If you have been injured due to a physician’s carelessness or oversight, you understand the gravity of such a situation. Between the looming stack of medical bills and your inability to work, you may feel that you have no options to get back on your feet. Healthcare professionals must adhere to the expected standard of care when providing you with treatment. Anything below that standard can result in a practitioner being liable for your injuries.
At Shollenberger Januzzi & Wolfe, our medical malpractice attorneys are committed to securing the maximum compensation for injured individuals. We provide exceptional services to victims of medical malpractice throughout Dutch Country and central Pennsylvania. If you or a loved one has been injured at a doctor’s office, clinic, or hospital, our legal team can provide experienced advocacy.
What is Medical Malpractice?
A physician, nurse, or other healthcare provider is liable for malpractice if he or she fails to adhere to the established standard of care. This standard of care reflects the actions a healthcare professional would take in the same or similar circumstances.
A successful medical malpractice claim involves demonstrating the following:
- Duty of care: Healthcare professionals have a duty to follow the expected standard of care in their chosen field. For example, if you are rushed to the emergency room after a motor vehicle accident and show signs of head trauma, an ER doctor will order a head CT.
- Deviation: The claimant (injured party) must show that the healthcare professional failed to adhere to the established standard of care. This deviation may be either through a specific act or omission.
- Direct cause: The claimant must establish the connection between the provider’s actions and the injuries they sustained. If the claimant experienced a known side effect from a surgery, this does not typically qualify as a compensable harm. Demonstrating causation can be the most challenging aspect of a medical malpractice case.
- Damages: The claimant must show that they experienced harm or suffered a loss. Damages in a medical malpractice case may include economic damages (financial losses), non-economic damages (intangible losses that impact the patient’s quality of life), or punitive damages (compensation intended to punish the defendant for their behavior).
Common damages in a medical malpractice case include loss of a limb, pain and suffering, permanent disability, lost wages, as well as the costs related to surgery, physical therapy, and home modifications. Although the Commonwealth imposes no limit on economic and non-economic damages (collectively known as compensatory damages), punitive damages cannot exceed twice the amount of compensatory damages.
To be awarded punitive damages, the plaintiff will need to provide clear and convincing evidence that the healthcare professional acted with willful or wanton conduct or reckless indifference to the plaintiff’s rights.
Placing Your Well-Being Above All Else
Our medical malpractice team is dedicated to assisting individuals harmed by a physician, nurse, or other healthcare team member. Our office offers a free initial consultation to clients who are interested in learning more about our process. If you do decide to retain our representation, then our medical malpractice attorneys will conduct a thorough investigation into your matter. This will help us determine which evidence applies to your case and how to access it.
Additionally, we have strong ties to medical professionals across primary specialties, allowing us to engage them as resources to evaluate where your physician likely faltered. Our extensive witness preparation ensures our expert witness will hold their ground on the stand. By leveraging these resources, we aim to uphold the highest standard of justice.
Contact Our Medical Malpractice Lawyers Today
If you or a loved one has been injured due to a medical professional’s neglect or miscalculation, our Lebanon medical malpractice attorneys would like to speak with you. At Shollenberger Januzzi & Wolfe, LLP, our legal team is committed to serving injured persons to the best of our abilities and charging nothing unless you recover compensation. To discuss your matter with a member of our team, contact us online or by phone at (717) 229-6580 to schedule your free consultation.