Medical Malpractice Attorneys
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Pittsburgh Medical Malpractice Attorneys
When a person suffers a serious injury due to medical malpractice, negligence or a mistake made by a doctor or other trusted medical professional, they have many questions. What happened and why? Could this injury have been prevented? Who is at fault? How will I pay for medical bills associated with this injury?
The Pittsburgh medical malpractice attorneys of Lupetin & Unatin are dedicated to helping people answer these questions.
Medical Malpractice FAQ
When a hospital, doctor or other medical professional, by either a negligent act or omission, causes an injury to a patient. This may be the result of an error in diagnosis, treatment, aftercare or health management.
In order to be considered medical malpractice, there must be a violation of the standard of care, an injury caused due to negligence, and significant damages as a result of said injury.
Medical malpractice may be the result of a variety of circumstances, including failure to diagnose or appropriately treat an injury, illness, or condition; surgical errors or mistakes; errors in prescription or dosage of medication; anesthesia errors; and misread radiology results.
Determining the value of a medical malpractice case can be quite challenging as it involves various intricate factors. The extent of the injuries endured and the circumstances that led to their occurrence greatly influence the potential value. Partnering with experienced attorneys, such as Lupetin & Unatin in Pittsburgh, Pennsylvania, is crucial in understanding and evaluating the worth of your particular case. Our dedicated team specializes in aggressively representing victims of medical malpractice.
At Lupetin & Unatin, we recognize that every case is unique, and therefore, we offer a free evaluation of your situation to ascertain its merits. Our attorneys will thoroughly analyze the details of your case, examining the injuries sustained and the impact they have had on your life, both physically and emotionally. By considering the medical expenses incurred, ongoing treatment costs, loss of income, and any other relevant damages, we can provide an estimate of the potential value of your claim.
It is important to note that the value of a medical malpractice case can vary greatly depending on the specific circumstances. We understand the complexities involved in these types of cases and strive to ensure that you receive fair compensation for the harm you have experienced. We work on a contingency fee basis, which means that there are no upfront costs for our services. Our fees are only payable if we successfully recover monetary compensation on your behalf.
Although determining the exact value of a medical malpractice case is challenging, we are here to guide you through the process and fight for the maximum compensation you deserve. Contact our attorneys today to discuss your case in detail and gain a better understanding of its potential worth.
Learn about how medical malpractice settlements are calculated.
Pennsylvania law does not impose strict limits on the amount victims can receive for economic and non-economic damages in medical malpractice cases.
Economic Damages
These damages cover a party’s calculable losses. Most notably, these damages include past and future expenses for medical and rehabilitative care, and the loss of past and future earnings and future earning capacity. In a case involving death, the spouse, children, or parents of the person who died may be entitled to recover economic damages for the loss of household services and financial support their loved one provided on a regular basis before their death.
Since there is no cap, awards can reflect the full extent of financial loss experienced by the victim. However, a law known as the MCARE Act places certain conditions on future damages a jury might assess for the loss of future earnings, future earning capacity, and future medical and related expenses in a Pennsylvania medical malpractice verdict.
First, that portion of a jury’s verdict for future loss of earnings or earning capacity must be reduced to present value based on recognized economic principles. 40 P.S. §1303.510.
Second, a jury’s verdict for future medical and related expenses must include a year-by-year assessment of such damages. Then, based on expert testimony, the court reduced those damages to present value in a manner similar to the reduction of future loss of earnings and earning capacity. Then, a defendant responsible for payment of the annual future medical and related expenses awarded to a party can purchase an annuity, trust, or other qualified funding plan to make future payments. Importantly, if the injured party passes away, future annual payments are no longer owed to any party. 40 P.S. §1303.509.
Non-Economic Damages
Non-economic damages refer to compensation to the injured or deceased party for their physical pain and suffering and emotional and mental distress. The spouse of an injured or deceased person in Pennsylvania is also entitled to non-economic damages called loss of consortium damages. And in cases involving death, the children or parents of the deceased individual may recover non-economic damages for the loss of guidance and companionship.
