What is Considered A Medical Malpractice?

Have you undergone surgery and feel as though your doctor is ignoring you when you tell them that you believe something is wrong? Have you been seeking treatment for an ailment but have yet to find relief with what your doctor prescribed? Did you suffer a severe or adverse reaction from taking medication? If you answered yes to one or more of these questions, you may have been victimized by your healthcare provider. If you or someone you know have suffered an illness or injury to medical negligence or a medical error, then you may be entitled to compensation.

Medical malpractice occurs when a hospital, healthcare professional, or doctor, through a negligent act or omission, causes an injury to the patient. The negligence may result from treatment, diagnosis, aftercare, or health management.

What is the statute of limitations for filing a medical malpractice claim in Pennsylvania?

There are specific time limits for filing a medical malpractice claim in every state. The required elements for a medical malpractice lawsuit are:

• The injury was caused by a medical professional’s conduct.
• There is a causal relationship between the healthcare provider’s conduct and injury.
• The patient was injured.

Minors pursuing a medical malpractice claim have two years after their 18th birthday to file a claim for an injury they suffered when they were younger.

Pennsylvania subjects its medical malpractice lawsuits to a seventeen-year statute of repose. When a person is injured, they may not know that their healthcare provider is responsible for that injury. The statute of repose allows a person to report medical professional conduct within seven years of the date the injury occurred. A medical malpractice attorney in Pittsburgh can give you more information if you are unsure whether you can still file your claim or not.

Types of Medical Malpractice Litigation:

• Nursing home abuse
• Birth injury
• Wrongful death
• Medication or prescription errors
• Blood transfusion errors
• Trauma resulting in cerebral palsy
• Failure to diagnose cerebral palsy
• Failure to diagnose cancer
• Failure to diagnose a heart attack
• Failure to diagnose pulmonary embolism
• Failure to diagnose bone cancer
• Failure to diagnose a life-threatening condition
• Failure to diagnose a birth injury or fatal condition
• Preventable suicide
• Infections related to hospital procedure
• Post-Operative complications
• Surgical error
• Emergency room error
• Stroke misdiagnosis
• Hospital negligence
• Wrongful death
• Failure to correctly evaluate an x-ray

Types of Medical Negligence

• Misdiagnosis or delayed diagnosis
• The wrong medication or dosage
• Incorrect Anesthesia Procedures
• Product liability

It is important to remember that no two medical malpractice cases are the same.

The Journal of Psychiatric Practice provides a concise summary of conditions that constitute the four elements of medical malpractice — referred to as “the four Ds.”

• Duty: The duty of care owed to patients
• Dereliction: Or breach of this duty of care
• Direct Cause: Establishing that the breach caused injury to a patient
• Damages: The economic and non-economic losses suffered by the patient due to their injury or illness.

As they pursue compensation for their client, a lawyer will seek evidence to show that these four elements of medical malpractice cases exist.

Who Can Be Sued For Medical Malpractice?

Any healthcare provider that has contributed to wrongdoing that caused your injuries are liable to be sued for medical malpractice, regardless of what they practice. The criteria are as follows:

• There was an injury to the patient
• There is a direct causal relationship between the healthcare professional’s conduct and the patient’s injury.
• There was a breach of trust when the healthcare professional deactivated from the standard level of care owed to the patient.
• There existed an established provider-patient relationship.

What Happens In Court?

A plaintiff will have to prove to the courts that a damaging outcome would not have been a result had it not been for the healthcare worker’s negligence.