A misdiagnosis or delayed diagnosis becomes malpractice if the delay caused the patient’s condition to worsen significantly, resulting in a more difficult treatment, permanent injury, or a lower chance of survival. This is legally known as the “Loss of Chance” doctrine. If the delay turned a treatable Stage I condition into a terminal Stage IV crisis, the doctor is liable for the harm caused by that lost time.
Many clients come to us not only looking for accountability, but also hoping that by pursuing a lawsuit, they can help prevent the same harm from happening to someone else. It’s one of the most important and compassionate reasons to take legal action. But after a lawsuit is filed, do doctors and hospitals really learn from their mistakes? The answer is: sometimes yes – but not always.
For many people considering legal action after a devastating medical error, one question looms large: “If I file a medical malpractice lawsuit, will the doctor lose their license?” It’s a fair and thoughtful question. Let’s unpack why that is – and what really happens when you file a malpractice case in Pennsylvania or anywhere else in the U.S.
The difference between a “bad result” and a medical mistake lies in the Standard of Care. A bad result is often a known risk or complication that occurred despite the doctor doing everything correctly. A medical mistake (negligence) occurs when a healthcare provider deviates from accepted medical standards, causing a preventable injury or death.
When you sign a consent form prior to a surgical procedure, it is an acknowledgment of risk, not a permission slip for negligence. In Pennsylvania, you cannot sign away your right to be treated with the proper Standard of Care. If the injury was caused by a preventable medical error, that signature does not stop you from filing a malpractice lawsuit.
If you are suffered an injury due to medical malpractice in Pennsylvania, and moved to another state after the incident occured, you must file the lawsuit in Pennsylvania. Thanks to modern technology, meetings and depositions can typically be handled remotely. Be sure you understand how PA laws apply to your case.
Although the time limit for a child’s medical malpractice claim does not start until they turn 18, the “Parents’ Claim” generally has a strict 2-year deadline from the date of the injury. If you wait until the child is older, you may be permanently barred from recovering the millions of dollars spent on their NICU care, surgeries, and therapy during childhood.
There is a common misconception that non-profit organizations like UPMC and AHN can’t be sued in cases of medical malpractice. This is generally false for the major hospitals, as they are legally separate from the state. They cannot hide behind “governmental immunity” to avoid paying for catastrophic mistakes.
Patients often assume that they can’t sue for malpractice if they didn’t follow the doctor’s recovery instructions to the letter. A legal rule called Modified Comparative Negligence states that as long as the doctor or hospital is at least 50% responsible for your injury, you can recover damages.
Most of us will experience back pain at some point in our lives. It’s the second most common reason people visit the doctor. Usually, it’s due to a muscle strain, a sprained ligament, or “wear and tear” that, while incredibly painful, is not life-threatening. But sometimes, severe back pain is a warning siren from your body. It can be a symptom of a serious, time-sensitive medical condition that could lead to permanent damage—like paralysis—or even be fatal if not treated immediately.
If you are feeling chest pain right now, it is terrifying. Your mind immediately goes to the worst-case scenario: a heart attack. The good news is that many causes of chest pain are not life-threatening. It could be heartburn, a pulled muscle, or even anxiety. However, you should never ignore chest pain. It is your body’s most urgent warning signal. The challenge is knowing the difference between a condition that can wait for a doctor’s appointment and one that requires an immediate call to 911.
A common and understandable concern for anyone considering a medical malpractice lawsuit is the cost of legal representation. Many people fear that they cannot afford to hire a skilled attorney, especially when facing mounting medical bills and lost wages. This is why the payment structure for these types of cases is so crucial.
