We all depend on our doctors to provide a standard of care based on their knowledge and experience. But what if a negligent doctor fails to uphold that standard of care and harms you in the process? It could be an actionable claim for medical malpractice.
A medical malpractice claim isn’t about ruining a doctor’s reputation or driving them out of the profession. The results of any med mal claim are about providing compensation for the patient who suffered harm.
Since 1978, the attorneys at Shrager, Sachs, & Blanco have been fighting for clients who have been severely injured due to medical mistakes. We understand the complexities of these types of cases and know what it takes to achieve a successful outcome. Your claim will be supported by an experienced Norristown medical malpractice lawyer.
If we believe a case has merit, we can discuss all the options for moving forward.
What Is a Certificate of Merit?
Before you can move forward with your medical malpractice claim, Pennsylvania law requires you to obtain a certificate of merit. This certificate is prepared by a certified medical practitioner who practices in the same field related to your incident.
The certificate will contain the following information:
- A list of all the medical records reviewed by the medical practitioner
- An opinion on the medical standard of care that was lacking
- An explanation of how the negligence caused injury to the patient
- A summary of the medical practitioner’s reasoning
There is also a time constraint with the certificate. You must file the certificate of merit within 60 days of the submission of your medical malpractice complaint. If there are multiple medical professionals named as defendants in your complaint, you need to obtain a certificate for each professional.
What Are the Common Types of Medical Malpractice?
When preparing your claim, you need to detail the specific type of medical malpractice that you’ve suffered from. You also need to provide the proper evidence to support your claim. Which of the following common types of medical malpractice relate to your claim?
Misdiagnosis or Delayed Diagnosis
A misdiagnosis or delayed diagnosis happens when a healthcare provider fails to assess your medical condition properly. There can also be issues with not providing that diagnosis in a timely fashion.
When a doctor misses something about a particular ailment or delays treatment, it can lead to harm.
Birth Injuries
A birth injury can occur when an OB/GYN, nurse, or other staff member is negligent during the delivery of a baby. Those negligent acts can impact the health of the mother or the child. A birth injury can lead to corrective surgery or a lifetime of care. These are situations that can quickly drain a family’s financial resources.
Prescription Medication Errors
There are hundreds of medications available to doctors to prescribe to their patients. That requires extensive knowledge of those medications and all the possible side effects. The wrong dosage that is prescribed by a doctor or provided by a pharmacist can lead to serious health problems.
Surgical Errors
There are strict procedures to follow for any surgical procedure. Any deviation from those procedures can lead to harm to the patient. Those deviations include operating on the wrong side of the patient, performing the incorrect procedure, or leaving instruments behind in the patient.
Anesthesia Errors
Anesthesia is utilized for every surgical procedure. That is administered by a certified anesthesiologist. Much like prescription medications, the wrong dosage of anesthesia can lead to complications with the surgical procedure and trigger cardiac arrest or brain trauma.
Emergency Room Errors
Regardless of the time you visit a hospital emergency room, you will find multiple patients with varying levels of need. An ER is considered one of the most stressful workplaces. It often requires instant diagnosis for multiple patients. If a doctor misses the underlying problem or releases the patient too soon, there can be legitimate harm.
Medical Device Errors
There are many medical devices, such as pacemakers, stents, and hip replacements, that have been proven to be defective at times. If a doctor uses one of those defective devices, they and the manufacturer can be held liable for any harm.
Can a Hospital Be Sued for Malpractice?
When a medical professional’s negligence harms someone, that practitioner becomes the focal point for any claim. However, they aren’t the only potentially liable party.
Depending on the circumstances, you could add the hospital facility as a named defendant. That would be applicable if the hospital did not thoroughly verify the certifications and licenses of the staff it hires.
That includes checking on the credentials of any independent contractor.
There could also be issues with failing to uphold safety protocols, particularly in preventing the spread of viruses and infections. If a hospital fails to properly maintain a patient’s records, it could also be liable for malpractice.
What Types of Damages Can You Recover?
The damages you can receive for a medical malpractice lawsuit begin with any medical expenses associated with your injury. This can include corrective surgery, medication, and compensation for lost wages. In several cases, a doctor’s negligence can lead to long-term care that also requires costly care.
You are also entitled to seek compensation for pain and suffering that you endured because of the injury. That pain and suffering can also include emotional distress and the loss of enjoyment of life.
If malpractice leads to a wrongful death, the surviving family member can be eligible for compensation that covers medical and funeral expenses in addition to loss of future earnings. If your claim goes to civil court, your jury could also award punitive damages. These are intended to punish the defendant for a particularly egregious act.
Norristown Medical Malpractice Lawyer: Frequently Asked Questions
If you are dealing with an injury from an incident of medical malpractice, you need to understand what options are available for pursuing compensation. The Norristown medical malpractice lawyer at Shrager, Sachs, & Blanco can provide you with the support you need to make an informed decision about your claim.
That begins with the following answers to these frequently asked questions:
What’s the time limit to sue a doctor?
The statute of limitations in Pennsylvania for a medical malpractice case is typically two years from the date of the injury or the date you discovered the harm. If wrongful death is involved, the time begins on the date of the patient’s death.
In addition, laws often change. In 2019, the Pennsylvania Supreme Court issued an important ruling that gave patients and their families more time to sue in medical malpractice cases.
Will I have to testify in court?
If there is resistance from the doctor or the hospital’s insurance carrier, we may advise filing a civil complaint, which would involve taking the case to court. That will include presenting your story and evidence of the malpractice to a jury. Your testimony will be an important part of that presentation. We will fully prepare you to share your story.
Why do medical mistakes happen?
There are several reasons why medical mistakes occur. You’ll need to isolate those reasons to establish your claim. Those mistakes can be a combination of communication errors between the staff. They also happen to be due to human error. Suppose the doctor is fatigued or distracted when performing a procedure, which can lead to harm. In extreme cases, a doctor could be found operating under the influence of drugs or alcohol.
Can I still file a claim if I signed a waiver?
Signing a consent form does not automatically preclude you from filing a medical malpractice claim. There could be errors with the waiver if it doesn’t clearly state the risks of a procedure or inform you of the possible side effects. Even if the waiver is not in error, that doesn’t absolve your doctor from committing any error.
Should I accept the first settlement offer?
There are some extreme cases of medical malpractice where the defendants simply want the matter to go away. That could lead them to offering a fast settlement. You have to consider if it is a fair settlement. Will it cover all your expenses? Does it take into account your pain and suffering?
These are the types of scenarios you should discuss with our attorneys. We can present you with all the possible outcomes for your claim, and if we think the settlement is what you need to resolve the issue.
How Shrager, Sachs, & Blanco Can Help with Your Medical Malpractice Claim
When you need an advocate for your medical malpractice claim, you need to consider the experience of the law firm. At Shrager, Sachs, & Blanco, we’re proud of the many millions in settlements we have secured for our clients. While there is no guarantee of a final settlement amount, we understand what it takes to prevail in these cases.
We have a network of medical professionals that we call on to provide the vital certificate of merit for a claim. We might also call on these experts to provide testimony in court. We bring our decades of negotiating and litigating skills into every claim.
If you’re experiencing any issues with a medical professional, we want to hear from you. Call our offices for a free case evaluation with our Norristown medical malpractice lawyer. You don’t have to go through this trauma alone.
