Wayne Medical Malpractice Attorneys

Dedicated Pennsylvania Medical Malpractice Lawyers Fight to Protect Their Clients’ Rights

Wayne, Pennsylvania is home to nearly 35,000 people. Several hospitals and medical centers serve the area, offering assistance to people who are sick or injured.

When someone in Wayne seeks medical treatment, they do so because they’re concerned. They feel sick or are injured. They know something isn’t right, and they trust that a doctor or hospital will figure out what is wrong and address it. 

When medical malpractice occurs, this trust is shattered in an instant. Instead of getting better, the sick or injured person finds themselves getting worse. New medical issues can arise or an existing condition can become worse – requiring even more drastic intervention or even threatening a life. 

If you’ve been injured by medical negligence, you don’t have to fight alone. The experienced Wayne medical malpractice attorneys at MyPhillyLawyer are just a phone call away.

Medical Malpractice and Medical Error Statistics

Medical errors are the #3 leading cause of death in the United States after heart disease and cancer, according to a Johns Hopkins study. 

Medical errors form the foundation of most medical malpractice claims – but not all medical errors lead to a malpractice case. Some errors cause little or no harm. Errors that cause severe illness or injury, however, can often be traced back to malpractice.

Medical malpractice, also called medical negligence, occurs when a provider fails to meet the applicable “standard of care.” The standard of care in any situation is the level of treatment a reasonably prudent provider would have given. Its specifics depend on the facts of the case: What tests should have been ordered? What treatment should have been given? How should the steps in these processes be carried out? 

Because medicine is a complex undertaking, it is rife with potential for error. Common examples of medical errors include

• Diagnosis errors, such as failing to diagnose a condition correctly, mistaking one condition for another, or delaying a diagnosis in a way that allows a condition to spread – potentially becoming untreatable or requiring far more drastic methods to treat. 
• Treatment errors, such as prescribing or dispensing the wrong medication, operating on the wrong body part or leaving surgical implements inside a patient.
• Systems and communication errors, such as missing a patient’s prior diagnosis, allergies, or conflicting medications due to failure to chart correctly, or causing a patient to fall by having insufficient fall prevention processes in place. These errors are typically preventable.
• Preventive care errors, such as failing to provide preventive care or follow up on test results. These errors often overlap with diagnosis errors. 

Diagnosis errors are the most common error named in medical malpractice claims against outpatient providers in the US, while surgical errors appear most often in claims against hospitals. 

Common Injuries in Wayne Medical Malpractice Claims

Medical malpractice can affect any body part or body system. As a result, nearly any type of injury or combination of injuries can emerge. 

Some injuries and errors appear more often in medical malpractice claims than others, however. Common situations that lead to medical malpractice injury claims include

• Birth injuries, which can lead to permanent brain damage from lack of oxygen, paralysis and other nerve injuries, and other permanent or long-lasting conditions,
• Surgery-related injuries, like surgery performed on the wrong body part, use of the wrong surgical techniques or procedures, or leaving items inside a surgical site. Anesthesia errors during surgery can also lead to severe injuries. 
• Testing errors leading to injury, such as failure to read a test correctly that results in a missed or delayed diagnosis. Some tests can also cause injury if they are performed incorrectly.
• Emergency room errors may lead to a missed or delayed diagnosis, treatment errors, and other issues. 

Other serious injuries and illnesses can result from medical malpractice as well. Talk to an experienced Wayne medical malpractice lawyer for information and advice about your specific situation. 

What to Know About Medical Malpractice Claims in Wayne, Pennsylvania

Medical malpractice law is complex. In addition to dealing with the complex issue of medicine, medical malpractice law contains certain rules and requirements that don’t appear in other types of personal injury claims. These include special time limits, the certificate of merit requirement, and rules regarding compensation. 

Time Limits

Pennsylvania’s statute of limitations sets time limits on many types of lawsuits. In Pennsylvania, a person injured by medical negligence has two years from the date of the injury to file their claim. If the claim isn’t filed before this time limit expires, it cannot be brought to court.

