Medical Malpractice

What is medical malpractice?

Essentially, medical malpractice, or medical negligence, is the failure of a physician, or other health care provider, to properly treat a patients medical condition, thereby causing additional injury to the patient. Medical malpractice may present itself in a variety of situations such as, mistaken or delayed diagnoses, surgical error or incorrect course of medical treatment.

How does medical malpractice occur?
A physician has a duty to conduct him or herself as any other reasonable physician would. A physician has the obligation to tend and treat a patient, to consult with other physicians if appropriate, to maintain adequate records, and to advise a patient of any risks involved in a particular form of treatment. This concept is sometimes referred to as the standard of care. Medical malpractice occurs when the physician breaches or violates the standard of care.

How do I know if my physician was negligent?
In Pennsylvania, the testimony of an expert witness is necessary in establishing whether or not a physician was negligent in the treatment and care of a patient. The expert witness is generally a physician having similar skill and background as that of the physician whose treatment is being questioned. The expert witness will review your medical background and treatment history, and will often perform his or her own medical examination. Based upon this information, the expert witness will provide your attorney with an opinion as to whether or not medical malpractice has occurred.

What should I do if I suspect my physician has been negligent?
You should consult with an attorney who is experienced in medical malpractice claims as soon as possible. Because medical malpractice cases are among the most complicated and expensive legal actions, it is always best to obtain legal representation quickly. Additionally, you should begin keeping an accurate record of events as they occur, which includes documentation of the injuries you believe have been caused by medical negligence, and, if your injuries are observable, it is often a good idea to take some photographs which can later serve as valuable evidence in your case. Keeping a list of your medical providers, along with their addresses, will also aid your attorney in obtaining medical records necessary to your claim.

How much time do I have to pursue a medical malpractice claim?
Each state has what is referred to as a Statute of Limitations, or time period within which a malpractice claim must be brought. While the Statutes of Limitation vary from state to state, victims of medical malpractice in Pennsylvania generally have two years from the occurrence of the malpractice in which to file a claim. Because it is sometimes difficult, or even impossible, to determine that malpractice has occurred, individuals, in some circumstances, are granted two years from the date that they first knew or should have known of the malpractice to file a lawsuit.

How much will it cost to have an attorney review my case?
One of our attorneys will be happy to review your claim at no cost to you. If, following the initial consultation, a decision is made to pursue a claim in your behalf, fees will be assessed on a contingency basis. This means that your attorney will receive a percentage of the amount ultimately recovered in your case. Costs for things such as filing fees, medical records and expert witnesses will be paid for in advance by our office, and we will receive reimbursement for those items at the time of recovery. If there is no recovery, you will not be charged a fee and you will not be responsible for the reimbursement of any costs advanced.

Hours

Monday8:30AM - 5:00PM
Tuesday8:30AM - 5:00PM
Wednesday8:30AM - 5:00PM
Thursday8:30AM - 5:00PM
Friday8:30AM - 5:00PM
SaturdayCLOSED
SundayCLOSED

CONTACT US

Irwin Office

226 Main Street, Suite 1,

Irwin, PA 15642

Phone. 724-836-0700

Fax. 724-836-1995

Email. info@damdpc.com

Leechburg Office

157 Market Street,

Leechburg, PA 15656

Phone. 724-845-8339

Fax. 724-836-1995

Email. info@damdpc.com

Greensburg Office

11 North Main Street,

Greensburg, PA 15601

Phone. 724-836-0700

Fax. 724-836-1995

Email. info@damdpc.com