Pittsburgh Medical Malpractice Lawyers

What Is Medical Malpractice?

Medical malpractice is an area of law that seeks to hold medical professionals accountable for any harm they cause their patients. It generally involves instances where a healthcare professional deviates from accepted standards of care, resulting in injuries or death to a patient. 

Who Is Liable for Medical Malpractice?

Medical malpractice liability typically falls on healthcare providers, institutions, or entities involved in the patient's care. Here are some common parties that can be held liable for medical malpractice:

• Healthcare Professionals: This includes doctors, surgeons, nurses, anesthesiologists, and other medical practitioners directly involved in the patient's treatment. They can be held liable if they deviate from the accepted standard of care, resulting in harm to the patient.
• Hospitals and Healthcare Facilities: Hospitals can be held liable for medical malpractice if they are found negligent in their hiring, training, or supervision of staff, or if they fail to maintain proper equipment and facilities. They can also be liable for errors in administration, such as medication errors or failure to monitor patients adequately.
• Pharmaceutical Companies: If a medication or medical device is defective or causes harm due to inadequate warnings or instructions, the pharmaceutical company responsible for its production and distribution may be held liable for resulting injuries.
• Medical Device Manufacturers: Similarly, manufacturers of medical devices can be held liable for design defects, manufacturing defects, or failure to provide adequate warnings or instructions for the use of their products.
• Other Healthcare Professionals: Besides doctors and nurses, other healthcare professionals such as pharmacists, physical therapists, and chiropractors can also be held liable for malpractice if their actions or negligence result in harm to a patient.
• Employers of Healthcare Professionals: In some cases, employers of healthcare professionals may also be held vicariously liable for the actions of their employees, particularly if the malpractice occurred within the scope of their employment.
• Government Entities: In cases involving medical care provided by government-run healthcare facilities or providers, such as public hospitals or clinics, the government entity may be held liable for malpractice under certain circumstances.

When determining if a healthcare provider is guilty of malpractice, courts look to see if the professional deviated from the standard of car that would normally be expected under similar circumstances. Standards of care are typically established by law and provide a benchmark against which medical negligence can be judged. If it is determined that a medical professional failed to meet these standards, then they may be held legally responsible for any damages inflicted.

What Do I Need to Prove?

For a malpractice case to be successful, there must usually be proof that the patient was harmed due to the negligence of a healthcare provider. This means demonstrating that the provider's actions fell below the acceptable standard of care and caused injury or harm to the patient. 

More specifically, these three elements must be proven in a medical malpractice case:

• A doctor-patient relationship existed: The law requires that an actual physician-patient relationship had been established and that the doctor knew of the patient's condition. To prove this element, relevant medical records should be obtained to document any interaction between the doctor and the patient. 
• The doctor failed to meet the accepted standard of care: It must be shown that the doctor provided care below what is generally accepted within their profession as appropriate and reasonable for similar cases. Expert testimony from qualified industry professionals is helpful when establishing this fact in court proceedings.
• The patient suffered demonstrable harm as a result of medical negligence: Medical malpractice cases require tangible proof of injury or damage due to negligence on behalf of the medical professional being sued. Pain and suffering alone do not often constitute enough evidence for a successful case. 

Having adequate evidence is vital when attempting to file a successful medical malpractice case, so it is essential to consult with a Pittsburgh medical malpractice attorney who has in-depth knowledge of relevant laws and procedures. Friday & Cox, LLC is available 24/7 to discuss your case.

How Long Do I Have to Sue?

In Pennsylvania, the statute of limitations for medical malpractice cases is generally two years from the date when the injury occurred or when the patient knew or reasonably should have known that the injury was caused by medical malpractice. 

However, there are some exceptions and nuances to this rule:

• Discovery rule: Under the discovery rule, the statute of limitations may be extended if the patient did not immediately discover the injury or its connection to medical malpractice. In such cases, the two-year period begins when the patient reasonably should have discovered the injury and its cause.
• Statute of repose: Pennsylvania also has a statute of repose, which sets an absolute deadline for filing medical malpractice lawsuits regardless of when the injury was discovered. In Pennsylvania, the statute of repose for medical malpractice cases is seven years from the date of the alleged act of malpractice. However, there are exceptions to this rule as well, particularly in cases involving minors or individuals with disabilities.
• Minors: If the injured party is a minor (under the age of 18) at the time of the alleged malpractice, the statute of limitations is typically tolled (paused) until they reach the age of 18. In other words, minors generally have until their 20th birthday to file a medical malpractice lawsuit.

Given the complexity of medical malpractice laws and the various factors that can affect the statute of limitations, it's essential to consult with a Pittsburgh medical malpractice lawyer if you believe you have a claim. Our attorneys at Friday & Cox, LLC can assess the specifics of your situation and provide guidance on how best to proceed within the applicable timeframe.

