What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional commits an error during any kind of treatment, resulting in harm done to the patient, and is a type of personal injury law. Since medical malpractice can be quite complex, it’s important to speak with a medical malpractice lawyer in Scranton, PA who can explain your rights as well as the potential scope of your claim.
If you believe you’re a victim of medical malpractice, contact The Villari Firm today for a free consultation.
Understanding If You Have a Valid Malpractice Claim
Sometimes it’s difficult to ascertain if you’ve been the victim of medical malpractice. Just because a result from a medical procedure is unfavorable does not mean you have a medical malpractice claim on your hands. Speaking with an experienced, knowledgeable malpractice attorney helps you understand if you have a claim worth pursuing.
What You Should Do If You’re Injured By Medical Staff
If you believe you’ve been injured by a healthcare professional during treatment, speak with a medical malpractice lawyer in Scranton, PA today by calling The Villari Firm. We’ll give you a free consultation and help you discover what your medical malpractice claim may be worth. We’ll also explain next steps, including filing official legal documentation to the courts.
Common Forms of Medical Malpractice
Misdiagnosis is a common form of medical malpractice. It occurs when a healthcare provider makes an error in prescribing a medication, assigning a procedure, or altogether missing telltale signs for a condition.
A misdiagnosis can result in severe complications including dangerous medication interactions and unnecessary medical treatments.
Surgical errors may be the costliest of medical mistakes. Because surgeries are so complex and invasive, the margin for error is high. Therefore, surgical errors are one of the most common forms of medical malpractice. These errors can include materials left inside a patient, botched surgical performance, or anesthesia procedure mistakes.
If you believe a surgeon made a mistake while performing a procedure and harmed you in any way, contact The Villari Firm to schedule a free consultation.
Anesthesia is a medical procedure used for pain management and inducing a state of unconsciousness for more invasive surgical procedures. Because anesthesia reduces heart rate and brain activity, it needs to be administered by an anesthesiologist who specializes in performing the procedure.
Anesthesia mistakes can result in dire consequences, including paralysis and death.
An incorrect medication can lead to a dangerous mix of medicines causing dire and even deadly interactions. Incorrect medication is often a mistake associated with a misdiagnosis, but isn’t always. Sometimes, medical professionals make mistakes when prescribing medications or get scripts for patients mixed up. Pharmacists aren’t exempt from this error either.
A birth injury occurs when a healthcare professional makes a mistake before, during, or after childbirth resulting in an injury to mother or child. These mistakes can have devastating effects for a child including stunted growth, learning disabilities, disfigurement, paralysis, or worse.
How to Prove Medical Malpractice
A court of law needs four specific pieces of evidence to substantiate your medical malpractice suit. The following must be proven in a court of law to win your medical malpractice case:
- Certificate of Merit is a statement made by a licensed medical professional who supports the validity of your claim.
- Damages are the actual harm done to you. You must prove you suffered harm in some form or fashion.
- A Failure of Standard of Care must be proven, meaning the medical professionals in charge of the botched procedure did not perform to the highest standard of care regulated by law and the medical profession.
- Factual Cause of Harm refers to your ability to prove a lack of standard care led to your sustained damages.
An Experienced Medical Malpractice Attorney Helps
An experienced, savvy malpractice attorney assesses your claim for evidence of medical malpractice, guides you in presenting your case before a judge, and acts as your confidante in all matters of your case.
Services rendered by The Villari Firm include:
- Litigation (if settlement cannot be reached)
- Investigation of your claim
- Corresponding with opposing lawyers, judge, and other subjects
- Relaying information regarding your claim
- Medical expert testimonial management
Frequently Asked Medical Malpractice Questions
Can You Sue for Medical Malpractice?
Yes–you have up to two years time following a medical procedure to claim medical malpractice. Speak with a medical malpractice lawyer in Scranton, PA right away to discover if you have a valid case.
How Much Does a Malpractice Lawyer in Scranton Cost?
A medical malpractice lawyer’s price range varies greatly depending on the time spent on the case and the number of services provided. Most medical malpractice attorneys cost anywhere from $1,000 to $10,000 or more.
It’s important to know an honest medical malpractice lawyer will only charge you their fees after you’ve received a settlement. If you do not receive a cash reward for your damages, you normally will not be on the hook to pay that lawyer.
What Kind of Damages Can You Get From Your Malpractice Case?
There are three kinds of damages you can seek in a medical malpractice suit:
- Economic Damages are calculated by adding up your medical expenses and anything else pertaining to a financial loss due to a botched medical procedure. These damages are easily quantified by adding up lost time at work, invoices, medical bills and other financial documentation.
- Non-Economic Damages are damages regarding any mental and physical anguish suffered. These are much harder to quantify as they are subjective. That said, non-economic damages are just as important–if not more so–than economic damages.
- Punitive Damages are sought when a medical professional commits an illegal act during a procedure. Punitive claims can result in jail time, heavy fines, and a loss of business license, amongst other severe penalties.
What is the Statute of Limitations on Medical Malpractice Claims?
The statute of limitations for medical malpractice lawsuits is two years time. That means after two years following a faulty medical treatment, you cannot sue your healthcare provider if you have not done so already.
Trust the Villari Firms 20+ Years Working as Medical Malpractice Lawyers
For a free, confidential consultation answering your questions about your potential medical malpractice case, contact The Villari Firm today!