Fortunately, under Pennsylvania law there are no bright-line caps on what a jury deciding a Pennsylvania medical malpractice action can award for non-economic damages. However, upon the motion of a defendant responsible for paying a jury verdict, a court can consider whether to reduce a verdict for non-economic damages for reasons related to how the verdict would impact the availability of or access to health care in the community of the defendant health care provider. 40 P.S. §1303.515.
Punitive Damages
However, punitive damages intended to punish particularly egregious behavior do have a cap. These are relatively rare in medical malpractice cases and are typically only awarded in instances of extreme misconduct. Under the MCARE Act, punitive damages are only awarded when the jury finds a health care provider demonstrated willful or wanton conduct or reckless indifference to the rights of others. 40 P.S. §1303.505.
Under the Pennsylvania MCARE Act, an award of punitive damages against a health care provider is limited as follows:
(d) Total amount of damages.–Except in cases alleging intentional misconduct, punitive damages against an individual physician shall not exceed 200% of the compensatory damages awarded. Punitive damages, when awarded, shall not be less than $100,000 unless a lower verdict amount is returned by the trier of fact. 40 P.S. §1303.505(d).
In addition, 25% of any punitive damages award must be paid to the MCARE Fund. The MCARE Fund is a fund of money controlled by a Commonwealth of Pennsylvania agency and used to pay a portion of medical malpractice verdicts and settlements in Pennsylvania.
In summary, while there is no strict limit on economic and non-economic damages, punitive damages are capped in Pennsylvania, making it crucial to understand the different categories of compensation available.
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 reimburse our firm any of the costs we paid to bring your case forward.
This is called the Contingent Fee.
Contingent fees make it possible for anyone to hire only the very best lawyer to decide if there are grounds for a claim, without paying for that advice. More importantly, it gives everyone access to the justice system and representation equal to the best law firms and lawyers that insurance companies, doctors, and other defendants can hire.
The law limits the amount of time you have in which to file a medical malpractice case in Pennsylvania.
Statute of Limitations: You typically have two years from the date of injury to file a medical malpractice case in Pennsylvania. Read More.
Minors Tolling Statute: In a case where the victim is a child (under 18), the statute of limitations does not apply until the child reaches 18. This means that a claim must be filed before the child turns 20. Read More.
Discovery Rule: If the injury is not discovered immediately the discovery rule may extend the amount of time in which you can file your claim. Read More.
In many medical malpractice cases a settlement is reached without trial. In order to determine and agree upon the amount of a settlement, the following factors are considered:
- 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. For more information on the value of a homemaker, click here.
In Pennsylvania, filing a Certificate of Merit is an essential step before a medical malpractice case can proceed. The key reason for a Certificate of Merit is to prevent frivolous lawsuits against physicians and health care providers. Data shows that since 2003 when the Certificate of Merit requirement became effective for medical malpractice claims filed in Pennsylvania, the rule has met the objective to filter out baseless claims. By requiring an expert’s endorsement, the legal system aims to ensure that only cases with merit move forward.
Expert Validation:
Practically speaking, a Certificate of Merit has two forms. In one form, the Certificate of Merit is a report signed by a physician or other health care provider who is willing to serve as a consulting expert. The party who intends to file a medical malpractice lawsuit in Pennsylvania must consult an appropriate expert who will review the medical records of the care at issue. The physician must practice medicine in a field of medicine which is the same or closely related to the field of medicine for the defendant physician or health care provider.
The expert will form an opinion about the care at issue and share their opinions verbally with the potential plaintiff or their attorney. If the expert believes the health care provider whose conduct is at issue was medically negligent, and/or the negligence at issue was a cause of harm to the patient, the consulting attorney will ask the expert to prepare a report in writing. This document serves to demonstrate that there is a legitimate basis for the medical malpractice lawsuit. Typically, that report will remain in the attorney’s file. The attorney will not share the certificate of merit report with the defendant health care provider.
