Understanding the First Steps After Medical Negligence
Discovering that you or a loved one has been harmed due to medical negligence can be an overwhelming and distressing experience. Beyond the immediate health and possibly financial concerns, the legal process of seeking justice might seem daunting. In Pennsylvania, filing a medical malpractice lawsuit involves specific steps designed to ensure claims have merit. Understanding these steps is crucial for anyone considering legal action.
Step 1: Recognize and Suspect Medical Malpractice
Before anything else, you need to have a reasonable suspicion that medical malpractice occurred. This isn’t just about a bad outcome; it’s about a healthcare provider’s actions or inactions falling below the accepted standard of care, directly causing you or a loved one serious and permanent harm. Common signs might include:
- A diagnosis that was significantly delayed or incorrect, leading to worse outcomes.
- Surgical errors, such as operating on the wrong body part or leaving instruments inside the body.
- Medication errors, including incorrect prescriptions or dosages.
- Childbirth injuries resulting from negligence during labor or delivery or shortly after birth;
- Failure to diagnose or treat a condition like cancer or other life or limb threatening conditions that a reasonably competent professional would have diagnosed.
Step 2: Gather Key Information and Medical Records
The foundation of any medical malpractice claim comes from the medical records. Begin collecting all relevant information, including:
- Medical Records: This is paramount. Obtain copies of all relevant medical charts, doctor’s notes, test results (X-rays, MRIs, lab results), prescription history, and billing statements related to your injury and treatment.
- Text messages and Portal Communications: Take screenshots or save all evidence of communications with the doctors or staff whose care is at issue, including text messages, Emails, and communications on health care portals;
- Personal Notes: Keep a detailed journal of your symptoms, treatments, conversations with healthcare providers, and how the injury has impacted your life.
- Financial Records: Document all expenses related to your injury, including medical bills, tax returns, lost wages, and other financial burdens.
Step 3: Consult with an Experienced Pennsylvania Medical Malpractice Attorney
This is arguably the most critical step. Medical malpractice law is highly complex, requiring specialized knowledge and resources. An attorney experienced in Pennsylvania medical malpractice cases will:
- Evaluate Your Case: They will review your medical records and the details of your situation to determine if you have a viable claim that meets Pennsylvania’s legal requirements.
- Identify Negligence: A skilled attorney works with medical experts to determine if the standard of care was breached.
- Navigate Legal Procedures: From filing deadlines (statute of limitations) to pre-filing requirements like the Certificate of Merit, an attorney ensures all procedural rules are met.
- Gather Expert Testimony: Medical malpractice cases almost always require testimony from qualified medical experts to establish negligence, causation and damages. Your attorney will help secure these vital expert opinions.
- Negotiate and Litigate: While many cases settle out of court, your attorney will be prepared to negotiate with the defense attorneys and, if necessary, take your case to trial to seek the compensation you deserve.
Step 4: Filing the Lawsuit and Meeting Special Requirements
Once your attorney has thoroughly investigated your case and determined its viability, they will prepare and file a formal Complaint in the appropriate Pennsylvania court. A crucial requirement in Pennsylvania is the Certificate of Merit. This is a sworn statement from a qualified medical expert (often in the same or similar specialty as the defendant) affirming that there is a reasonable probability that the care provided fell below acceptable professional standards and caused your injury. This certificate must typically be filed within 60 days of filing the Complaint. However, the certificate of merit is often filed with the Complaint.
Step 5: Discovery, Negotiations, and Potential Trial
Shortly after the lawsuit is filed, the “discovery” phase begins, where both sides exchange information and evidence. This can involve depositions, interrogatories, and requests for documents. Throughout this process, your attorney will incorporate any new facts or evidence provided by the defendants or their witnesses, assess the strength of your case, and engage in negotiations to seek a fair settlement. If a settlement cannot be reached, the case may proceed to trial.
Don’t Go It Alone. The process of filing a medical malpractice lawsuit in Pennsylvania is intricate and demanding. Having a dedicated and knowledgeable Pennsylvania medical malpractice lawyer by your side is essential to protect your rights and pursue the justice and compensation you deserve.
The attorneys of Lupetin & Unatin are experienced and compassionate medical malpractice attorneys based in Pittsburgh, PA and serving all of Western Pennsylvania. We invite you to contact us to schedule a free medical malpractice case evaluation.