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?
What if the person that was injured by medical malpractice has died?
If the patient has died, in addition to medical malpractice claims, you may also have wrongful death and survival action claims.
How is a settlement amount determined in Pennsylvania?
The following factors are considered when determining and agreeing upon a settlement amount.
- Establish the full extent of the injury.
- Determine the future needs of the victim, including expected medical costs and cost associated with living with the injury, such as retrofitting of the home, devices and appliances that may be required, and long-term personal care.
- Determine the maximum recovery obtained in similar cases that may have set a precedent.
- Calculate how much the victim would have reasonably made in wages over the course of their lifetime or in the case of homemakers, their contribution to the needs of their family. Find out more about the value of a homemaker.
- Attorney fees will ideally be recovered for such sums as are awarded for pain and suffering. This is much easier to do by settlement than by verdict.
Can I be compensated for pain & suffering under Pennsylvania law?
In most medical malpractice cases the victim can be compensated for pain and suffering based on the physical pain and emotional anguish they suffer as a result of their injury.
What is your firm’s experience handling medical malpractice claims?
Our firm has successfully helped hundreds of victims of medical malpractice, in most cases without need of trial.
Medical malpractice cases that we have handled include birth injuries, delayed diagnosis or misdiagnosis of illness including cervical cancer & other types of cancer, brain injuries due to oxygen deprivation while under medical care, medication & prescription errors during surgery or hospitalization, surgical accidents during routine procedures, and death due to medical malpractice or negligence.
Can you provide us with examples of medical malpractice cases you have handled?
We can provide you with broad examples of the types of medical malpractice cases we have handled, but due to a Pennsylvania Law called MCARE we cannot legally provide you with specific details including names of victims, doctors, hospitals, and settlement amounts. Click here to read about some examples of the types of situations that may result in medical malpractice cases, and that we have extensive experience dealing with.
How long will a medical malpractice claim take?
The time required both to investigate and if appropriate to litigate (pursue a lawsuit) a medical malpractice claim is extremely variable. It depends on factors such as the difficulty of recruiting experts in particular specialties, the volume of medical records to be analyzed, and the index of suspicion that our early investigation generates. Contact us to discuss your situation.
