Abington Medical Malpractice Lawyers
Putting your trust in medical professionals to care for you or your loved one is not always easy. While some factors inevitably go wrong, doctors can still neglect their patients and cause further harm. If your doctor or other healthcare worker has mistreated you, we encourage you to contact our knowledgeable legal team to pursue a medical malpractice claim.
We understand that dealing with the aftermath of a medical malpractice experience can be stressful, but you do not have to go through it alone. Our compassionate Abington medical malpractice attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. in Abington are here to help you understand what Pennsylvania considers medical malpractice, how to prove liability, and what losses you may recover.
What Qualifies as Medical Malpractice?
Instances of medical malpractice can be subtle and difficult to identify. Your doctor may be taking too much or not enough action. Either way, if you have any negative feelings about your treatment, it may be worth a deeper investigation. Some examples of medical malpractice include the following:
- Surgical errors: A doctor or other hospital staff making a negligent error before, during, or after surgery, like operating on the wrong body part or failing to provide proper care after the operation
- Misdiagnosis: The failure to diagnose a condition, which could lead to further injuries and long-term problems
- Medication errors: A doctor or other medical professional prescribing an unneeded medication, incorrectly mixing medications, or giving the wrong dosage.
- Failure to respond: A lack of action to treat symptoms, which could cause further harm
- Birth injuries: Injuries to an infant or mother before, during, or after childbirth due to improper care from medical professionals
If you feel your doctor or nurse has neglected your care, keeping track of your experience and any details that point to this treatment is essential. This will help your Abington medical malpractice lawyer examine the facts of your situation and build a strong case to negotiate for a fair settlement.
What Goes Into Filing a Medical Malpractice Claim in Pennsylvania?
When filing a medical malpractice claim, one of the first things to consider is how long you have to submit. According to 42 Pa.C.S. § 5524, you must file your claim two years from the date you discovered your injuries. If these two years pass before you know of your injuries, you then carry the burden of proof that you could not have identified these injuries any earlier. Our talented medical malpractice lawyers have handled all types of cases, so they may be able to help you submit your claim on time.
In addition to the statute of limitations, you must file a certificate of merit. 231 Pennsylvania Code Rule 1042.3 states that the plaintiff must submit a signed document demonstrating that a medical professional has evaluated the case and concluded that the victim’s injuries likely resulted from the healthcare worker’s actions. This professional must have “sufficient education, training, knowledge and experience” to testify credibly. Our Abington medical malpractice lawyers understand this process can be complicated, but we are here to assist you in properly filing your certificate of merit.
Understanding Who May Be at Fault for Medical Malpractice in Pennsylvania
When pursuing legal action for medical malpractice, you must prove your doctor or other medical professional’s negligence caused your personal injuries. In Pennsylvania, you have to provide evidence to establish the four following principles:
- Your doctor owed you a duty to take the best care of you and avoid harmful behavior.
- Your doctor breached this duty they are meant to practice constantly.
- This breach of duty directly caused your injuries.
- These injuries lead to damages like medical bills and emotional distress.
In this way, documenting the details of your experience can help prove these points and better your chances of achieving the compensation and justice you deserve. Our Abington medical malpractice attorneys may be able to assist you in gathering evidence and interviewing witnesses who may confirm your experience.
Potential Recoverable Damages in Pennsylvania Medical Malpractice Cases
Tracking your medical malpractice experience and how your injuries have impacted your life can help determine your deserved compensation in addition to proving fault. Depending on the circumstances, you may be entitled to the following economic and non-economic damages:
- Hospital bills
- Current and future medical bills
- Rehabilitation treatment
- Physical therapy
- Lost wages and benefits from missed work
- Pain and suffering
- Reduced quality of life
- Mental anguish
While more rare, you may also receive punitive damages from the at-fault party. These damages act as a punishment for the defendant’s behavior instead of a reward for the plaintiff’s suffering. The at-fault party will only pay these damages if you prove they acted with grossly negligent intent. While economic and non-economic damages have no cap in Pennsylvania, punitive damages are capped at 200% of their total compensation.
Consult an Abington Medical Malpractice Attorney at Rubin, Glickman, Steinberg & Gifford, P.C.
When you see your doctor, you trust them and everyone who works with you to take care of you and keep your best interest in mind. Unfortunately, this is not always the case, as doctors may neglect this responsibility and cause further injury. If you or a loved one is in this situation, you deserve top-notch representation who will fight tirelessly for you and a successful outcome.
At Rubin, Glickman, Steinberg & Gifford, P.C., we have proudly provided the Abington area with award-winning legal services for over 65 years. We are well-versed in medical malpractice laws and cases and have the resources to build a strong case and negotiate for a fair settlement. Call us at (215) 822-7575 or fill out our contact form to schedule a free consultation.