Less than an hour outside of Philadelphia, residents of Springfield, Pennsylvania, have easy access to some of the most trusted hospitals and physicians in Pennsylvania. Every day, we trust these medical professionals with our health, but when they fail to meet the accepted standard of care, the results can be devastating.
Medical malpractice is a grave issue causing turmoil in the lives of many. It is an act of negligence by healthcare providers that may lead to severe injuries, debilitating conditions, and even death. The presence of medical malpractice in our healthcare system underscores the need for experienced legal representation to help victims navigate the complexities of these distressing situations.
For those in Springfield facing the aftermath of medical malpractice, you can rely on the services of a skilled Springfield medical malpractice lawyer from TopDog Law Personal Injury Lawyers. Our firm is synonymous with staunch representation, unyielding commitment, and a proven record in this legal realm. With decades of experience, our firm specializes in medical malpractice law, ensuring victims receive the justice and fair compensation they are entitled to.
It costs absolutely nothing to see if you have a case
It costs absolutely nothing to see if you have a case
At TopDog Law, we understand the emotional, physical, and financial strain medical malpractice can inflict on individuals and their families. Our firm has battled many cases in Springfield, significantly improving the lives of victims through our successful litigation. By choosing us, you’re opting for deep knowledge, tenacity, and a steadfast dedication to your case.
Contacting TopDog Law Personal Injury Lawyers for a free case evaluation if you suffer injuries or lose a loved one due to a medical provider’s negligence is simple. Call or message us via our online contact form.
Many people find medical malpractice law overwhelming. Gaining a comprehensive understanding of what constitutes medical malpractice is crucial in determining whether or not you may have a valid claim. Medical malpractice typically refers to instances when a healthcare provider, through a negligent act or omission, causes injury to a patient, which may include errors in diagnosis, treatment, aftercare, or health management.
In medical malpractice cases, victims may be eligible to receive compensation for their physical, emotional, and financial losses, including medical expenses, loss of earnings, pain and suffering, and, in some cases, punitive damages. The specifics of what you can claim will largely depend on the unique factors of your case.
An experienced Springfield medical malpractice lawyer will consider several factors to determine the value of your case, including how much coverage the at-fault provider has on their medical malpractice policy.
In Pennsylvania, physicians, hospitals, and other health care providers must carry medical professional liability insurance in accordance with the Medical Care Availability and Reduction of Error Fund (Mcare). This special fund is essentially a state-run insurance program designed to ensure that funds are available to pay claims to patients who have been injured due to medical malpractice.
Under Pennsylvania law, health care providers are required to carry a minimum amount of professional liability insurance. This required amount is $1 million per claim and $3 million as an annual aggregate. With the Mcare Fund, the health care provider’s private policy covers the first $5000,000 of a claim, and the Mcare Fund covers any excess.
A TopDog medical malpractice lawyer will also consider the anticipated impact of an injury on the patient’s future when establishing the value of a medical negligence claim seeking economic and non-economic compensatory damages. If the negligence causes permanent disabilities that will prevent the patient from working or leaves a family mourning the loss of a loved one who was the primary financial contributor to the household, the claim’s value is generally higher than if someone incurs a temporary injury.
In recent years, the amount paid out for medical malpractice claims in Pennsylvania has been between $250 million and $300 million annually.
Examples of medical malpractice include a doctor failing to diagnose a serious condition in time, a surgeon committing a blatant error during an operation, a nurse administering the wrong medication, or a pharmacist dispensing an improper dose. Each situation is unique, and the potential outcomes may vary significantly.
A Johns Hopkins Medicine study revealed that medical error is one of the leading causes of death in the United States, with more than a quarter million people dying due to such errors each year.
Common types of medical malpractice cases that occur in Springfield include:
Not all medical errors are acts of medical malpractice, nor is every bad outcome to a procedure a result of an error. An experienced Springfield medical malpractice lawyer can help you understand whether you are eligible to file a medical malpractice claim based on the details of your case.
