Lehigh County Medical Malpractice Lawyer
When individuals are injured, they seek guidance, care, and treatment from a trained medical professional. Unfortunately, if a doctor, nurse, dentist, pharmacist, or other healthcare provider fails to meet the standard of care, you could be devastatingly injured.
If or a loved one were severely injured due to the negligent actions of a medical professional, you may be eligible to recover compensation for your injuries and damages. Let a Lehigh County medical malpractice lawyer help your case. Taking the time to get to the root of your medical injuries and losses, a personal injury attorney could help you hold negligent medical professionals accountable for their actions.
Filing a Medical Malpractice Lawsuit
Medical malpractice occurs when a healthcare professional fails to follow accepted medical care standards, and their deviation caused injury to the plaintiff. In order to pursue a medical malpractice lawsuit, the case must be filed promptly and correctly.
The Statute of Limitations
With few exceptions and extensions, an injured patient has two years to file a medical malpractice lawsuit, according to Title 42 of Pennsylvania Constitutional Statute § 5524. Where minor children are the injured patients, the two-year period begins to run upon their turning 18 years of age.
An extension to the two-year statute of limitations is the discovery rule. Pursuant to the discovery rule, the moment the injury is discovered or reasonably should have been discovered is when the two-year clock begins to run.
Certificate of Merit
No more than 60 days after filing a medical malpractice case, a certificate of merit must also be filed, according to Pa.R.C.P. No.1042.3. A certificate of merit shows a qualified expert reviewed the injured party’s situation and contains a written opinion that the healthcare provider failed to meet the accepted standard of medical care.
Proving Negligence Has Occurred
In order to have a successful claim, a Lehigh County medical malpractice attorney would need to prove that the healthcare provider acted negligently and caused the plaintiff’s injuries. To prove negligence, the lawyer needs to prove that the medical professional owed a duty to their client, the healthcare provider breached that duty, and the plaintiff’s injuries were the proximate result of the breach.
In medical malpractice cases, the plaintiff may be eligible to seek both economic and non-economic damages. Lost wages, medical bills, and therapy bills are all examples of economic costs. Loss of enjoyment of life, loss of the ability to engage in hobbies, loss of consortium, and pain and suffering, are all examples of non-economic losses.
Reach Out to a Lehigh County Medical Malpractice Attorney Today
A medical error due to a doctor, nurse, or other professional could have devastating consequences. A Lehigh County medical malpractice lawyer could investigate the incident, collect damages, and speak to witnesses as well as other medical professionals to help prove your case.
A detail-oriented Lehigh County personal injury lawyer could take the time to review your medical records, elicit expert testimony, and calculate your damages to help you seek compensation. Discuss your options with a knowledgeable attorney today.