Whether you are suing for misdiagnosis, wrongful death, or medical malpractice, there are certain steps to follow to ensure you get the justice and compensation you deserve. In each instance, these matters are time sensitive, so it is crucial that you contact an experienced attorney right away.
Suing a hospital for medical malpractice is a multi-step process. It can be overwhelming, and even impossible, without a certain level of expertise in the field. The following are necessary considerations when filing a suit for medical malpractice:
People are misdiagnosed every day, and the results can range from mild to fatal. If you have been misdiagnosed by a hospital, it is important to understand your rights as a patient. Misdiagnosis is a form of medical negligence, and is often the result of preventable mistakes made by medical professionals. To file suit, your attorney must prove negligence and harm on your behalf. Proving these claims is a complex process that takes a team of professionals. If a hospital is misdiagnosing you, we recommend consulting with an experienced malpractice attorney as soon as possible.
A wrong diagnosis is draining of your time, money, and health, and the responsible party should be held accountable. It can be difficult to prove cases of wrong diagnosis without appropriate legal assistance, as you will be going up against experienced defense lawyers. As such, we recommend contacting a medical malpractice lawyer as soon as you suspect misdiagnosis. When suing the hospital responsible for your misdiagnosis, your attorney will take several factors into account. A few of them are as follows:
There are many rules and laws to be aware of when calculating your damages after misdiagnosis. In order to receive the best possible outcome, it is necessary that you have your medical records carefully analyzed by both medical and legal professionals.
In the event that a loved one dies a wrongful death, it is important to act quickly to ensure adequate compensation for your loss. In Pennsylvania, a wrongful death suit must be filed by the personal representative of the victim’s estate, as outlined by their will. If the deceased did not leave a will, then the representative may be appointed by the court. In either case, the suit is filed on behalf of the deceased’s beneficiaries. In Pennsylvania, beneficiaries include the spouse, children, and parents of the victim. The beneficiaries may be entitled to damages such as:
Many states have different time requirements regarding how long you have to file suit against a hospital. These restrictions are called the statute of limitations. In Pennsylvania, the statute of limitations is generally two years after the date that the injury is discovered. There are some special instances in which the time can be extended. These include:
Suing a hospital can get messy, and it requires both legal and medical expertise. Do not let that deter you from acting. At Ross Feller Casey, we have an experienced team of lawyers and physicians right on staff that have an unmatched record of legal victories in cases involving medical malpractice and wrongful death. The firm operates on a contingency basis, so there will not be any fees until a recovery is made in your case.
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.