We rely on healthcare professionals to diagnose and treat us when we are unwell. We place our trust in their hands, knowing they have the medical knowledge and skills to heal us. While most practitioners meet the standard of care, others fail to meet their ethical and legal obligations. When patients are injured as a result, it can be grounds for a medical malpractice claim.
At Shollenberger Januzzi & Wolfe, our team of legal professionals has years of experience representing victims of medical malpractice throughout central Pennsylvania. If you or a loved one has been harmed by a physician’s negligence, our injury attorneys in Cumberland County are here to help.
What Qualifies as Medical Malpractice in Pennsylvania
A medical malpractice claim arises when a physician, nurse, or other member of the medical team fails to take the appropriate steps when a patient is in physical distress. To win your malpractice claim, the following must be established:
Duty of Care in Medical Malpractice Cases
To establish malpractice, you must establish that a doctor-patient relationship existed. The expected standard of care is what a reasonably prudent healthcare provider would do in the same or similar circumstances. The standard of care can vary by specialty, but it is nonetheless a legal, not a medical, concept.
How Healthcare Providers Breach the Standard of Care
As the injured party, you must demonstrate how the doctor or medical team member breached their duty of care. This deviation may be either through a specific act or failure to act. Common medical malpractice claims in Cumberland County include birth injuries, delayed diagnoses or misdiagnoses, hospital negligence, surgical errors, and anesthesia errors.
Proving Causation in a Medical Malpractice Claim
A successful malpractice claim depends on the claimant (the injured person) showing how the provider’s actions caused them harm. Having a known complication following a surgery or obtaining an infection due to inadequate post-operative care does not count. Establishing cause can be the most challenging component of a medical malpractice case, making it necessary to have skilled representation.
Damages Available in Cumberland County Medical Malpractice Cases
To win a medical malpractice suit, you must show that you experienced a compensable loss. Known as compensatory damages, these may be financial, physical, or emotional. Common damages in a medical malpractice lawsuit include lost wages, medical expenses, surgeries, physical therapy, pain and suffering, and emotional distress. However, punitive damages are capped at twice the amount of compensatory damages in Pennsylvania. To recover punitive damages, you must show that the healthcare provider showed intentional disregard for your safety or reckless indifference to your rights.
Guidance from Experienced Legal Professionals
A medical malpractice lawyer will comb through your medical records and treatment plans to determine where the negligence occurred. In many cases, the malpractice may not be obvious but will require an expert witness (such as another practitioner) to evaluate your records to determine where the error took place. At Shollenberger Januzzi & Wolfe, LLP, our medical malpractice attorneys have helped thousands of people in Cumberland County recover damages following a physician’s oversight. Let us help you become whole again.
Speak With Our Medical Malpractice Attorneys Today
Going in for a routine procedure can result in copious medical expenses, only compounded by the fact that you are unable to work. Our medical malpractice lawyers in Cumberland County understand the stress that medical negligence can have on you and your family. That is why our legal team is prepared to advocate for your rights. To arrange your free consultation, contact Shollenberger Januzzi & Wolfe online or call (717) 229-6580.