We Understand the Serious Consequences
Experienced Medical Malpractice Lawyers in Pennsylvania
At Perna & Abracht, LLC, our medical malpractice lawyers help injured victims recover full compensation for injury or death resulting from medical malpractice. Patients rely on healthcare providers to provide the highest standards of medical care. When hospitals, doctors, nurses and other medical professionals are negligent, it can have serious, long-lasting physical, emotional and financial consequences for patients and their families.
Our Medical Malpractice Law Firm Represents Clients in All Types of Cases
Our best medical malpractice attorneys understand how to build solid cases and develop effective strategies to prove medical malpractice.
Misdiagnosis—Failing to diagnose or misdiagnosing a condition, illness, or injury can be considered malpractice if a doctor fails to do what other medical professionals would have done in similar circumstances. A doctor may also be liable if a healthy patient is misdiagnosed and receives the treatment they don’t need.
Delayed Diagnosis—When a doctor initially makes an incorrect diagnosis but a patient eventually receives an accurate diagnosis, they may be liable if the patient’s condition worsens due to lack of treatment. Our personal injury lawyers have experience handling all types of claims involving delayed diagnosis.
Surgical Errors—Surgical errors can include performing the incorrect procedure, unnecessary surgery, damaging nerves, tissue, or organs during surgery, or leaving medical devices inside. Administering incorrect amounts of anesthesia also can often cause brain damage or death. Even if you signed a consent form before having surgery, you should contact a medical malpractice lawyer if you believe medical professionals or the hospital acted negligently.
Medication Errors— Administration of the wrong medicine, incorrect dosage, the mixing of incompatible medicines, or failure to give the appropriate dose of ordered medications in a timely manner can cause serious harm. This type of malpractice occurs in hospitals, pharmacies, and other healthcare facilities more often than you may think. All of these parties may be liable if a patient is injured due to an error.
Birth Injuries—OB-GYN doctors have an obligation to provide appropriate prenatal care and ensure that mother and baby receive proper care and treatment during labor and delivery. When physicians, nurses, and other healthcare providers fail to follow standards of care or act negligently, it can result in birth asphyxia (oxygen deprivation), cerebral palsy, brain damage, seizure disorders, intellectual and developmental disabilities, nerve damage and/or fractured bones (particularly the clavicle). Failing to diagnose conditions such as pre-natal viruses, gestational diabetes, and preeclampsia, or waiting too long to perform a C-section, can also put women and their babies in harm’s way.
Medical Malpractice FAQ:
What Does Standard of Care Mean?
In medical malpractice cases, the standard of care is based on the skill, knowledge, and treatment typically used and accepted in a medical specialty or community. This means a healthcare provider’s actions are evaluated according to what a reasonably competent provider with the same level of training would have done under the circumstances. The testimony of an experienced medical expert to explain the standard of care to a judge and jury is vital to the success of a malpractice claim.
What Is the Statute of Limitations for Medical Malpractice Claims?
Generally, the statute of limitations for personal injury claims is two years in Pennsylvania. However, this time limit does not start until the patient discovers or reasonably should have discovered that the injury occurred. However, there are exceptions. One Pennsylvania statute gives certain injured patients up to seven years from the date the negligent act occurred to file suit. There are also extended statutes of limitations in Birth Injury cases. If you believe you or a loved one is a victim of medical malpractice, it is vital to contact our local medical malpractice lawyers as soon as possible.
Which Types of Damages May I Be Entitled to Receive?
Two types of compensatory damages may be available in medical malpractice cases. Economic damages include quantifiable expenses like past and future medical bills and lost wages. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In rare cases, punitive damages may be awarded if a defendant’s conduct was particularly egregious. Punitive damages are not meant to compensate. Rather, they are designed to punish the defendant and deter them and others from committing similar acts.
Are There Damage Caps on Medical Malpractice Awards?
Caps on damages for medical malpractice vary by state. In Pennsylvania, there are no damage caps on economic and non-economic compensatory damages. However, punitive damages are limited to two times the total compensatory damages awarded. For instance, if you are entitled to $50,000 in compensatory damages, the court may not award more than $100,000 in punitive damages.
How Much Is My Case Worth?
Our medical malpractice lawyers know how to put an accurate value on your claim. We thoroughly evaluate your case and give you an estimate of how much compensation you may be able to recover. Each situation is unique. Our attorneys negotiate on your behalf to help you recover the full and fair amount of compensation to which you may be entitled.
What if I Lost a Loved One Due to Medical Negligence?
When someone dies due to medical malpractice, their loved ones may file a wrongful death claim and/or survival action. Each type of claim offers compensation for different types of damages, so it is important to understand certain distinctions to determine which type to file. Our medical malpractice lawyers can evaluate your case and advise you of your options.
Why Do I Need a Lawyer for a Medical Malpractice Claim?
Medical malpractice cases are much more complex than other types of personal injury and car accident claims. Specific procedures and notifications are required before your case is filed with the court. Deciphering complicated medical records, finding expert witnesses, and building a strong case is extremely challenging to do on your own. Pitfalls such as procedural errors can jeopardize your claim and strip you of your right to recover compensation. It is essential to hire a seasoned medical malpractice lawyer to guide you through the process and act as your staunch advocate.
Is Fighting A Big Health System or Insurance Company Worth It?
Although it is true that large organizations and insurance companies have plenty of resources to fight legal battles, a good medical malpractice lawyer can overcome this by working aggressively to recover just compensation for your medical bills, lost wages, pain and suffering, and other damages. If the issue of malpractice is questionable in your case, our attorneys will advise you on the most effective course of action to take (if any).
If you have a specific legal question that you would like answered without any obligation to retain our firm, please schedule a complimentary 30-minute consultation with one of our attorneys below.
Contact A Top Medical Malpractice Attorney
At Perna & Abracht, LLC, we are dedicated to helping clients hold healthcare providers accountable for their actions. Contact us here or call us at 610-708-1970 to schedule a free consultation with an experienced medical malpractice lawyer.
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