Do You Have a Medical Malpractice Claim?
Let Us Help You Find Out. The late U.S. Supreme Court Justice Potter Stewart once said that he couldn’t define pornography but “knew it when
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Navigating a medical malpractice lawsuit in Pennsylvania is a complex journey through specific statutes, court rules, and evidentiary requirements. This category is designed to pull back the curtain on the legal system, providing clear answers to the questions victims ask most. We cover the foundational aspects of PA law, including the Statute of Limitations, the role of the MCARE fund, and the necessity of obtaining a “Certificate of Merit” to move a case forward. These articles explain how settlements are calculated, what happens during a mediation, and why autopsies are often a critical starting point for a wrongful death claim. Whether you are wondering if you have a case or are curious about the timeline of a lawsuit, these resources provide the transparency and guidance needed to navigate the path toward justice.
The 21st Century Cures Act Final Rule – A New Phase of Patient Centered Health IT
On March 9, 2020, the U.S. Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology (ONC) issued a final rule that will amend the Code of Federal Regulations in ways that greatly enhance an individual’s ability to access their electronic health records through modern tools, like apps and the internet. Titled the 21st Century Cures Act: Interoperability, Information Blocking, and the ONC Health IT Certification Program, the final rule will become effective sixty-days after the date it is published in the Federal Register.
Medical Malpractice: Who Can Request An Autopsy?
Attorneys Jerry Meyers and Brendan Lupetin were recently interviewed as part of a report for ABC27.com related to autopsies and medical negligence after a 53-year old woman died following a 30+ day stay in a Pennsylvania hospital. Her family has questions about the care that she received, and whether or not negligence in that care led to her death. They requested an autopsy, and expressed concern about the autopsy being performed by the same hospital that provided her care being a conflict of interest.
New Bill Approved By Congress That Allows Active Duty Military Members To Sue For Medical Malpractice
Bi-partisan legislation has been introduced in the House and Senate that would partially repeal the Feres Doctrine and allow active duty military to sue under the FTCA when they are injured or killed from medical malpractice. This bill passed Congress on 12/17/2019 and is expected to be signed into law by the President. If this bill becomes law, for the first time in almost 70 years active duty military would be allowed to seek redress from the Department of Defense (DOD) when they are injured and killed due to medically malpractice in military hospitals.
Pennsylvania Supreme Court Declares Pennsylvania’s Seven Year Limit On Medical Malpractice Cases Unconstitutional
On October 31, 2019, the Pennsylvania Supreme Court handed down its opinion in Yanakos v. UPMC and declared Pennsylvania’s statute of repose unconstitutional. Before the Court, UPMC argued the statute of response complied with Article I, Section 11 of the Pennsylvania Constitution. The Court found UPMC proved the statute of repose was related to the important government’s interest of controlling the rising costs associated with medical insurance and medical care. However, UPMC failed to produce evidence of how the statute of repose actually achieved this government interest.
What Damages are Available for Medical Malpractice?
There are various types of medical malpractice cases ranging from surgery on the wrong body part, to misdiagnosis of a disease. If a case of medical malpractice is proven to have caused harm to the patient, the patient is entitled to be compensated the amount of money damages that fairly and adequately compensates the them for all the physical injuries and financial damages he or she has sustained.
Proving Medical Malpractice
The bare minimum required to prove a medical malpractice claim requires a patient to establish: 1. The healthcare provider undertook and had a duty to care for the patient; 2. The healthcare provider violated that duty i.e. deviated from the standard of care and was negligence; 3. The healthcare provider’s negligence was an actual cause of harm to the patient; and 4. Harm in the form of injury or death.
Is an Autopsy Important for my Pennsylvania Medical Malpractice Case?
Pennsylvania medical malpractice and wrongful death lawsuits often hinge on the results of an autopsy. This is because the exact cause of death is the starting point for your medical malpractice lawyer to figure out what mistakes were made that led to the outcome. Successful prosecution of a medical malpractice wrongful death lawsuit becomes nearly impossible if the cause of the patient’s death is unclear or unknown.
Will a Doctor or Hospital Alter My Medical Records?
Imagine a doctor admitting to you that years before your devastating diagnosis the doctor had received important test results but, due to oversight, never told
You Have Decided to Structure Your Settlement – What Happens Next?
You have done your research, talked with your lawyer and are now prepared to structure some or all of your personal injury or medical malpractice settlement. What happens next? This article outlines the basic steps that occur once you decided to invest your settlement in a structured settlement annuity.
The Eight Most Common Types of Medical Malpractice
We have compiled a list of the eight most common types of medical malpractice, based on our experience handling medical malpractice cases in Pennsylvania for over 40 years. These include injuries in childbirth, surgical errors, medication & prescription mistakes, and more. Read on for the full list and details about each.
Identifying Medical Malpractice Under Pennsylvania Law
As important as it is to know what medical malpractice is, it is also important to know what medical malpractice is not. The fact is, that most healthcare, even a poor outcome, is NOT medical malpractice. Also, in our experience, most doctors and nurses have the best intentions for their patients. But because the stakes are so high in medicine, it is common for patients or their families to wonder if a poor outcome was preventable.