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(610) 667-7511
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(610) 667-7511
If paralysis results from medical malpractice, an injured patient may be able to recover compensation for medical expenses, lost income, reduced earning capacity, rehabilitation costs, pain and suffering, and other losses recognized under Pennsylvania law. To recover, the evidence generally must show that a healthcare provider failed to meet the accepted standard of care and that this failure caused or substantially contributed to the paralysis.
Paralysis can affect nearly every part of a person’s life. A spinal cord injury, brain injury, or nerve damage may require ongoing medical treatment, rehabilitation, assistive equipment, home modifications, and personal care. When paralysis is caused by medical malpractice, these losses may become part of a claim for compensation.
Not every case of paralysis results from medical malpractice. Some neurological injuries occur despite appropriate medical care. Determining whether compensation may be available requires a careful review of the medical records, the circumstances surrounding the injury, and whether the healthcare provider met the accepted standard of care.
Compensation for malpractice-related paralysis may include both economic and non-economic damages. Economic damages compensate for measurable financial losses, while non-economic damages address the personal effects of living with paralysis. The damages available depend on the facts of each case, and not every claim includes every category of compensation.
Paralysis often leads to substantial medical costs that extend well beyond the initial hospitalization. Depending on the circumstances, compensation may include:
Future medical expenses are often a significant part of a paralysis claim because ongoing treatment and support may be needed for many years.
Many people living with paralysis are unable to return to work immediately, and some cannot return to the same occupation.
Compensation may include wages lost during recovery as well as reduced earning capacity if the injury permanently limits a person’s ability to work. Vocational experts and economists may help estimate how the injury is likely to affect future earnings.
Compensation may also address losses that cannot be measured by medical bills or pay records alone. Pennsylvania law may allow recovery for physical pain, emotional distress, loss of independence, and the ways paralysis changes everyday life.
Compensation is based on the unique facts of each case rather than a standard dollar amount. Courts and insurers generally consider both losses that have already occurred and those that are reasonably expected in the future. Factors such as the severity of the paralysis, future medical needs, age, employment history, and the long-term impact on daily life can all influence the value of a claim.
Attorneys, medical experts, and financial professionals may work together to estimate future losses, including:
For example, someone who requires full-time assistance may have substantially higher lifetime expenses than someone who remains largely independent. Likewise, a younger person may experience a longer period of reduced earning capacity.
Receiving compensation requires more than showing that paralysis occurred. An injured patient generally must prove that a healthcare provider failed to meet the accepted standard of care, that the failure caused or substantially contributed to the paralysis, and that the injury resulted in measurable damages.
Medical experts often help evaluate whether the care met accepted medical standards and whether the alleged error caused the neurological injury. At Lowenthal & Abrams, our team includes a medical doctor and a nurse who help evaluate medically complex matters like these.
Strong evidence helps establish both whether malpractice occurred and how paralysis has affected the patient’s life. Medical records, expert opinions, and financial documentation can help establish liability and demonstrate the full extent of the damages.
Evidence may include:
Patients and families may also keep records of expenses related to home modifications, mobility equipment, transportation, and caregiving services.
Possibly. In Pennsylvania, the spouse of a person paralyzed by medical malpractice may be able to bring a loss of consortium claim for the loss of companionship, support, and household help caused by the injury. This claim is generally tied to the injured patient’s own case, and whether it applies depends on the facts.
A paralysis injury often affects spouses, children, and other loved ones who take on caregiving responsibilities or experience significant changes in family life. After reviewing the facts of the case, an attorney can explain whether Pennsylvania law recognizes any additional claims.
Waiting too long to investigate a potential malpractice claim can make it more difficult to preserve evidence and protect your legal rights. Medical records, witness recollections, and expert evaluations are often easier to obtain earlier in the process. Pennsylvania’s statute of limitations generally gives adults two years to file a medical malpractice claim, although the discovery rule may affect when that period begins.
If you believe paralysis may have resulted from a preventable medical error, an attorney can review the available information, explain how the law applies to your situation, and discuss whether further investigation is appropriate.
Paralysis can leave patients and their families facing lasting physical, emotional, and financial challenges. If you believe a healthcare provider’s negligence may have contributed to your injury, Lowenthal & Abrams can review what happened, explain whether medical malpractice may have occurred, and discuss the types of compensation that may be available based on your circumstances.
We offer free consultations and handle medical malpractice cases on a contingency fee basis, which means there is no upfront cost to hire our firm and no attorney fee unless we recover compensation for you.
To speak with the team at Lowenthal & Abrams, call (610) 667-7511 to schedule your free consultation.
LOWENTHAL AND ABRAMS, P.C.
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