Negligence in Healthcare Defined

There are two very broad categories that most negligent treatment cases will fall into:

1. Negligent Diagnosis
2. Mistakes in Treatment

Examples of Negligence

Negligence may stem from failure to follow-up on test results or incorrectly interpreting test results. Doctors may not conduct a complete physical exam or recognize symptoms early enough or obtain a patient’s medical history, resulting in a worsening condition for the patient. These categories cover a wide variety of errors and mistakes made by medical providers. Some negligent acts include:

• Misdiagnosis
• Failure to Diagnose
• Hospital or Emergency Room Errors
• Failure to Treat
• Improper Prescription of Medication, Prescription Errors, Wrong Medication
• Misreading Tests, Scans and/or Radiology Reports
• Nursing Home Neglect / Abuse
• Elder Abuse

Compensation for Negligent Care

You place your trust in medical professionals to care for you and treat you in a reasonable and expert manner. When they fail to provide at least standard care, they can, and should, be held accountable. In order to win a case for negligent care, the burden is on the patient to prove that there was a violation of the standard of care.

There are three (3) criteria that must be met in order to prove negligent care:

• The doctor or healthcare provider must have owed you a duty to act within the appropriate standard of care;
• The provider must have breached that duty of care; and
• The patient must have sustained an injury as a direct result of said breach.

The first step in any medical malpractice case is to obtain a Certificate of Merit from an expert in the medical field with the necessary credentials. This expert must review the facts of your case and be willing to testify that the medical provider’s actions in your case were negligent and/or violated the standard of care.

In the Commonwealth of Pennsylvania, you have up to two (2) years to file a medical negligence claim. This two (2) year clock begins to run when you discover, or should have reasonably discovered, that you suffered an injury as a direct result of the negligent medical treatment.

It is important to note that informed consent does not negate your right to a medical malpractice claim for negligent care.

Informed consent simply notifies the patient of the care to be provided and any known risks associated with treatment. Should the medical provider act in a negligent fashion when providing said care, you are within your rights to seek compensation.

We are here to help answer your questions and provide the assistance you need in order to get the maximum compensation that is owed to you, including:

• Past and future medical expenses
• Current and future lost wages
• Emotional distress
• Pain and suffering
• Loss of quality of life