Frequently Asked Questions
We have compiled answers to some of the most common questions about medical malpractice and personal injury cases in Pennsylvania.
Do you have questions that are not answered here?
How much will it cost to speak to an attorney about my case?
Our legal consultations are always free unless we recover money for you. During the course of our investigation into your medical malpractice claim, we advance any costs that we deem necessary in the proper handling of your case. If we do not recover money for you, you do not have to return any of the costs incurred associated with your case. This is called the Contingent Fee.
Is it too late to file a medical malpractice claim?
There is a statute of limitations on medical malpractice claims. In Pennsylvania, in most cases that statute of limitations is two years from the time of the injury. However, there are some cases in which that time limit may be longer. Learn more about PA statutes of limitations or contact us to discuss your situation.
Will I have to appear in court?
Most medical malpractice cases are settled outside of the courtroom. It is uncommon that a trial is required in a medical malpractice case. This is to your advantage because the settlement of a claim permits the victim or their family to have direct input into the solution that is crafted as opposed to awaiting the decision of twelve strangers (the jury.)
Do I need to provide medical records?
Our attorneys and medical staff will retrieve any necessary medical records. You are not required to provide us with any records, however any documentation you have pertaining to the injury should be considered important.
How do you determine whether or not I have a medical malpractice claim?
The process of determining whether you have a valid medical malpractice claim begins with an in-depth interview of the victim (when possible), family members, and any other person who was a witness to the injury. Simultaneously or shortly thereafter, we perform intensive research both in our thousand+ volume medical library and on internet sites mostly subscribed to by physicians and hospitals. What we find during this stage determines whether or not we should pursue further investigation into your potential claim of medical malpractice.
The next stage includes retrieval of medical records, including X-Rays, CT Scans, microscopic slides, medical charts, notes by the doctors, and anything else associated with your claim.
If at this point we have reason to believe standards of care have been violated and there has been medical malpractice, we consult with independent experts to confirm our belief.
Who can be held financially responsible and accountable for medical malpractice?
Any medical professional that was responsible for some aspect of your care, and was negligent or made errors that led to a serious injury can be held responsible for medical malpractice. This includes but is not limited to:
- Doctors (Primary care physicians & consultants of all types)
- Surgeons of all types
- Physician’s Assistants
- Laboratory technicians
- X-Ray technologists
- Other hospital staff
In addition, the hospital or facility in which the incident occurred may also be held financially responsible for the medical malpractice committed by their employees and the people they hold out as employees.