Medical Malpractice
Medical malpractice law is designed to protect patients who have suffered harm due to the negligence or unskilled treatment by a healthcare professional. This includes not just physicians, but also other healthcare providers such as nurses and dentists.
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To establish a medical malpractice claim in Pennsylvania, four legal elements must be demonstrated:
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A professional duty of care was owed to the patient.
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There was a breach of that duty.
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The breach resulted in injury.
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There were damages that arose as a result.
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Damages in a medical malpractice case can be both economic (such as lost wages, medical bills) and non-economic (such as physical and emotional pain and suffering). In Pennsylvania, there is no cap on compensatory damages that can be collected as a result of a medical malpractice case. However, punitive damages, which are awarded as a “punishment” for a faulty action, cannot exceed 200% of compensatory damages awarded.
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Most jurisdictions have a 2-year statute of limitations to bring a medical malpractice case. This means that a plaintiff has two years from the date at which they discover (or reasonably should have discovered) that they suffered an injury as a result of medical malpractice.
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Remember, each case is unique and the complexities of medical malpractice law require expert legal advice. Law firms practicing in this area can provide valuable assistance.Please note that this is a general overview and does not constitute legal advice. Always consult with a professional for your specific needs.
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Medical malpractice can take many forms, including:
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Misdiagnosis or Failure to Diagnose: This occurs when a healthcare provider fails to correctly diagnose a patient’s condition, which can lead to incorrect treatment and potentially worsen the patient’s condition.
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Delayed Diagnosis: This happens when a healthcare provider fails to diagnose a patient in a timely manner, which can lead to a progression of the illness or condition.
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Childbirth Injuries: These are injuries that occur to a child before, during, or immediately after birth due to medical negligence.
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Medication Errors: This includes prescribing the wrong medication, the wrong dosage, or failing to consider harmful drug interactions.
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Anesthesia Errors: These can occur when an anesthesiologist administers too much or too little anesthesia, or fails to monitor a patient’s vital signs during a procedure.
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Surgical Errors: These can include operating on the wrong body part, leaving surgical instruments inside a patient, or causing unnecessary damage during surgery.
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What to do if you suspect you are a victim of medical malpractice. If you suspect that you or a loved one have been the victim of medical negligence, here are some steps you should consider:
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Do NOT Reach Out to Your Doctor/Provider Directly: Your first instinct may be to reach out to the doctor or provider who was negligent. However, this is not advised as it could potentially complicate any future legal proceedings.
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Document Everything: Keep a record of all interactions, treatments, medications, and any changes in your health. Documentation is incredibly important in medical malpractice cases.
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Contact a Medical Malpractice Attorney Immediately: Medical malpractice law is complex and varies by state. An attorney can guide you through the process and help protect your rights.
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Find a New Doctor: If you're still in need of medical care, seek out another healthcare provider. It's important to ensure your health is being properly managed.
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Don’t Talk About It to Anyone Other Than Your Attorney: To protect your privacy and the integrity of your case, it's recommended to only discuss the matter with your attorney.
Remember, this is a general guide and does not constitute legal advice. Always consult with a professional for your specific needs, as each case is unique and requires expert legal advice. At Goldleaf Law, we hold professionals accountable for mistakes that should not have happened.
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Unsure if your case qualifies? Contact us to find out.