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Table Of Contents
What is medical malpractice?
Medical malpractice is negligence by hospitals, physicians, or
other healthcare providers. Medical malpractice occurs when a health
care provider fails to provide care at an acceptable level, and
as a result, the patient is injured. The acceptable level is called
the "standard of care." That standard is relative to
the specialty of the health care provider. This means that professionals
are expected to act and treat patients the same as others who practice
in the same specialty or field of medicine. The failure to do so
results in a "breach of duty." If this breach causes
injury to the patient, then medical negligence has occurred.
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Is there really a medical malpractice crisis in the United States?
No. It is a myth that there is a medical malpractice crisis in Pennsylvania or anywhere else in the United States. Although some doctor groups and other special interest groups have attempted to advocate such a position, the facts and admissions by honest physicians and health care professionals, indicate that this is simply not the case.
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Is a bad result alone enough to prove negligence?
No. Sometimes patients are injured or procedures fail, even though
the doctor acts within the accepted standard of care. This is not
medical malpractice, not every bad outcome is the result of negligence.
That is why it is important to contact an attorney who concentrates
in medical malpractice and who can examine your case. An attorney
can help you determine whether or not you have been a victim of
medical negligence and if so, how you should proceed.
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What will my attorney need to evaluate my case?
Our firm needs the medical records from your doctor or
hospital that pertain to the incident in question. It is
helpful if you bring these with you when you talk to one
of our attorneys about your case. However, if you are unable
to obtain your records before meeting with us, they can
be obtained at a later date. If you kept a personal record
of the events as they occurred, you should also bring that
with you for our attorney to review.
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What happens if my attorney thinks I have a claim?
After you have explained the circumstances surrounding
your claim to our attorney, we will examine your records
and compare the actions of the doctor, hospital, and other
health care personnel with what is considered acceptable
under similar circumstances. If it appears that their actions
deviated from the accepted standard of care, your records
will be sent to an expert for review. If the expert finds
that medical negligence is the cause of the injury or death,
a claim will be filed on your behalf.
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Why do I need an expert?
Pennsylvania law requires medical expert testimony in
support of your medical malpractice claim. The expert must
state that he or she believes within a reasonable degree
of medical certainty that the physician in question deviated
from the standard of care and that the negligence legally
caused the harm and damages. Without a medical expert's
opinion, your claim cannot be filed.
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What can I expect to recover?
Awards are for money damages. The amount is usually limited
to compensatory damages, which compensate you for the economic
loss, physical loss, and pain and suffering associated
with your injury.
If the negligence causes death, the estate may bring a
survival action. This allows for recovery of those damages
from the time of injury to the time of death, as well as
economic losses to the estate. Dependents may also bring
a wrongful death action, which allows for the loss of support
and companionship, resulting from the death of a spouse
or parent.
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How soon may I expect to recover damages from
my injury?
The pursuit of a medical malpractice claim can be a lengthy
process, usually not settled or tried within two years.
Often it takes longer, because it takes time to gather
evidence, depose witnesses, and for the court to set a
trial date.
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How long do I have to file my claim?
In every type of claim there is a statute of limitations
for filing.
For medical malpractice claims, the statute of limitations is two
years from when the injury occurred. If you do not file a claim
against the health care provider within those two years, you are
forever barred from making a claim.
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Am I responsible for the cost of litigation?
The firm handles agreements for costs on a case by case
basis. You may be asked to be responsible for the cost
of the initial review of your case by an expert as well
as the cost of obtaining medical records. This generally
runs a few thousand dollars. After that, usually all of
the costs of litigation are advanced by the firm. If we
recover damages for you, the costs advanced by the firm
are deducted from any award you receive, in addition to
the fee. You do not owe the firm a fee if there is no recovery.
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What is the attorney fee that is charged?
There is no charge for meeting with an attorney to discuss
your case. Every client whose case is accepted by the firm
enters into a written fee agreement that sets forth the
contingent fee and the arrangements for payments of costs.
Medical negligence cases are generally accepted on a 40%
contingent fee basis, which means that the firm only receives
a fee if damages are recovered on your behalf.
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This information is intended to provide you with a
basic understanding of medical malpractice and the legal
aspects of filing a claim. It is not a substitute for
legal consultation. If you or a loved one think you have
suffered an injury as a result of medical malpractice,
please contact an attorney in our office.
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