Medical professionals must perform their duties to the best of their ability, following a high standard of care to prevent injury and death. Unfortunately, some healthcare professionals fail to treat their patients within the applicable standard of care. If you suspect that you were harmed by a negligent medical professional, Stark & Stark Attorneys at Law may be able to assist you in filing a claim and seeking compensation for your losses.
Our Pennsylvania personal injury attorneys are dedicated to guiding you through your claim, ensuring you receive the necessary resources for recovery. To schedule your free consultation, contact us online or call (800) 535-3425.
What kinds of mistakes amount to malpractice?
Medical malpractice takes many forms, including but not limited to the following:
- Anesthesia errors
- Misdiagnosis and failure to diagnose
- Surgical errors, including operating on the wrong body part and leaving surgical tools inside a patient
- Substandard care resulting in birth injuries
- Unnecessary procedures or treatments
- Failing to follow up with a patient post-treatment
What should I do after experiencing medical malpractice?
Anyone who suspects they are the victim of medical negligence should take immediate measures to protect their rights.
- Seek a second opinion from a doctor who is unaffiliated with the doctor or facility that may be responsible for your injury. Getting a second opinion can confirm the severity of your injury and help guide decisions about future treatment.
- Contact a Pennsylvania medical malpractice lawyer who can help determine if you have grounds for a claim. If you do, they will start collecting evidence, speaking with expert witnesses, and preparing your case for trial.
- Record all communications with your doctor, and hold on to all invoices, bills, and receipts. You can also keep a treatment journal to record your recovery progress.
How much does it cost to hire a medical malpractice lawyer in Pennsylvania?
Stark & Stark provides proactive legal representation on a contingency fee basis, ensuring that you incur no fees unless your case is successfully resolved. Our commitment to risk-free service includes complimentary consultations, and delivering transparent and honest representation throughout the process.
How long do I have to file a medical malpractice claim in Pennsylvania?
In Pennsylvania, you have two years from the date you discovered (or should have reasonably been expected to discover) that malpractice occurred. If you fail to file a claim within two years, you will be barred from suing for medical malpractice.
What compensation may I receive in a medical malpractice case?
Compensation, or ‘damages,’ describes the costs and losses you incurred as a direct result of your injury. Economic and non-economic damages are common in medical malpractice cases.
Economic damages
Victims and their families often face substantial financial hardship in the aftermath of a medical mistake. Economic damages are intended to reimburse the victim for any tangible financial losses they incurred, including:
- Hospitalizations, surgeries, or other treatments needed to correct the mistake
- Lost wages
- Lost earning capacity
- Future medical expenses
Non-economic damages
In addition to the financial toll of medical negligence, victims and their families often suffer physically, emotionally, and psychologically. To account for these intangible losses, malpractice victims may claim non-economic damages such as pain and suffering, emotional and psychological distress, and diminished quality of life.
How do you prove malpractice?
To successfully pursue a medical malpractice claim, three key elements must typically be established:
- A standard of care violation occurred.
- Negligence led to an injury.
- The injury resulted in significant damage.
Please note that malpractice is not the same as dissatisfaction with a treatment outcome and does not apply to every mistake. If you’re unsure whether you have a case, contact our Pennsylvania medical malpractice lawyers for help.
We are ready to take your case to trial
Most medical malpractice cases are settled out of court through negotiation, and our team works diligently to advocate for a favorable settlement throughout this process.
However, if the insurance company refuses to negotiate and make a sufficient offer, we will not hesitate to take your case before a jury.
Who is liable for my injury?
Our team can work to identify all potential defendants in your case and hold them accountable. Responsible parties could include the doctor or nurse providing treatment, hospitals, pharmaceutical companies, medical device manufacturers, and more.
How do I deal with the hospital or insurance company after suffering malpractice?
Hospitals and their insurance companies have a vested interest in minimizing the amount they are required to pay, and they may pressure you to settle for a figure much lower than that to which you may be entitled. If you are contacted by someone from the hospital or an insurance company after suffering an injury from suspected malpractice, do not speak with them directly except to confirm your identity. Refer the agent to your attorney, who can handle communications.
Do not sign any paperwork or agree to a settlement before consulting with your legal team. You are not obligated to say anything, and it is often best to stay silent until you have spoken with an experienced medical malpractice lawyer in PA.
Our Pennsylvania medical malpractice lawyers are ready to help
At Stark & Stark, we understand the difficulties of coping with a medical injury. Our attorneys are dedicated to providing compassionate, client-focused legal services that offer personal injury victims and their loved ones the resources and closure necessary to rebuild their lives.
If you suspect that you or a loved one were injured due to medical malpractice in Pennsylvania, we invite you to call us at (800) 535-3425 today.
We offer free consultations, and our team is available to answer your questions and discuss the merits of your case. From there, we can advocate for the compensation you deserve and need.
