As a patient, you expect the doctor, nurse, surgeon, or other healthcare professional to provide you with compassionate, correct services that benefit your wellness. If this does not happen, speak with a Delaware County medical malpractice lawyer. You could be eligible for damages to compensate you for the pain and trauma you have experienced because of a physician’s negligence.
Holding a healthcare professional accountable for their negligence can be difficult without legal guidance. A well-practiced local attorney could be an essential ally when pursuing this type of civil claim.
Types of Medical Negligence
Seasoned lawyers in Delaware County take on a variety of medical negligence cases to help injured patients recover financial compensation for their harm. Attorneys could also represent surviving family members if the malpractice resulted in the affected individual’s wrongful death. Common types of medical negligence includes:
- Birth Injuries
- Incorrect prescriptions
- Incorrect dosage
- Hospital infections
- Preventable amputations
- Wrong or delayed diagnoses
- Operating on the wrong organ or limb
- Leaving foreign objects in the body following surgery
Medical errors can occur due to a variety of factors, such as intoxication, fatigue, and distraction. In any case, negligence by a healthcare professional can result in catastrophic harm to a patient and could be grounds for civil recourse.
Establishing Healthcare Professional Malpractice
In order for a local attorney to establish medical malpractice on the plaintiff’s behalf, they must obtain a certificate of merit according to 231 Pennsylvania Code Rule §1042.3. The certificate of merit refers to a statement made by an “appropriate licensed professional” who has reviewed the plaintiff’s case and believes there is reasonable cause to take action against the offending doctor, surgeon, or other healthcare professional. The defendant’s actions must fall outside acceptable professional standards, and the person providing the statement can testify in court on the plaintiff’s behalf.
For the certificate to be accepted in court, it must be filed within 60 days of the plaintiff’s filing, or with the initial complaint. This means it is essential for potential claimants to contact an attorney in the area as soon as possible to ensure they meet this strict deadline.
Does Pennsylvania Cap Medical Malpractice Damages?
Some states place caps on economic and non-economic medical malpractice damages such as pain and suffering, physical and occupational therapy, and emotional anguish. Pennsylvania is not among these states, as it does not limit the amount of damages claimants can recover. An injured patient in Delaware County is subsequently allowed to recover all damages related to their medical negligence case with their attorney’s help, and hopefully move forward with their lives. However, the state does cap punitive damages, or those meant to punish the offending party or parties for gross negligence or intentional actions.
Talk with a Delaware County Medical Malpractice Attorney Right Away
If your healthcare provider acted negligently, resulting in injuries that could have been easily avoided, reach out to a Delaware County medical malpractice lawyer. Our law firm features attorneys with experience in cases like yours who could help you seek the legal recourse you are owed. Contact us today to learn how we could assist you during this difficult time.