Before we get into some common questions surrounding medical malpractice lawsuits, let’s first define exactly what they are and what they cover.
According to the American Board of Professional Liability Attorneys, “medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.”
All medical malpractice claims must have the following characteristics:
Medical malpractice can take many forms. However, here are some of the more common examples of medical negligence that might lead to a malpractice lawsuit:
The statute of limitations in Pennsylvania for filing medical malpractice claims, in most instances, is two years from the date of the malpractice that resulted in the death or injury.
It really depends. You’ll need to attend all of your depositions and mediations and the pretrial. But whether you go to court will depend on if your case gets settled before the trial begins. What’s the chance of it being settled? This also varies depending on the case.
Of course, if the case does settle, your obligations are over.
The term, damages, simply means money.
There are a few types of damages, including compensatory, non-economic, and punitive.
Compensatory damages pay for actual costs incurred due to the medical malpractice, like medical bills, lost wages, etc.
Non-economic damages take care of compensating for less-tangible items like pain and suffering. And punitive damages are special compensatory awards for special circumstances, like if the defendant’s behavior was especially reprehensible.
The answer to this question also greatly depends on several factors, and situations around medical malpractice claims tend to change quickly.
In general, you can expect to spend somewhere in the neighborhood of 18-24 months on a medical malpractice lawsuit from start to finish if it isn’t settled out of court. It takes several months to gather medical records and obtain expert testimony. And, of course, time for depositions, filings, pretrial, etc.
As the plaintiff of a medical malpractice case, you would need to prove your case of medical negligence through evidence that shows that:
All three must be proven to win a medical malpractice case. However, a case can settle at any moment, even as it’s leading up to trial, so giving a more definitive answer would be difficult.
If you suspect medical malpractice caused an injury to yourself or a loved one, it’s important to understand your rights and recourse options. While you may be entitled to compensation through a medical malpractice lawsuit, your time to file a claim is limited.
Medical malpractice cases in Pennsylvania can be incredibly complex. You’ll want to make sure you select a medical malpractice attorney with the right combination of skills and experience.
Any medical malpractice attorney you’re considering should have an experienced team of lawyers and doctors with a history of winning similar cases. Experience matters when it comes to medical malpractices lawsuits in Pennsylvania.
The experienced attorneys at Ross Feller Casey have a stellar record of winning multimillion-dollar recoveries in all types of medical malpractice lawsuits. We have a team of Ivy League trained physicians, and doctors who are also lawyers, on our staff and ready to help you. Contact the leading medical malpractice lawyers at Ross Feller Casey now for a free case evaluation.
Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.