Pittsburgh Medical Malpractice Lawyer

Trusted Medical Malpractice Attorney in Pittsburgh, PA

When you go to the doctor, you are placing your health and safety in their presumably competent hands. Unfortunately, the trust we place in medical practitioners isn’t always warranted, and physician negligence often leads to avoidable injuries and negative health outcomes for patients. If you’ve found yourself in this difficult position, you can work with a Pittsburgh medical malpractice lawyer to receive recompense for the harm you have suffered.

You Can Trust SMT Legal With Your Case

The team here at SMT Legal offers legal experience paired with personalized attention. We are highly connected within the legal community and respected by our peers. Our team has the capacity to take on high-value, complex medical malpractice cases that other firms routinely turn down, so don’t be afraid to come to us with your case. 

Why Hire a Medical Malpractice Lawyer?

There are 42 hospitals in the greater Pittsburgh region, including major facilities like UPMC Presbyterian and J.W. Ruby Memorial Hospital. Many of these facilities are known for providing exceptional care, but unfortunately, medical malpractice can occur even in a well-staffed and highly professional environment. Whether your claim originated in an emergency room or a local clinic, you can hire a medical malpractice lawyer to help you hold the facility accountable.

Now is not the time to worry about learning how to negotiate with insurance companies or make a robust case in court. You can leave all of the details of your claim, from gathering evidence to hiring expert witnesses, to your attorney so that you can focus on healing from your injuries and protecting your health moving forward. Working with a lawyer is the most effective way to improve your chances of a successful outcome in your claim.

What Is Medical Malpractice?

Medical malpractice claims are based on the theory of negligence. They presume that a doctor or other healthcare provider owes a duty of diligence to their patients and show that the provider breached that duty of diligence, leading to the patient’s compensable injuries. Successful medical malpractice claims offer compensation for both tangible losses like medical bills and lost income and intangible damages like physical distress and emotional suffering. 

Common medical malpractice examples include:

• Surgical errors. Surgical errors range from events like amputating the wrong limb or performing surgery on the wrong patient to leaving instruments inside the patient.
• Medication errors. Prescribing the wrong medication can cause significant harm, particularly if the patient experiences an allergic reaction or a worsening of their underlying condition due to a lack of treatment.
• Failing to diagnose. Such claims can be difficult to prove, as they require showing that another competent doctor in similar circumstances would have been able to supply a correct diagnosis. Since many diagnoses share multiple overlapping symptoms, it is difficult to show that they should have been obvious.
• Post-surgical infections. Surgeons must take steps to prevent infections by sterilizing their operating rooms and providing adequate post-care instructions. Unfortunately, it can be difficult to prove the source of an infection.
• Medical battery. If a healthcare provider lies to a patient to secure their consent for a procedure, it could be considered medical battery. Doctors must accurately explain procedures, medications, and their associated risks to patients before obtaining informed, voluntary consent.

Because medical malpractice cases can be difficult to prove, it’s essential that you work with a Pittsburgh medical malpractice attorney who is experienced in this field. We have secured substantial settlements for the victims of medical malpractice in the Pittsburgh community.

Challenges Associated With Medical Malpractice Claims

To successfully file a claim of medical malpractice, you must provide four proofs of negligence:

1. Duty of diligence. Doctors and other healthcare providers must adhere to the obligation of diligence established for their field when providing care to patients. To prove that the doctor owed you a duty of diligence, you must show that you were their patient.
2. Breached duty. You must also show that the provider did not act in line with the accepted obligation of diligence when providing you with treatment, which can be difficult. We can hire expert witnesses to testify to the obligation of diligence within the provider’s specialty.
3. Causation. You must show that your injury or worsening health condition was directly due to the provider’s breach of their duty, which can also be challenging if you suffer from other underlying conditions that could conceivably have contributed to your adverse health outcome.
4. Damages. You must prove that you suffered compensable harm because of your injuries. Damages can include things like hospital bills and lost wages in addition to physical distress and emotional suffering and other intangible losses.

We can study your medical record, consult with professionals in the field, and help you gather the evidence required to prove these four elements of a negligence claim. We have taken on many complex cases and helped clients obtain substantial settlements for serious medical errors.

Who Could Be Held Accountable?

When people think of medical malpractice claims, most imagine them to be filed against doctors, and they often are. In addition to physicians, other healthcare providers can also be held accountable for negligence, and more than one provider may be responsible for an individual instance of patient harm. Potential defendants in medical malpractice claims include:

• Surgeons
• Specialists
• Registered nurses
• Practical nurses
• Anesthesiologists
• Medical technicians
• Pharmacists
• Psychiatrists
• Dentists

Hospitals and other healthcare facilities can also be held accountable for medical malpractice. These facilities are responsible for the actions of their employees while they are on the clock and fulfilling their work-related duties.

Types of Damages Available

There are three primary types of damages available in medical malpractice cases:

1. Economic damages. These include things like hospital bills related to your injury or worsening condition and lost earnings or future income, should the injury cause a permanent disability.
2. Non-financial damages. These include intangible harms, such as physical distress and emotional suffering, and mental anguish.
3. Punitive damages. These are meant to punish exceptionally reckless behavior. A percentage of punitive damages in Pennsylvania goes to the state’s Medical Care Availability and Reduction of Error (MCARE) fund, but you should receive the bulk of the money.

