With our primary office located in Conshohocken, our medical malpractice lawyers are equipped to handle a variety of complex medical negligence matters in Montgomery County, including Abington, King of Prussia, Norristown, and the Main Line area (Ardmore, Bala Cynwyd, Haverford, etc.).
Some of the most complex cases involve hospital misdiagnosis in emergencies and medical misdiagnosis by doctors and specialists. The most common cases of medical misdiagnosis in Montgomery County are stroke misdiagnosis, heart attack misdiagnosis, and cancer misdiagnosis.
Call our Pennsylvania medical malpractice lawyers at (610) 825-0500 for a FREE, NO OBLIGATION consultation.
How An Attorney Can Help With a Medical Malpractice Claim
Of all personal injury claims, medical malpractice may be the most complex. These cases have complicated procedural rules and require expert testimony to establish how a medical provider violated the standard of care. An experienced attorney plays a critical role in building your case and helping you navigate the stages of your claim.
A medical malpractice lawyer can:
- Obtain and review your medical records to identify improper care and assess your damages
- Consult with qualified medical experts to evaluate whether the standard of care was violated
- Draft and file a Certificate of Merit, which is a required component of Pennsylvania malpractice cases
- Identify all responsible parties, including physicians, hospitals, nurses, or corporate healthcare entities
- Calculate the full scope of your damages, including future medical needs and lost earning capacity
- Negotiate with insurers and defense counsel for a fair settlement
- Take your case for trial if the healthcare provider refuses to accept responsibility
Simply put, an experienced legal team puts you on an even playing field with healthcare facilities and insurers. Contact Morris Wilson Knepp Jacquette, P.C. to learn how our medical malpractice attorneys can help you seek justice for malpractice.
Common Types of Medical Malpractice Cases in Pennsylvania
Medical negligence can occur in nearly any healthcare setting, from hospitals and surgical centers to private practices and urgent care facilities. It encompasses any conduct from a medical provider that falls short of accepted standards and injures a patient.
Some of the most common types of malpractice claims are:
- Failure to diagnose
- Delayed diagnosis
- Surgical errors
- Medication mistakes
- Birth injuries
- Anesthesia errors
- Emergency room negligence
- Failure to properly monitor patients
In many cases, these errors are preventable, meaning they could have been avoided but for poor communication, inadequate training, or failure to follow established medical protocols.
Pennsylvania’s Statute of Limitations & Certificate of Merit Requirement
Medical malpractice cases are often complex, not only due to the medical issues involved, but also due to Pennsylvania’s statute of limitations laws applicable in these cases. In most cases, a two-year statute of limitations law will apply. When that two-year clock starts ticking will vary in every case. Typically, that clock starts ticking when the patient discovers the medical negligence or should have discovered it using due diligence.
In medical negligence case resulting in death, the two-year clock usually starts ticking on the date of the patient’s death. It’s important to note that time issues in medical malpractice cases in Montgomery County require review by an experienced medical malpractice attorney.
The applicable statute of limitations period is compounded by Pennsylvania’s Certificate of Merit requirement, which necessitates an expert review of the matter before filing the lawsuit. The purpose of this legal requirement is to weed out frivolous or uncredible cases. In every medical negligence lawsuit, the plaintiff must file a Certificate of Merit with the Complaint or within 60 days of filing the Complaint. The certificate must affirm that a licensed medical expert has supplied a written statement indicating that the case has merit.
Obtaining a medical review is a time-consuming process and includes procuring all relevant medical records and selecting and hiring the right medical expert. Even in a relatively straightforward case, this process can take several months. In the most complex cases, where multiple experts are required, the process can take a year. Therefore, it’s critical to begin an investigation as soon as possible.
Compensation in Montgomery County Medical Malpractice Cases
Pennsylvania law allows the plaintiff in a medical malpractice matter to seek financial compensation for:
- medical treatment costs,
- wage loss,
- out-of-pocket expenses, and
- pain and suffering.
The burden lies with the plaintiff to sufficiently prove each type of compensation claim.
In many medical malpractice cases, the patient’s spouse will have a separate claim for compensation, known as a Loss of Consortium claim. If proven, the spouse is entitled to compensation for negative changes in the marital relationship. These claims are usually reserved for cases when the medical negligence causes serious or life-changing injuries and disabilities. Changes to the marital relationship are often prolonged and profound, impacting all areas of the relationship, including intimacy and companionship.
How Do I Prove Medical Malpractice in Montgomery County?
To succeed in a medical malpractice case, you must establish five legal elements:
- Duty of care. You must show that you were in a provider–patient relationship and that the healthcare professional owed you a duty of care.
- Relevant Medical Standards. You must establish the applicable professional standard of care. This refers to the level of skill, knowledge, and care that a reasonably competent healthcare provider with similar training would have exercised under the same circumstances.
- Deviation from Medical Standards. You must show how the provider deviated from that standard. Pennsylvania law generally requires testimony from a qualified medical expert to show the defendant failed to meet accepted standards.
- Causation. You must show that the provider’s deviation directly caused your injury.
- Damages. You suffered damages, such as medical expenses, lost wages, pain and suffering, etc.
Importantly, you must prove each element to win your claim. Failure to satisfy even one element will ruin your claim.
Who Is Liable for My Medical Malpractice Incident?
Liability in a malpractice case can extend to many different parties. The key question is which party (or parties) deviated from the standard of care and contributed to your injury.
The responsible parties may include:
- Physicians
- Surgeons
- Nurses
- Anesthesiologist
- Radiologist
- Hospitals or medical facilities
- A third-party medical group
In some cases, multiple parties may share responsibility. Likewise, hospitals can sometimes be vicariously liable for the negligence of their employees.
Determining who is liable for your injuries/condition requires extensive investigation. An experienced attorney will need to review your medical records, hospital policies and procedures, as well as employment relationships for those involved. Identifying each liable party is a critical part of the claims process because it can unlock additional sources of compensation and insurance coverage to cover your damages.
About Morris Wilson Knepp Jacquette
Morris Wilson Knepp Jacquette, P.C. achieved a Best Law Firm rating by U.S. News & World Report in the areas of medical malpractice law and personal injury law from 2016 until the rating was discontinued in August 2023.
We provide client-centered representation and devote tremendous amounts of resources, time, and attention to our clients’ cases to provide them the best chance at maximum compensation. Our goal in every medical malpractice case is to help our clients achieve financial security as they face future medical care, therapy, or other rehabilitation bills. Cases are accepted across Pennsylvania. Call us for a FREE CONSULTATION. (610) 825-0500