Do I Need Expert Testimony? 

Yes, in Pennsylvania, expert testimony is typically required to establish the standard of care and to demonstrate how the defendant healthcare provider's actions or omissions breached that standard, resulting in harm to the patient. The expert witness must be qualified in the same or a similar field as the defendant and must provide testimony regarding what a competent healthcare provider would have done in similar circumstances.

Can I Still Pursue a Medical Malpractice Claim If I Signed a Consent Form?

Signing a consent form does not necessarily waive your right to pursue a medical malpractice claim in Pennsylvania. While a consent form may demonstrate that you were informed of the risks associated with a procedure, it does not absolve healthcare providers of liability if they fail to adhere to the standard of care or if they commit negligence during the course of treatment. Each case is unique, and the specifics would need to be evaluated by a qualified attorney.

What If My Family Member Died?

Common Types of Medical Malpractice

Because of the vast range of medical services that exist, there are numerous ways that you can become a victim of medical malpractice. 

Common examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis: This occurs when a doctor fails to diagnose a medical condition on time, preventing the patient from receiving appropriate treatment and possibly leading to severe complications or even death. A delayed diagnosis can also increase the severity of the disease due to the delay in treatment.
• Medication errors: These errors occur when a doctor prescribes incorrect dosages or medications that interact with other drugs the patient may be taking, resulting in adverse reactions or even death. 
• Surgical errors: Surgical errors include operating on the wrong body part, leaving surgical instruments behind during surgery, performing unnecessary surgeries, and making mistakes during routine procedures, such as childbirth or an appendectomy. 
• Anesthesia errors: Anesthesia errors occur when too little anesthesia is administered during a procedure, causing excessive pain for the patient, or when an overdose of anesthesia causes permanent brain damage or death from cardiac arrest or respiratory failure.
• Birth injuries: Injuries to a newborn or mother during childbirth due to medical negligence, including issues like improper use of forceps or vacuum extraction.
• Radiology and imaging errors: Mistakes in reading X-rays, MRIs, or other diagnostic images can result in misdiagnoses or delayed treatment.
• Emergency room errors: Errors that occur in the fast-paced environment of an emergency room, such as miscommunication, misdiagnosis, or delays in treatment.
• Hospital negligence: This can encompass a range of issues, including failure to maintain a safe and clean environment, inadequate staffing, and administrative errors.

Regardless of the form that medical malpractice takes in your case, we will fight vigilantly on your behalf. No one should have to suffer for a mistake their health care provider made, but we can help you seek the fair compensation you are owed. 

Common Causes of Medical Malpractice

Several contributing factors can lead to medical malpractice, and it's often a combination of these factors that contribute to such cases. Here are some of the main contributing factors:

• Negligence: Negligence is a key factor in medical malpractice cases. It occurs when a healthcare provider fails to provide the standard of care expected in their field. This can involve misdiagnosis, surgical errors, medication errors, or failure to properly communicate with the patient.
• Lack of informed consent: Before undergoing medical procedures or treatments, patients have the right to be informed about the potential risks and benefits. Failure to obtain informed consent or adequately explain the risks can lead to medical malpractice claims.
• Communication issues: Poor communication among healthcare providers, including inadequate handoffs or miscommunication of critical patient information, can result in mistakes and adverse outcomes.
• Inadequate training or experience: Healthcare professionals are expected to have the necessary training and experience to perform their duties competently. Inexperienced or undertrained medical staff may make errors that lead to malpractice claims.
• Fatigue and overwork: Long hours, fatigue, and overwork can impair a healthcare provider's judgment and performance, increasing the likelihood of errors.
• Systemic issues: Problems within the healthcare system, such as overcrowded hospitals, inadequate staffing, or faulty equipment, can contribute to errors and malpractice.
• Documentation errors: Incomplete or inaccurate medical records can lead to misdiagnosis, improper treatment, or other mistakes that may result in malpractice claims.
• Failure to follow established protocols: Healthcare providers are expected to adhere to established protocols and guidelines. Deviating from these standards without a valid reason can result in malpractice claims.
• Substandard facilities: In some cases, medical malpractice can occur due to the poor condition of healthcare facilities, outdated equipment, or inadequate resources.
• Inadequate supervision: Failure of supervisors to oversee and correct the actions of healthcare providers can lead to mistakes and malpractice.
• Time constraints: In busy healthcare environments, providers may be under pressure to see a large number of patients in a limited amount of time. This can lead to rushed decisions and inadequate care.
• Emotional or psychological Factors: Healthcare professionals may experience stress, burnout, or emotional distress, which can impair their judgment and performance.
• Drug or alcohol use: Substance abuse among healthcare providers can lead to impaired judgment and mistakes that result in malpractice.

At Friday & Cox, we handle all types of medical negligence cases. Call our medical malpractice lawyers in Pittsburgh today to discuss your options in a free consultation.