Pennsylvania Medical Malpractice Attorneys
Philadelphia – Harrisburg – Scranton – Pittsburgh – Erie
When your doctor, hospital or other medical professional is negligent and hurts you, it is called medical malpractice. At Lowenthal & Abrams, we have been helping victims of medical negligence for over 30 years. Our lawyers include award winning Pennsylvania medical malpractice attorneys, like Dennis Abrams, who has settled cases in excess of $11 million for his clients.*
What is Medical Malpractice in Pennsylvania?
The Specifics: What is Required for a Claim?
Not every mistake is medical malpractice. Doctors, nurses, radiologists and everyone else in the medical community are human beings and mistakes happen. Medical mistakes are only considered malpractice under a very specific set of circumstances.
- Did the doctor owe you a duty of care?
A duty of care means that the doctor, nurse, hospital, etc. has an obligation to you. If you go to a doctor or hospital for treatment, you are owed a duty of care. This is the most straight forward of the requirements.
- Was the standard of care violated?
The standard of care is the level at which a doctor, nurse or other medical expert is supposed to treat you. Medical experts are supposed to conduct themselves in certain ways when confronted with certain types of injuries or illnesses. For example, if someone is showing symptoms of a heart attack, the hospital has procedures it is supposed to follow. If the hospital does not follow the procedures, it did not follow the standard of care. Your lawyer must be able to prove that when your doctor made a mistake, he violated the standard of care. Part of proving this factor is obtaining a medical expert who is willing to state that the standard of care was violated in your case.
- Were you Injured?
You must have suffered actual, physical injuries to sue for medical malpractice in Pennsylvania. If the doctor violated the standard of care, but you did not suffer an injury, you do not have a claim. Keep in mind, the injury needs to be relatively serious to support a claim. Unfortunately, these cases are very costly and without a serious injury the cost of bringing the suit will be greater than your ability to recover.
- Did the Violation of the Standard of Care Cause the Injury?
If your doctor made a mistake, the injury you suffered has to be directly related to the violation of the standard of care. If a doctor failed to order an xray when the standard calls for one, but you were not made worse because of this, the lack of an xray is irrelevant to your case. But if your doctor sent you home in the middle of a heart attack because he failed to order the right tests, and your heart attack was worse because of this, then the violation of the standard of care can be directly related to your injury.
In order to be successful, your Pennsylvania medical malpractice lawyer needs to be able to prove that your injury was directly caused by the mistake the doctor made. That is why having both a doctor and nurse on staff makes Lowenthal & Abrams well equipped to handle medical malpractice cases. We can make these kind of determinations right in house. In addition, in order to file suit on your behalf, we must be able to obtain a medical expert who is willing to state that the violation caused your injury.
Limited Time to Sue
One thing you need to know is that you have a limited time period in which to sue if your doctor made a mistake. This time period is called the statute of limitations. In Pennsylvania and New Jersey that is a two year period. In New York, the time period is two and a half years. There are exceptions for children, and also for people who did not discover the malpractice right away. The discovery rule, as it is called, can be an uphill battle, so it is best that you contact us as early as possible. Also, the more time you give your lawyer to make your case, the better. If you do not file suit in time, you are completely barred from suing.
Let Lowenthal & Abrams Help You
If you believe that you or a loved one have been a victim of medical malpractice in Pennsylvania, New Jersey or New York, please contact the attorneys at Lowenthal & Abrams. We handle major claims and have won substantial verdicts and settlements for our clients. We provide aggressive representation to each and every client and are never afraid to go to court when the insurance company won’t offer the compensation you and your family deserve.
When you contact us, we will discuss your case with you and give you an honest opinion. There is no charge to talk with us. Our number is 888-979-7298.
What Kinds of Cases do we Handle?
Medical malpractice in Pennsylvania covers many forms of issues. We handle all kinds of negligence resulting from doctor, nurse and hospital negligence, including:
To find out if we can help with your specific situation, please contact us today.