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December 28, 2016

Do You Have an Injury Caused by a Medical Professional?

Going to the doctor is no easy task, and as patients, we put our full trust in doctors, nurses, surgeons, and pharmacists expecting honest and trustworthy professionals to treat us with the utmost respect and provide quality care. However, that is not always the case and medical errors can lead to devastating and debilitating life-altering injuries. According to Medical News Today, medical malpractice is the “professional negligence by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient.”

A litany of factors can result in a medical malpractice lawsuit:

  • Medical error
  • A misdiagnosis
  • Incorrect medicine or medicine dosage
  • Negligent treatment, management, or aftercare
  • Doing nothing (act of omission)

However, even with multiple factors that can lead to a medical malpractice suit, it can often be difficult for a victim to successfully file. This is because simply proving a mistake has been made is not enough. Victims need to show that because of a medical professional’s mistake, they have increased physical pain or disability, mental anguish, increased medical bills, or lost wages due to not being able to work. One must also prove that a doctor-patient relationship existed, meaning that the doctor hired to take care of the patient agreed to be hired.

Additionally, many states have their own special procedures and rules that must be followed in order to make a claim. In Pennsylvania, there is a two-year statute of limitations beginning when the patient discovers the injury that occurred. Cases filed after 2002 have an additional statute which states that patients have up to seven years after the medical incident to file a suit. This means that if an injury from a medical professional is not discovered until more than seven years after the initial incident, then the patient will not be able to file a lawsuit. A patient filing a medical malpractice claim must also have an expert witness to prove any mental anguish or injury suffered. This medical expert is typically a doctor appointed to the patient through their attorney. Furthermore, medical malpractice claims are typically first submitted to a review panel. The findings of the review panel are then submitted to the court to be used in determining if a medical malpractice suit should be thrown out, or should go to trial.

It may seem like there are many hoops to jump through to file a medical malpractice lawsuit, but if you have been seriously injured by a medical professional by any sort of professional negligence, you are entitled to compensation. ┬áThe experienced attorneys at Goldberg, Persky, & White, P.C., can determine if you have a case, and have helped hundreds of clients get the compensation they deserve to help them get back on their feet. Don’t let time limit your rights; call today for a free consultation.


Sources:

Christian Nordqvist, “What is Medical Malpractice?” Medical News Today (September 17, 2014). [Link]

“The Basics of Pennsylvania Medical Malpractice Law,” Legal Articles [Link]

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