Filing a Medical Malpractice Claim in Pittsburgh
At the medical malpractice law offices of SMT Legal, we see many people and children who have unfortunately been victims of negligent medical care and are seeking answers to many questions. Our medical malpractice lawyers in Pittsburgh are compassionate, aggressive, and experienced in winning medical malpractice claims for our clients.
Types of Medical Malpractice Cases
Our medical malpractice lawyers are available to help answer your questions in all types of medical malpractice cases. Some of these cases include:
- Misdiagnosis and Failure to Diagnose
- Surgical Errors and Botched Surgeries
- Emergency Room Errors (including Failure to Admit)
- Birth Injuries
- Burn Injuries
- Brain Injuries
- Cerebral Palsy
- Spinal Cord Injuries
- Pulmonary Embolism
- Hospital Negligence
- Nursing Home Neglect & Abuse
- Shoulder Dystocia
- Pharmaceutical Injuries
- Faulty Medical Devices
- Medication Errors (Overdosing and Wrong Prescriptions)
- Anesthesia Mistakes
- Gross Negligence / Negligent Care
- Wrongful Death
Who Can Be Sued For Medical Malpractice?
We asked our Pittsburgh medical malpractice lawyer from SMT Legal to explain liability for medical malpractice in our country. Depending on the circumstances of your case, multiple parties – such as a nurse, physician assistant, and the hospital – can be named as liable parties in a medical malpractice claim.
Under medical malpractice law, any medical specialist or entity whose negligence or wrongful conduct caused or contributed to a patient’s injury can be held accountable. The list of medical professionals and healthcare providers who can be sued in a medical malpractice lawsuit includes but is not limited to:
- Physician assistants
- Hospital staff
- Manufacturers, retailers, distributors, and sellers of medical equipment and tools
- Medical transport teams
- ER personnel
What is the Statute of Limitations for Medical Malpractice Claims in Pennsylvania?
In Pennsylvania, an injured patient has two years to file a medical malpractice claim, while this two-year countdown begins on the date the patient discovered or reasonably should have discovered the injury. There are two exceptions to the statute of limitations for medical malpractice claims in Pennsylvania:
- The “fraudulent concealment” exception, which may apply if the negligent, reckless, or careless healthcare provider fraudulently concealed the fact of injury; and
- The “victim is a minor” exception, which may apply if the victim was a minor when the act of medical malpractice occurred. In that case, the two-year countdown begins on the date the victim turned 18.
It’s best to consult with an experienced medical malpractice attorney in Pittsburgh or elsewhere in Pennsylvania to figure out whether or not you are eligible to file a medical malpractice claim. Your lawyer might be able to help you pursue compensation even if the statute of limitations expired.
What Types of Medical Malpractice Damages Are Recoverable?
An injury or disability caused by a medical mistake can affect every aspect of your life, including your enjoyment of daily activities, personal life, and your ability to earn a living. Therefore, seeking full and maximum compensation for your medical malpractice injury is very important.
When consulting with a Pittsburgh medical malpractice lawyer from SMT Legal, you will get a full and thorough evaluation of your case. Our attorney will determine all types of damages that may be available in your case as well as the total value of the recoverable damages. Generally, there can be two types of damages in a medical malpractice case, economic and non-economic:
- Economic damages: which compensate the victim for verifiable financial losses such as medical expenses, loss of income, diminished earning capacity, the cost of nursing care, rehabilitation, and other quantifiable cost related to an identifiable source or asset.
- Non-economic damages: which relate to unquantifiable costs from an identifiable source. For example, pain and suffering, emotional distress, disfigurement, loss of companionship, mental anguish, and other non-tangible damages are considered non-economic damages.
Unlike other states, Pennsylvania does not limit either economic or non-economic damages in medical malpractice cases. However, there are very specific limits on awards relating to “punitive damages,” which are the third category of damages imposed to punish a negligent, reckless, or careless doctor for particularly outrageous or dangerous behavior, according to all Law.
Fact: Pennsylvania is the third in the state rank of the average annual per-capita medical malpractice costs for all medical professionals in the U.S., accounting for nearly $27.
Under Pennsylvania law, a victim of medical malpractice who received an award must be paid in installments if the “future damages” in his or her case total more than $100,000. Call our Pittsburgh medical malpractice attorneys at SMT Legal for a free case evaluation.
Some Questions You May Be Asking If You Suffered From Medical Malpractice Injuries:
- Why did my condition grow worse after this procedure?
- Did our doctor make a mistake during surgery causing further complications?
- Why was I misdiagnosed and how do I know who was responsible for the misdiagnosis?
- Why wasn’t cancer diagnosed sooner?
- How do I prove the medical staff was negligent in their duties? Who do I report this to?
- What is the difference between an honest mistake and pure negligence?
Our compassionate and aggressive personal injury attorneys can help you answer some of these questions and help you determine whether you have a medical malpractice case. All consultations are free and we work on a contingency fee basis, which means we do not collect any fees unless we make a recovery for you.
There is no cost to speak with our experienced medical malpractice attorneys who are committed to helping victims and their families find answers and cope with their struggles. Contact us today.
The trust that patients put into medical professionals to care for their wellbeing and their loved ones’ wellbeing should never be compromised. But when it is there are legal actions that can be taken to ensure that those who are not doing their jobs properly are held accountable.
Our medical malpractice attorneys are here to answer your questions and provide advice about which options may be available in order for you to try to make a recovery for your pain and suffering or other damages.
Pittsburgh Medical Malpractice Attorneys
U.S. doctors are paid from $156,000 to $315,000 per year for a reason. Medical professionals have the most important job in the world, as millions of patients across the U.S. are entrusting their health and safety to doctors each year.
Still, hundreds of thousands of people get injured and die due to medical errors each year. Luckily, Pennsylvania medical malpractice law imposes a heightened duty of care on doctors, nurses, hospitals, and all other medical professionals and healthcare providers.
According to the True Cost of Healthcare, there are approximately 8,500 paid medical malpractice claims per year. The same report revealed that the victim was awarded $500,000 in only about 2,500 of these claims, and the vast majority of these half-million-dollar-plus settlements were possible because the plaintiff was represented by a medical malpractice lawyer.
At SMT Legal, our personal injury attorneys are aggressive and compassionate attorneys who will give your case the personal attention it deserves. Our primary goal is to get the maximum compensation you deserve. We handle all medical malpractice cases on a contingency basis, which means we do not get paid unless we win your case. Contact us to learn more about your options.