When Is It Worth Suing For Medical Malpractice?


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According to a study by Johns Hopkins University, medical negligence ranks as the third-highest cause of death among Americans. That equates to 250,000 people dying each year due to medical errors in the U.S. Based on this study, more people will die of medical malpractice than the Coronavirus has claimed so far, according to the Centers For Disease Control (CDC). Medical malpractice falls behind heart disease, which claims more than 611,000 people, and cancer, which causes death in nearly 585,000 people each year as the top two causes of death in the U.S. Medical malpractice also causes thousands more to live a drastically different life.

If you or a loved one has suffered because of medical malpractice, you've already been through pain, and you might be wondering whether it is worth suing for medical malpractice?

Is It Ever Worth Suing For Medical Malpractice?

If you or your loved one has suffered or died due to medical malpractice, it is absolutely worth suing for medical malpractice. If you're suffering, or a loved one died, some expenses come with long-term care, and often there are lost wages and emotional suffering that can be compensated through a medical malpractice lawsuit.

In Pennsylvania, there is no economic or non-economic medical malpractice damages cap. The injured patient or family of the patient can recover for all financial losses, such as lost wages and pain and suffering resulting from the defendant's malpractice.

Medical malpractice cases can be long, but the recovery can be worth it. According to the Pennsylvania Insurance Department fund, in the last decade in Pennsylvania, malpractice claims and settlements have held steady, averaging about 380 cases and a $461,052 settlement amount. Those funds can help pay for medical expenses, long term care, and emotional pain and suffering.

What Types Of Medical Malpractice Are There?

Often, when people think of medical malpractice, they imagine a doctor making an error during surgery or a procedure. However, there are many ways a doctor or hospital can be negligent.

  • First, there is a failure to diagnose. If a more competent doctor would have discovered the patient's illness or made a different diagnosis and that diagnosis would result in better treatment and outcome for the patient, they might have a malpractice case.
  • Improper treatment is another serious form of medical malpractice. A doctor can be sued for improper treatment when they "treat a patient in a way no other competent doctor would," according to Nolo. Improper treatment also applies when a doctor chooses the appropriate treatment but administers it incompetently.
  • The third type of malpractice is the failure to warn a patient of known risks. Doctors must inform their patients of any known risks a procedure or course of treatment presents. If a patient had decided against the treatment if they knew the risks, the doctor might be liable for medical malpractice.

What Should I Do If I Think I Have A Medical Malpractice Case?

In Pennsylvania, a patient or loved one of a patient who wants to bring a medical malpractice case must, generally speaking, file the claim within two years of the date the medical provider committed the malpractice. But, the two years will usually be counted from when the patient realizes they have an issue because of that malpractice.

In either scenario, it's best to contact the expert legal team at Ross Feller Casey right away if you think you have a case. We can review your specific situation and help you file a claim when necessary. Ross Feller Casey is widely considered among the nation’s top medical malpractice lawyers, having won numerous record-setting recoveries for clients. You and your family have already suffered enough, so we won't charge you for representing you in this case, until we win.

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.