Medical Malpractice FAQs

MEDICAL MALPRACTICE QUESTIONS & ANSWERS

What is medical malpractice?

Although the legal definition may vary slightly from state to state, as a general rule medical malpractice (also known as medical negligence) means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.

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How can I find out if I have a case?

Talk to an experienced medical malpractice lawyer. Medical malpractice law is a highly-specialized, very difficult area of law so make sure that you speak with an attorney who has prior experience in the medical malpractice field. Tell the attorney exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? Did you follow your doctor's instructions? What happened to you? Answers to these and other relevant questions become important if you think your doctor may have committed malpractice.

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Who can be sued under medical malpractice laws?

Any health care professional who is in a position of trust, is licensed and provides professional medical service to you. This includes doctors, nurse practitioners, or hospital staff. The negligent health care provider may not be the doctor, nurse or a member of the staff. It is possible that the individual is a lab or x-ray technician with certain qualifications for operating advanced medical equipment or interpreting results of tests. A facility or company may also be liable for malpractice. Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law - even a class action lawsuit.

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What does "established customary standard of care" mean?

This is the degree of care and skill that the average qualified doctor would provide to a patient who sought medical care for similar symptoms and circumstances.

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My doctor made a mistake and admitted it. Do I have a malpractice case?

A medical malpractice / medical negligence attorney can help you to determine if your case has merit. Many mistakes are simply that, but if your doctor's mistake was the result of negligence or failure to meet the expected standard of care, then the answer may be "Yes". Damages may be recoverable for you under medical malpractice laws.

Consult with the experienced medical malpractice lawyers of Munley, Munley & Cartwright for FREE. Munley, Munley & Cartwright's medical malpractice lawyers will evaluate your case thoroughly and explore all potential sources of recovery. We will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim.

Contact us now for a free case evaluation. 1-800-318-LAW1 or use our Online Case Evaluation Form.

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What kind of mistakes can result in medical malpractice?

Many different mistakes may constitute medical malpractice including:

They did not fully inform you of the risks before treating you,
They did not determine the proper diagnosis of your condition,
They did not perform appropriate diagnostic testing,
They did not properly treat your condition,
Failure to administer medications properly,
Failure to manage a pregnancy or deliver a baby in a safe manner.
They did not perform the operation properly, or
They did not anticipate a problem which they should have.

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How do I gather evidence for this type of medical malpractice case?

In most cases, you will not be able to gather the evidence necessary to document negligence in a birth injury case. Your attorney will actually have access to more medical records than you will, as ironic as they may seem. Munley, Munley & Cartwright lawyers are experienced in this type of litigation and will know what you need for your case.

We will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim.

Contact us now for a free case evaluation. 1-800-318-LAW1 or use our Online Case Evaluation Form.

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What is a birth injury?

A physical injury suffered by a baby during delivery. Birth injuries may be related to pre-existing maternal or fetal health problems, or related to negligence by a health care professional such as a doctor or another member of the professional medical staff. These injuries may cause permanent disabilities or even death.

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What are the most common types of birth injury?

Cerebral palsy
Shoulder dystocia
Erb's palsy/brachial plexus injuries
Brain injury caused by improper use of vacuum extractors
Untreated jaundice

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What is cerebral palsy?

Cerebral palsy is a medical condition caused by a permanent brain injury that occurs before, during, or shortly after birth. The effect of cerebral palsy is characterized by lack of muscle control and body movement. The cerebral palsy diagnosis is usually made shortly after birth, but may show up later in childhood.

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What are the side effects of cerebral palsy?

Side effects of cerebral palsy include seizures, spasms, visual problems, hearing problems, hyperactivity disorder, speech problems, and learning problems. Approximately half of all people with cerebral palsy suffer from seizures. Seizures occur when there is abnormal brain activity (the brain attempts to send abnormal messages very close together). Seizures affect people in different ways - some people may stop moving and stare, others may fall down. Some can cause a person to fall and shake violently. They are generally not dangerous and will only last a few minutes.

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What are some common errors that may occur in Emergency Rooms?

Mistakes commonly made in an Emergency Room may include:

Medication Errors
Prescription Errors
Bacterial Infections
Birth Injury
Omissions Error
Failure to Diagnose or Improper Diagnosis
Negligence
Unnecessary Surgical Procedures

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What are some conditions that may be misdiagnosed or incorrectly treated in the Emergency Room?

Heart attacks, Strokes and Aneurysms are among the most common misdiagnosed conditions in emergency rooms. Some problems, such as heart attacks, can be mistaken for indigestion, and long term problems can be missed as doctors look for immediate causes. If these problems were caught upon arrival to the ER, some patients would have a much better prognosis. Misdiagnosing a patient can even lead to death. Being a victim of an emergency room error can mean that you have a legal right to compensation or other damages.

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What should you be aware of when visiting an Emergency Room?

Don't be afraid to ask questions. The Emergency department can be a confusing place. When you receive any medication, diagnosis, or treatment, ask what is being done and why. Before you leave, get all of your discharge instructions in writing. Be sure that these include the names of the physicians that you saw, the diagnosis that was made, follow-up instructions, and any prescriptions you may require. Because of the high volume of patients and continual staff shortages, Emergency Rooms can lead to an environment that is ripe for errors. Some of the errors may cause minor inconveniences, but others can lead to deadly consequences for unsuspecting patients.

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Only an experienced lawyer who knows Pennsylvania's intricate medical malpractice laws, the court system and individual rights can effectively prove your physical and/or mental injury under state laws. Munley, Munley & Cartwright's medical malpractice lawyers will evaluate your case thoroughly and explore all potential sources of recovery. We will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim. Most cases are brought before an arbitration panel prior to court. It is always advisable to be represented by an attorney during arbitration.

We have offices conveniently located in Stroudsburg, Carbondale, Hamlin, Hazleton, Scranton, and Wilkes-Barre, PA. We have the benefit of the local presence within and knowledge of the local legal communities where medical malpractice matters are litigated. Our firm has built a reputation over 40 years in the courts within within Lackawana, Monroe, Schuylkill, Wayne, Luzerne, and Wyoming counties. Our goal is to provide exceptional legal services to our clients.

If you or a loved one have been harmed by doctor error, misdiagnosis, or other form of medical negligence, you may have a medical malpractice claim. You could be eligible to receive compensation for the damages caused to your family. 'The Family of Lawyers' at Munley, Munley & Cartwright are experienced, and successful, medical malpractice litigators - we fight to protect the rights of patients.

At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience. For a free consultation regarding your legal concerns, contact us today for a free consultation or call us toll free at 1-800-318-LAW1.