, you can file a medical malpractice claim if you had an existing injury by showing how a healthcare provider’s negligence worsened that existing injury. For example, if you had existing knee pain but a surgery was performed incorrectly, making the pain worse, you can file a claim for the additional complication.

You must provide sufficient evidence to show how these actions aggravated your existing condition, which wouldn’t have occurred without the medical negligence.

Speak With a Pennsylvania Medical Malpractice Attorney About Your Case

Filing a medical malpractice claim can be overwhelming, with complex evidence and strict medical malpractice laws. But you don’t have to go through this process alone. Contact Santini Personal Injury & Car Accident Law to set up a consultation with a Pennsylvania medical malpractice lawyer.