If subpar healthcare has left you worse off than you were when you first went for treatment, it may be time to speak with a medical malpractice lawyer familiar with Scranton area.
When you place your trust in healthcare professionals, you expect the highest standard of care. Unfortunately, mistakes happen, and they often lead to serious injury.
Our medical malpractice attorneys understand cases like yours and are committed to fighting for the justice and compensation you deserve. If you do not know where to turn, you can put your faith in us.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care and causes harm to a patient. This can include misdiagnosis, surgical errors, medication mistakes, and more.
These kinds of errors are very costly for our public health. According to a 2023 study by Johns Hopkins, medical malpractice results in death or permanent disability for around 795,000 Americans every year.
If you think you may have been the victim of this type of negligence, you should consider going for a telephone consultation with a medical malpractice lawyer serving Scranton.
What Is the Standard for Medical Malpractice in Scranton?
Not every injury or death that occurs in a healthcare facility happens because of medical negligence. Sometimes, doctors can do everything right but still fail to bring about the desired outcome.
So, what separates negligence from mere bad luck?
Pennsylvania Code Rule 1042.3 sets out that your attorney must submit a signed “certificate of merit” with your initial lawsuit complaint. This certificate will state that there is a “reasonable probability” that the care you received “fell outside acceptable professional standards,” and that this improper care caused you some form of injury.
If (on the basis of the available evidence at trial) the court agrees with this, you should be successful in your medical malpractice lawsuit.
Different Types of Medical Malpractice
Medical negligence comes in many forms. These include:
- Surgical errors: Surgical mistakes include faulty operating practices, failure to close surgical wounds properly, and mistaken operation on the wrong body part. These errors can lead to complications like sepsis, scarring, organ damage, and ongoing chronic pain.
- Birth injuries: Childbirth is a highly sensitive process from a medical point of view. If doctors and midwives fail to make the right interventions at appropriate times, the resulting birth injuries can be disastrous. Failing to adequately monitor a mother and child during the process can also amount to negligence.
- Medication errors: This may include errors in the prescription, dosage, or administration of drugs. Medication errors pose risks on two fronts; firstly, you do not receive the right treatment for your condition; secondly, needlessly consuming some other form of medication may expose you to health risks.
- Nursing malpractice: Though nurses do not have the same level of responsibility as doctors, they can still cause a lot of damage if they fail to discharge their duties properly.
- Hospital negligence: In many cases, the systemic failings of a hospital or other healthcare facility can amount to negligence. For example, if you became ill in a hospital that did not require the use of personal protective equipment (PPE) by employees when appropriate, you may succeed in finding the hospital negligent on this basis. That is why it is possible to sue organizations for medical negligence as well as individual healthcare practitioners.
Frequently Asked Questions (FAQs)
What is the statute of limitations for medical malpractice in Scranton?
In Pennsylvania, you generally have two years from the date of the injury to file a medical malpractice lawsuit. There are some limited exceptions to this rule (such as in cases of incapacity, or plaintiffs younger than 18), but, if you fail to meet this deadline, you will generally lose your right to file suit.
What kind of compensation can I expect?
Compensation in medical negligence cases can cover medical bills, lost wages, pain and suffering, and more. Each case is unique, and our team will explore every avenue to attempt to maximize your compensation.
Is there a cap on damages in Pennsylvania medical malpractice cases?
There is no cap on economic or noneconomic damages in medical malpractice claims in Pennsylvania, as there are in some states. There is a cap on punitive damages, but these are rarely awarded in medical malpractice suits.
What role do expert witnesses play in a medical malpractice lawsuit?
Medical malpractice claims tend to involve a lot of highly technical evidence, so medical experts often have a crucial role to play. Our firm has a network of independent medical specialists we use for these kinds of consultations; they can examine you and your medical records, and provide an opinion on whether your healthcare provider deviated from accepted medical practices. We can use this submission as evidence to strengthen our case.
Can I sue for surgical negligence if I signed a waiver before my surgery?
Signed waivers do not absolve healthcare providers of all responsibility. While a waiver acknowledges your understanding of certain risks, you may still have a case if the care you received was negligent.
We Will Help You Seek Justice in Your Pennsylvania Medical Malpractice Case
Our medical malpractice attorneys serving victims in Scranton understand the challenges that face victims of medical malpractice. We are dedicated to providing personalized and effective legal representation to help you navigate this difficult time.
Contact us today for a free telephone consultation and take the first step towards recovery. You can reach us via our online contact form, or call us on (570) 323-8711.