Additional rules may affect how the two years are counted, however. For instance, there may have been no way for you to know you were injured on the date it happened. Some medical malpractice claims take time to discover. 

For cases like these, Pennsylvania law “tolls” the statute of limitations. The two-year clock doesn’t start to run until the day you know (or reasonably should have known) that medical malpractice caused your injuries. 

Some cases have a straightforward timeline. Others have more complex timelines that require the parties to argue in court about how the statute of limitations applies. No matter your situation, talk to an attorney as soon as possible. An experienced lawyer can help you understand exactly how the statute of limitations applies in your case – and what options you have.  

Special Requirements for Medical Malpractice Claims in Pennsylvania

Another special requirement unique to Pennsylvania medical malpractice claims is the “certificate of merit” requirement. Under Pennsylvania law, someone planning to bring a medical malpractice lawsuit to court must first file a signed “certificate of merit.” 

The certificate of merit must include specific information, including the opinion of an “appropriate licensed professional.” It must be filed either with the complaint or within 60 days of filing the complaint. 

Finding an expert to weigh in on the certificate of merit can be challenging. If the expert isn’t deemed “appropriate,” you may find yourself fighting to get the certificate recognized. Meanwhile, precious time to file your lawsuit and investigate the claim slips away. 

Experienced Wayne medical malpractice lawyers know which experts they can trust to review certain types of medical malpractice claims. When you hire an attorney, your attorney will handle the certificate of merit and other essential paperwork in your case. You can focus on healing, while your lawyer focuses on fighting for the compensation you deserve.

Types of Compensation in Wayne Medical Malpractice Claims

In a medical malpractice case, compensation focuses on repaying you for the losses you’ve already suffered and compensating you for losses you may face in the future. Compensation in a medical malpractice case typically comes in two forms: economic and non-economic.

Economic damages focus on financial losses – things you can demonstrate with copies of bills, receipts, invoices, and other paperwork. Common economic losses in medical malpractice cases include

• Lost wages if your injuries prevented you from working or will do so in the future,
• Medical bills, including the costs of future medical care. Items like medication, medical devices and prosthetics, and rehabilitation are included in this category. 
• Transportation costs to and from medical appointments and
• Other costs reasonably related to your injuries. 

Non-economic damages focus on losses that are real, but that are tough to prove with paperwork. Common non-economic losses in a medical malpractice claim may include

• Pain and suffering caused by your injury or illness, 
• Disfigurement and disability if your injury or illness led to scarring, the loss of any body part, or ongoing issues with mobility or use of a body part, and
• Loss of enjoyment of life if your injury or illness prevents you from doing activities you once enjoyed. 

Some U.S. states “cap,” or limit, non-economic damages in medical malpractice cases. Pennsylvania, however, does not limit these damages for medical negligence. In Pennsylvania, you can recover the full amount of non-economic damages that you and your attorney can prove in court (or negotiate to receive in a settlement). 

No two medical malpractice cases are the same, so no two compensation awards are identical. For this reason, it’s vital to talk to an attorney about your specific case. Friends, family, and co-workers who have had medical malpractice claims can provide essential emotional support, but their case won’t be exactly like yours. 

Contact an Experienced Wayne Medical Malpractice Lawyer Today

If you’ve been injured while seeking medical treatment, you’re already dealing with plenty of issues. You may be struggling to face the future medical appointments intended to help you heal. Merely thinking about doctors or hospitals may be a challenge. You may worry about how you’re going to get back to work, school, or caring for your family. You may wonder if you’ll ever find meaningful hobbies again.

If this sounds familiar, there is hope. Talk to a dedicated Wayne medical malpractice lawyer today. The team at MyPhillyLawyer can help you understand your legal options and fight for a better future. To learn more, reach out to us today to schedule a free, confidential case evaluation.