The consequences of medical malpractice may be severe and life-changing. They can lead to physical pain, emotional trauma, lasting disabilities, loss of income, and even death. It is worth noting that proving medical malpractice involves more than just establishing that you suffered harm while under a healthcare provider’s care. You must also demonstrate that the provider acted negligently and that this negligence directly led to your injury.
It’s critical to understand that responsibility for medical malpractice may extend beyond individual healthcare providers. Hospitals, clinics, and other medical facilities can be legally accountable if their negligence contributed to the incident. This may be due to improper staffing, inadequate training, substandard equipment, or other factors compromising patient safety and care.
The legal process typically begins with an initial consultation with your attorney to discuss the details of your case. There will then be an investigation into the incident to gather the necessary evidence to strengthen your claim and determine all liability sources and the coverage available through the at-fault physician’s or facility’s medical malpractice policy.
Once your attorney values your claim, they submit it to the at-fault provider’s insurer. Your attorney can file a lawsuit if the insurer fails to compensate the claim. Pennsylvania requires a certificate of merit to accompany the claim within sixty days of filing the claim. This statement must come from a qualified medical professional who reviewed the case and determined that there is a reasonable and meritorious cause for filing a lawsuit.
The filing of medical malpractice claims must occur no later than four years from the date of the injury, except for claims filed on behalf of minors. The time limit in these cases is eight years.
Handling a medical malpractice case on your own is downright impossible. Individuals without legal training may find the legal complexities overwhelming. Proving negligence, causation, and damages is often difficult and requires a deep understanding of medical and legal issues. Dealing with insurance companies and their lawyers without legal representation may also put you at a significant disadvantage, potentially reducing the compensation you receive.
Insurance companies make money by selling policies, not paying out on claims. To protect their bottom line, medical malpractice insurers commonly use tactics to eliminate or reduce the value of a claim. These strategies may include blaming the victim’s lifestyle, habits, or previous medical history for the sustained injuries, pressuring the claimant to accept a ridiculously low settlement offer, or simply not responding to the claim.
A medical malpractice lawyer can help you navigate the claims process by:
TopDog Law’s legal team can provide services to assist you regardless of your ability to pay through our contingent fee billing method. As the U.S. Office of Government Ethics explains, a contingency fee agreement means that you do not have to pay for your attorney’s services until there is a successful outcome to your claim.
When you resolve your case through a negotiated settlement or a court verdict on your behalf, the insurance company will send your compensation directly to your attorney. Your attorney will receive a designated percentage of the overall total of the award and release the remainder to you upon the finalization of your case.
While a medical malpractice lawyer will handle most of the legal legwork and negotiation the claims process requires, there are several things you can do to help protect your claim’s value.
As a medical malpractice claimant, you should provide your attorney with any receipts for expenses related to the treatment of the medical error and other types of evidence, including relevant medical documentation and the names and contact information of witnesses, such as hospital staff members.
Claimants commonly provide their attorneys with journals documenting their recovery period that show the frequency of injury-related medical appointments, day-to-day pain levels, and other psychological impacts incurred due to the provider’s negligence. If you missed work due to a medical error, you can collect earnings information from your employer to help your attorney calculate the loss of income associated with the incident.
If you are seeking compensation for injuries sustained as a result of medical malpractice, it is extremely important to follow your doctor’s treatment plan to ensure maximum recovery from the injury and to prevent the insurer from reducing their settlement offer due to your refusal to take actions to protect your well-being.
After a medical malpractice incident, TopDog Law Personal Injury Lawyers strive to provide you with top-notch, comprehensive legal services. Our dedicated team can handle every facet of medical malpractice cases, from conducting the initial investigation, gathering evidence, and consulting with medical experts to negotiating with insurance companies and representing you in court if necessary.
We understand that every case is unique. That’s why we take the time to listen to our clients, understand their specific circumstances, and develop a tailored legal strategy that best serves their interests.
With TopDog Law’s Springfield personal injury lawyers on your side, you can have peace of mind knowing you have a dedicated advocate fighting for your rights. Contact us today for a free case evaluation by filling out our online form or calling us at (610) 227-6055.
920 West Sproul Road,
Springfield, PA 19064