I live in Pennsylvania, how do I know if I have a medical malpractice case?

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Mark W. Tanner - Personal Injury - General - Super Lawyers

Answered by: Mark W. Tanner

Located in Philadelphia, PAFeldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP

Philadelphia, PA
Phone: 215-309-8667
Fax: 215-599-1581

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From a distracted nurse who forgets to submit lab work to a doctor who rushes through an exam and fails to fully address your concerns, at some point or another, many Pennsylvania residents have felt disappointed in the level or quality of medical care they received. In some cases, these and other types of mistakes and lapses in judgement can lead to patients suffering serious and painful injuries, and severe personal and financial losses. So how do you know whether your situation warrants legal action?

If you believe that your injuries were caused by the actions or inaction of a doctor, nurse or heath care facility, it is wise to speak with an attorney. A Pennsylvania Medical Malpractice Attorney who is experienced in handling medical malpractice cases will review your case to determine if it’s in your best interest to pursue legal action. 

Proving Medical Negligence

In general, doctors, nurses and other health care professionals are expected to provide a standard of care that is considered normal or acceptable. When a doctor’s or nurse’s actions deviate from that standard and harm or injury results, this may constitute as negligence and provide grounds for a medical malpractice claim. However, your belief and assertion that a breach occurred is not enough to warrant a lawsuit filing. You must secure a medical expert who can provide a written affidavit and, if necessary, testify in court on your behalf.

In addition to a medical expert witness, your medical malpractice attorney will conduct his or her own investigation to produce compelling evidence and testimony that supports your claim. 

Acts of medical negligence may involve:

  • Misdiagnosis, failure to diagnose or delayed diagnosis
  • Mistakes made during surgical procedures
  • Errors made when administrating anesthesia
  • Gynecological and obstetrical errors that occur before, during and after a baby’s delivery
  • Prescription drug administration errors
  • Nursing mistakes

From a botched back surgery that results in paralysis to a misdiagnosis that results in a wrongful death, if you or a family member suffered injuries and losses at the hands of a medical professional, it is important to take swift action. In Pennsylvania, you have two years from the date of the medical event to file a lawsuit or two years from the date by which a reasonable person should have discovered that the harm or injury occurred.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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