Pottsville Medical Malpractice Attorneys

Types of Medical Malpractice

Medical malpractice can occur in various forms, including:

• Misdiagnosis: Incorrect diagnosis of a patient's condition.
• Surgical errors: Mistakes during surgery, such as leaving instruments or sponges like gauze pads inside the patient or performing the wrong procedure.  Medical errors also occur if a surgeon punctures or cuts (“nicks”) organs, intestines, or even blood vessels during surgery which were not contemplated as a risk of the procedure.
• Medication errors: Prescribing the wrong medication, administering the wrong dosage, or failing to monitor medication effects.
• Delayed treatment: Failure to provide timely medical care, leading to worsened conditions or complications. Failing to timely diagnose and properly treat a life-threatening health condition like a stroke or heart attack can be medical malpractice.
• Anesthesia errors: Mistakes during anesthesia administration, such as overdosing or failing to monitor vital signs.
• Birth injuries: Medical negligence during childbirth, resulting in injuries to the infant.

What is Considered Medical Malpractice?

To prove medical malpractice, the following elements must be established:

1. Duty of care: The doctor or healthcare provider had a professional duty to care for the patient.
2. Breach of duty: The healthcare provider failed to meet the standard of care expected of a professional in their field.
3. Causation: The breach of duty directly caused the patient's injuries or damages.
4. Damages: The patient suffered actual harm or losses as a result of the medical negligence.

Pennsylvania Has No Medical Malpractice Damages Cap

Pennsylvania has no medical malpractice damages cap, which limits the amount of non-economic damages (such as pain and suffering) that can be awarded in a medical malpractice case. Damages can include compensatory damages for past and future medical expenses, past and future loss of wages and reduction of earning capacity, physical pain, suffering, mental anguish and emotional distress, disfigurement and scarring as well as punitive damages. 

Wrongful death damages could be recoverable in a case of a death caused by a medical mistake.  A wrongful death case for medical malpractice can be brought to compensate certain family members deprived of the life and benefits of the decedent; wrongful death damages could be different than survival action damages to the estate of the medical malpractice victim such as the pain and suffering the decedent endured as a result of the medical mistake.

The Process of Starting a Medical Malpractice Claim

1. Consult with an attorney: Discuss your case with an experienced medical malpractice attorney to determine if you have a potentially valid claim.
2. Gather evidence: Collect medical records, witness statements, and any other relevant documentation.
3. Consult with Experts.  Expert medical review for a certificate of merit is required to proceed with a medical malpractice case against a doctor, nurse, or hospital medical staff.
4. File a complaint: Your attorney will file a lawsuit against the healthcare provider or facility responsible for the medical malpractice.
5. Discovery: Both parties gather information and evidence through depositions, interrogatories, and document requests.
6. Negotiation or trial: The case may be settled through negotiation or go to trial. Sometimes alternative dispute resolution such as mediation or arbitration in lieu of trial are mechanisms by which cases prepared for trial are resolved privately outside of court.

Why Choose the Law Offices of Anthony Urban?

• Experienced attorneys: Our team has extensive experience handling medical malpractice cases and understands the complexities of these matters.
• Personalized attention: We are committed to providing personalized legal representation to each client.
• Aggressive advocacy: We will fight tirelessly to protect your rights and seek the maximum compensation you deserve.
• Contingency fee basis: You pay no attorney fees unless we recover compensation for you.

If you believe you have been a victim of medical malpractice, contact the Law Offices of Anthony Urban today for a free consultation. We are located in Pottsville, PA, and can help you understand your legal rights and options.