Medical Malpractice Definition
Medical malpractice is when a medical professional like a doctor, nurse, or specialist commits an error when performing a procedure, prescribing medicine, or anything else considered treatment. If this error leads to harm in any form or fashion to a patient, that patient then has a valid medical malpractice claim.
If you suspect a medical mistake has resulted in harm to you or a loved one, speak with a medical malpractice lawyer in Wilkes-Barre, PA right away. The Villari Firm’s free, confidential consultation can confirm if you have a medical malpractice case worth pursuing. Contact us today!
How to Know If You Have a Valid Malpractice Claim
Medical malpractice claims can be hard to differentiate from unfavorable medical results. For instance, if a doctor slips while performing a surgery and mistakenly causes an injury, that is medical malpractice. The patient can and should sue for that.
But, if a patient doesn’t get desired results from a medication or procedure, and the healthcare providers followed protocol as prescribed, said patient does not have much legal ground to stand on.
The best way to find out if you have a valid medical malpractice claim is to speak with an experienced medical malpractice lawyer like the attorneys at The Villari Firm. We’ve litigated and negotiated medical malpractice claims for our clients in Wilkes-Barre, PA for almost 25 years.
Steps to Take If You’re Hurt By Medical Staff
If you suspect you’ve been injured by a medical professional in any way, document your injuries with images and video. These will play an important role in getting you compensated in a medical malpractice suit, so be sure to backup your copies or save duplicates on an external hard drive.
The next thing you should do is contact a dedicated, knowledgeable attorney experienced in medical malpractice lawsuits. They’ll be able to provide you with the forms and procedures needed to begin the process of suing your healthcare provider.
Common Medical Malpractice Claims
When a doctor or medical professional prescribes a faulty medication or commits you to a procedure you do not need, those are forms of misdiagnosis. It can take on subtler forms as well. Something as simple as ignoring telltale signs of a condition you have can lead to larger issues down the road including severe illness or death.
One of the most devastating, costliest mistakes a physician can make is that of the surgical error. Because surgeries are so invasive and complex, there is a high margin of error. While not every unfavorable surgical outcome is considered medical malpractice, many are, and should be promptly investigated by an attorney experienced in medical malpractice.
If you believe an error was committed during a surgery to you or your loved one, call The Villari Firm right away. We’ll answer your questions and tell you if you have a medical malpractice case worth pursuing.
Anesthesia is a pain management procedure used in medical facilities across the globe. It induces sleep and masks pain, allowing for more invasive surgical procedures. Anesthesia is normally performed by an experienced specialist called an anesthesiologist. They’re trained in administering the treatment as safely as possible.
There’s an inherent risk of injury during anesthesia procedures. Some part of the population is even allergic to the treatment and cannot receive it. While most of these procedures are performed without harm, some cause injuries like paralysis, coma, and death.
Incorrect medication can be a form of misdiagnosis but it can also be a simple mistake by the doctor in prescribing your medication. With so many patients to manage, physicians can sometimes write a script for a medication intended for someone else.
Injuries that can stem from incorrect medication include (but are not limited to) hazardous interactions with other medications, allergic reactions, and complications from overdosing.
Birth injuries are another form of medical malpractice. They occur when a medical professional commits a mistake before, during, or after childbirth, resulting in the injury of mother or child.
Plaintiffs must prove several truths to get compensation for their pain and suffering, which is why it’s vital to speak with a medical malpractice lawyer in Wilkes-Barre who can help you determine if you have a viable birth injury case.
Proving Medical Malpractice
To legitimately claim medical malpractice in a Pennsylvania court of law, you MUST prove the following four items:
- Certificate of Merit: Expert witnesses provide Certificates of Merit to validate medical malpractice claims. These experts are usually medical professionals who can substantiate the validity of your malpractice claim.
- Damages: You must prove that a medical professional did indeed harm yourself or loved one.
- Factual cause of harm: You must prove that a standard of care was not met, and due to that deviation, you suffered your injury.
Failure to adhere to protocols: You must prove that a certain standard of care was not met.
What a Medical Malpractice Lawyer Does
Medical malpractice lawyers, good ones, are well-equipped for a number of functions before and during any litigation & negotiation regarding your claim. The Villari Firm offers a large range of services to our clients in Wilkes-Barre, PA, including but not limited to:
- Expert Testimonials
- Correspondence (with Judge, Defendants, Insurance co. etc.)
- Investigation of Claim
Common Medical Malpractice Questions
Is Suing for Medical Malpractice Possible?
Yes–you have up to two years time to sue the medical practitioner that caused you harm. If you believe that a physician hurt you or caused injury in some manner, call The Villari Firm right away from a free, confidential consultation.
What Are the Costs of a Malpractice Lawyer in Wilkes-Barre?
Total costs run the gamut–from $1k to $10,000 depending on the time and services rendered by your legal team. If you have an honest attorney, like the lawyers at The Villari Firm, you’ll find that fees are only taken out of your compensation should you win your case.
If not, you owe nothing, so there’s nothing to lose by calling The Villari Firm today for your free consultation.
What Damages Can Possibly Expect from a Medical Malpractice Claim?
The damages you can claim in a medical malpractice suit are economic, non-economic, and punitive.
Economic damages are calculated through invoices, paystubs, or anything else that can prove that your financial situation was impacted by malpractice. Non-economic damages include harm and anguish and are less easily calculated. That said, they are just as important and should be treated as so.
Punitive damages result in defendants being charged with criminal activity. Consequences for punitive cases include fines, jail time, and even business license suspension for the guilty.
Is there a Statute of Limitations on Malpractice Claims?
Yes–the statute of limitations in Pennsylvania for medical malpractice is two years. This means that after two years time following a faulty procedure which caused you harm, you cannot sue the practitioner.
Contact the Villari Firm for a Free Medical Malpractice Claim Consultation
If you’re looking for a medical malpractice lawyer in Wilkes-Barre, PA, call the malpractice attorneys at The Villari Firm today. We’ve fought for victims of medical malpractice for over 20 years.
If your medical malpractice claim was rejected, if you’re unsure if you have a legitimate case, or if you need information on your specific malpractice matter, contact us today for a free, confidential consultation.