When you put your trust into the hands of a medical professional or team of providers, you have a reasonable expectation that your care will be their top priority. While most physicians adhere to this standard, some healthcare professionals fall below this standard. In some situations, the error may be minute and not impact your health, but other times, you need a lawyer to represent your interests.
At Shollenberger Januzzi & Wolfe, our medical malpractice lawyers are dedicated to helping injury victims pursue the maximum compensation they deserve. If you or a loved one has been the victim of malpractice, our team of legal professionals is ready to assist you in your claim.
When Does Medical Malpractice Occur?
In a successful malpractice suit, the following elements must be proven (commonly referred to as the 4 D’s):
Duty of Care
There is an established doctor-patient relationship with the physician owing the patient a duty to provide the same level of care that any physician of reasonable intelligence and similar training would provide under the same or similar circumstances.
Deviation from Standard of Care
Deviation from the expected standard of care implies that a physician did not adhere to medical industry standards when administering care. Common examples of deviation from the standard of care include failing to diagnose a patient, a delay in diagnosis, prescribing the wrong medication, anesthesia dosing errors, and surgical mistakes. Deviation from the standard of care is also referred to as a breach of duty of care.
Direct Cause
The medical provider’s actions must be the direct cause of the harm experienced by the patient. More specifically, the practitioner’s breach of the duty must be a substantial factor in the injuries suffered by the patient.
Damages
As a result of the harm suffered, the patient has experienced measurable losses. In rare cases when a physician shows a willful, wanton, or reckless disregard for a patient’s safety, punitive damages may be awarded. Whereas compensatory damages aim to reimburse the patient for actual losses (such as lost wages, medical expenses arising out of the malpractice, and pain and suffering), punitive damages are designed to punish the defendant.
While compensatory damages are not capped, there is a limit on punitive damages, which are limited to 200% of compensatory damages. However, if the provider’s misconduct was intentional, the cap is removed. Be aware that under Pennsylvania Law, 25% of any punitive damage award in a medical malpractice claim must be paid to the Medical Care Availability and Reduction of Error (MCARE) Fund. If you believe you may be entitled to punitive damages, it is essential to speak with our firm.
Determining the Worth of Your Medical Malpractice Case
The worth of a medical malpractice claim will depend on your ability to demonstrate to what extent your treating provider’s conduct caused you harm. Generally, a physician who catches a surgical error and remediates the issue will be held less liable than a physician who failed to recognize the mistake altogether.
As always, evidence is key to establishing fault. In a medical malpractice case, this often includes medical imaging (i.e., X-rays, MRIs, CT scans, ultrasounds), laboratory testing, physicians’ notes, eyewitness testimony, and expert witness testimony.
In addition to determining fault, the degree to which your injuries impact your life is also evaluated. If you experience permanent disability due to a physician’s misconduct, then your losses will be greater and your award higher in turn.
A person who suffers long-term disability due to a physician’s carelessness will claim lost wages, loss of future wages, as well as present and future medical expenses. Our medical malpractice attorneys will work with your current care team to understand the severity of your injuries and future damages.
Speak with a Medical Malpractice Lawyer in Williamsport
Medical professionals should be held accountable for any actions or inactions that cause patients harm. If you or a loved one has been affected by a medical professional’s oversight, our legal team is ready to advocate on your behalf. At Shollenberger Januzzi & Wolfe, our Williamsport medical malpractice attorneys will not stop fighting until we recover the compensation that you deserve. To arrange your free case evaluation, we can be reached online or by calling (717) 229-6580 today.