There are no caps on economic or non-financial damages for medical malpractice in Pennsylvania. However, the MCARE Act places a cap of 200% of the compensatory damages on punitive damages for cases of medical malpractice.

Identifying 100% of your damages is an essential aspect of getting you fully compensated for the harm you have suffered. You can trust your attorney to help you determine the full amount of your damages and gather the evidence required to prove them in court.

Evidence Required for a Medical Malpractice Claim

Your attorney can help gather the evidence required to prove all four elements of a medical malpractice claim. That evidence could include:

• Proof of the provider-patient relationship. If a doctor began treating you, it’s easy to prove the physician-patient relationship existed. The most common issue here is when a doctor does not begin treatment. You generally cannot file a case against a non-treating provider in Pennsylvania.
• Evidence establishing the healthcare provider’s negligence. An adverse health outcome does not necessarily mean that medical malpractice occurred.
  
  To prove that it did, you’ll need to provide evidence that shows that the appropriate medical obligation of diligence was not met and show how the defendant’s care fell short. This generally requires the help of an expert witness familiar with the commonly held obligation of diligence in the field.
• Proof that the negligence led to an actual injury. It can be difficult for a patient who is already sick or injured to bring a successful medical malpractice claim because you must prove that the doctor’s conduct actually caused the harm. This requires a careful analysis of the patient’s medical record.
• Evidence of damages. Evidence that proves damages can include things like hospital bills, out-of-pocket expenses related to medical care, and pay stubs to prove lost wages.

The exact type of evidence required to prove your case could vary depending on the specifics of your claim. Witness statements can also be helpful.

When to Take a Medical Malpractice Case to Court

Many medical malpractice cases settle outside of court, but some providers choose to take claims to trial. According to research, 96.9% of medical malpractice claims are settled outside of court. Of those cases that go to trial, 80% to 90% are dismissed with no settlement. As you can see, taking a medical malpractice claim to court can be a risky proposition. You may stand to increase your settlement, but you could also walk away with nothing.

You can trust an experienced trial lawyer to give you an objective opinion about whether it makes sense to take your case to court. To succeed at trial, you need strong evidence proving liability and the extent of your damages.

Factors That Influence the Value of a Claim

Whether your claim is settled in negotiations or via a courtroom trial, there are several factors that could influence what it is worth. They include:

• The egregiousness of the provider’s error
• The severity of the harm you suffered
• The availability of liability insurance coverage to pay for a settlement
• Your attorney’s skill in negotiating with insurance companies

If you want to get a clear idea of what your case could be worth, you can do so by scheduling a consultation with one of the dedicated personal injury lawyers at our office. We can review the details of your claim and the strength of the evidence to determine a full settlement amount and help you evaluate offers made by the liable party’s insurance company so that you get fairly compensated.

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FAQs

Is It Worth Filing a Claim for Medical Malpractice?

A: It is worth filing a claim for medical malpractice if you experienced a serious injury or adverse health outcome because of a healthcare provider’s negligence. Not all poor outcomes are related to negligence. If you’re not sure whether you have a viable medical malpractice claim, contact our office to discuss the specifics of your claim with a lawyer.

What Is the Average Amount of a Medical Malpractice Settlement in Pennsylvania?

A: An average amount from a medical malpractice settlement does not exist in Pennsylvania. Every medical malpractice case is different, and so is every settlement. We were able to recover $412,500 for the family of a man who died because of medical malpractice, but your compensation may be higher or lower depending on the extent of your injuries, percentage of liability, and other factors.

What Are the Odds of Successfully Filing a Medical Malpractice Claim?

The odds of successfully filing a medical malpractice claim vary. Medical malpractice claims can be difficult, especially because hospitals and other healthcare facilities have teams of lawyers at their disposal to argue against claimants and minimize payments. You can improve your odds of success by hiring a Pittsburgh medical malpractice attorney to help.

How Long Can You Wait to Start a Case for Medical Malpractice in PA?

You must file a case for medical malpractice in PA within 24 months, but we advise against waiting until that time limit is approaching to file your claim. Contacting a lawyer and filing your claim as quickly as possible after the event occurred means that your memory of the incident should be clear, and it should be easier to find the evidence required to prove your case.

Your Pittsburgh Medical Malpractice Lawyer

If you’ve suffered a serious injury because of a doctor or another healthcare provider’s negligent provision of care, you can work with a Pittsburgh medical malpractice lawyer to recover damages. The team here at SMT Legal can help.

With eight personal injury lawyers on our team, we have what it takes to confidently tackle even complex medical malpractice cases. When you work with us, you can expect to receive personalized attention and direct communication from your attorney. 

Our extensive negotiation and litigation experience, combined with our strong ties to the Pittsburgh community and local legal system, place us in an ideal position to offer comprehensive legal services. Contact us to schedule a consultation, or call attorney Christopher Thomas at 412-448-6887 today.