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Medical malpractice law and other professional
negligence in Pennsylvania states that a doctor or other medical provider may be
found liable where the conduct of the doctor or employees of the medical
provider fell below the applicable standard of reasonable medical practice.
| As experienced lawyers, we know that
medical malpractice errors are responsible for between 44,000 and 98,000
wrongful deaths every year in American hospitals each year. More people
die from medical mistakes than from all car accident deaths. Medical
malpractice mistakes involving medication errors cause injuries to over
1.3 million persons a year. |
The
incidents of medical errors means that each day between 121-268 people die as a
result of errors. This equals and exceeds the number killed in traffic accidents
per year (43,450) or those who die yearly from breast cancer (42,300). In
addition to this, medical errors can cause personal injuries such as: birth
trauma, brain injury, paralysis, amputation, disability, disfigurement and other
serious injuries.
The injured person / patient is not required to establish that the negligent
acts or omissions were the sole cause of his injuries and can establish a prima
facie case of medical negligence (malpractice) by proof that the provider failed
to exercise reasonable care in performing services to him as a patient; that
this failure increased the risk of harm or injury to the patient; and, that such
harm did in fact result.
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.
Some examples of medical malpractice or negligence are misdiagnosis which
results in delayed or inappropriate treatment. Physical injury can include
disfigurement, loss of limb, permanent or disfiguring scars, disability, and
other bodily injuries. Mental harm might include emotional trauma, mental
anguish, embarrassment, loss of love and affection, or loss of enjoyment.
Lifelong disabilities can result from negligent surgical treatment, dangerous
delivery procedures for newborns and/or incorrect and sometimes deadly
prescriptions.
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.
Some examples of medical mistakes are:
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Failure to protect a patient from a
fall or other injury on hospital property.
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Failure to administer medications
properly.
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Failure to manage a pregnancy or
deliver a baby in a safe manner.
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Failure to properly treat a patient's
medical condition.
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Misdiagnosis of a medical condition.
Whether your injuries were caused by an
accident, malicious intent, or a defect in a product's design, production or
labeling, you have the right to seek compensation for economic and non-economic
damages. If you have suffered physical or emotional harm because of someone
else's unreasonable negligence, you are entitled to file a claim against the
party at fault.
| 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.
Contact us now for a free claim evaluation.
1-800-318-LAW1
MEDICAL MALPRACTICE QUESTIONS & ANSWERS
»
What is medical malpractice?
»
How can I find out if I have a case?
»
Who can be
sued under medical malpractice laws?
»
What does
"established customary standard of care" mean?
»
My doctor made a mistake and admitted it. Do
I have a malpractice case?
»
What kind of mistakes can result in medical
malpractice?
»
How do I
gather evidence for this type of medical malpractice case?
»
What is a birth injury?
»
What are the most common types of birth
injury?
»
What is cerebral palsy?
»
What are the side effects of cerebral
palsy?
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