Do I Have A Valid Medical Malpractice Claim?
Many people who have suffered in a medical setting are unsure of whether they have a valid claim. At John A. Caputo & Associates, P.C., our attorneys use our knowledge and experience to help members of our community in Pittsburgh understand the true strength of their claims.
The 4 Elements Of Medical Malpractice
For a medical malpractice claim to be valid, these key elements must be present:
- A health care provider owed a duty of care to a patient.
- The provider breached their professional duty.
- The provider’s breach of duty caused an injury to the patient.
- The patient’s injury resulted in damages, whether financial or nonmonetary.
The first element that must be present is that the plaintiff must have been a patient of a provider and received medical treatment from them. If no such professional relationship existed, there can be no claim of medical malpractice.
There must also be clear evidence of significant negligence on the part of a doctor, nurse or other health care professional or institution. Medical mistakes happen, but not all are deemed the result of negligence. Your treatment must fall below an accepted standard of care in order to meet the legal definition of malpractice.
No matter how severe the negligence, there is no case unless the patient has clearly suffered damage as a result of the malpractice. A medical mistake alone is not enough. The negligence of a medical provider must have been the cause of the injury or wrongful death, that is, causal negligence.
The damages must be substantial to warrant making a claim. The damages depend upon the extent of the injury, which must be serious or catastrophic, or a death.
These elements must be present. If you or a loved one has suffered a serious injury as a result of medical negligence, you have the right to pursue compensation for your losses. Our law firm can help you seek maximum compensation for the losses you have suffered. If we take your case, we will conduct a thorough investigation to uncover the root causes of your injury and to identify all liable parties.
How Long Do I Have To File A Medical Malpractice Claim?
Pennsylvania has a statute of limitations for civil lawsuits, which applies to medical malpractice lawsuits. A statute of limitations sets a time limit for when plaintiffs can take legal action. In medical malpractice cases, the statute of limitations is two years, beginning when the patient’s instance of malpractice occurred.
How Long Does A Medical Malpractice Lawsuit Take?
The timelines of medical malpractice lawsuits vary significantly from case to case. However, you can usually expect it to take at least several months to process and up to two years to get a final decision. It’s worth the wait to hold a provider who hurt you accountable and get compensation to help you recover. To better understand your case’s timeline, consult with an attorney from our firm. If you have suffered medical negligence, taking immediate legal action is crucial.
What To Expect During The Process
The first step is to meet with a medical malpractice attorney. When you meet with an attorney from our firm, they can review the details of your case and determine if you have a legitimate claim. If you do, we’ll file a lawsuit on your behalf.
Then comes the discovery stage. In this stage, we will present evidence to support your claim. We will interview everyone involved and consult experts in the medical field. The medical provider will also be able to show evidence in their defense.
Many medical malpractice cases end after discovery with a settlement. However, if we don’t get a fair and reasonable settlement offer, we will continue to fight for it in the next stage, the trial. If we still can’t reach a satisfactory outcome, we’ll appeal the decision in a higher court. We won’t quit until we get justice for you.
Get Specific Information About Your Medical Negligence Claim
This website provides general information on medical malpractice claims in Pennsylvania. To learn more about how the law applies in your situation, call us for your free case evaluation. You can reach us online or by telephone at 412-620-6361.