In its second form, a Certificate of Merit is a document with form language used in every medical malpractice case filed in Pennsylvania. The plaintiff’s attorney signs this document and files it with the court within 60 days from the date the lawsuit is initiated. The filed Certificate of Merit serves as proof that the party filing the lawsuit has consulted an appropriate expert and that expert has a reasonable basis to believe a health care provider was negligent and that negligence caused the harm at issue.
The Process:
Consult an Expert: Engage a qualified medical expert who can thoroughly review your case.
Provide Documentation: Ensure this expert has access to all relevant medical records and information.
Submit the Certificate: Once the expert agrees on the validity of the case, they will sign a report maintained in your attorney’s files. Then, the attorney will prepare a “Certificate of Merit” which is filed with the court, and verifies an appropriate expert supports the case.
This certificate not only adds credibility to your claim but also streamlines the legal process, making it more efficient and fairer for all parties involved. We can help you with this process.
When you are awarded a medical malpractice settlement you have two options. Your first option is to take your settlement as a lump sum (i.e. a check for the full amount of their settlement). Your second option is to invest some or all of your settlement in a structured annuity that will pay out chunks of money over time at a guaranteed interest rate.
When you opt for the annuity, you enter into a contract with a life insurance company. You give the insurance company a lump sum payment up front. In return, the insurance company provides you regular money distributions at a guaranteed interest rate over a period of time in the future.
Structured medical malpractice settlements are income-tax free. In 1982, Congress passed legislation that amended the federal tax code. Their action, The Periodic Payment Settlement Act of 1982, formally recognized and encouraged the use of structured settlements. In response, the Internal Revenue Code was modified to exempt personal injury settlements from taxation so long as the proceeds were invested in a qualified structured settlement annuity. By contrast, the investment earnings on a lump sum payment are generally subject to taxation.
As you approach the settlement of your lawsuit, talk to your lawyer about your options. Ask your lawyer to obtain a variety of proposals from a qualified structured settlement company. Discuss the benefits and implications of structuring some or all of your settlement. Until you sign the annuity contract you are free to do as you wish with your money.
Our Expertise In Medical Malpractice Includes:
When a severe injury to the brain is caused by preventable oxygen deprivation during a medical procedure or hospital stay.
When a delay in diagnosing a serious condition such as heart attack, stroke, spinal infection or other life-threatening condition results in disastrous consequences.
Adverse events involving medications have been reported as the number one cause of harm to patients in hospitals. Among the injuries and deaths, approximately 25% are caused by preventable medication errors.
When a serious injury is caused by negligence during surgery, anesthesia errors, wrong site surgery or incorrect medication dosages during a surgical procedure.
Injury suffered before, during or shortly after childbirth that causes lasting harm to the child, resulting in life altering conditions.
Many common cancers such as cervical cancer and breast cancer can be caught early though routine testing. When the testing is not properly evaluated and the result is a delayed diagnosis, this may be medical malpractice.
An anesthesiologist is responsible for maintaining precise levels of consciousness throughout a surgical procedure and monitoring and supporting the patient’s cardiopulmonary function.
Research shows radiologists misinterpret or miss findings entirely on 3%-5% of radiology studies each day. This means that radiologists around the world are reaching the wrong or incomplete conclusion 40 million times each year.
Articles On Medical Malpractice
Our Pittsburgh attorneys have handled many different types of medical malpractice cases. The articles below provide information and details on some of the issues our attorneys have seen in cases of medical malpractice or negligence.
Article
Acute limb ischemia (ALI) is a sudden blockage of blood flow to a limb, often caused by a blood clot or embolism, and requires emergency medical intervention. If left untreated for even a few hours, ALI can lead to permanent nerve damage, amputation, or death.
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An accurate medical diagnosis is the cornerstone of effective healthcare. When healthcare providers correctly identify a patient’s condition, they can prescribe appropriate treatments that promote healing and prevent further complications.
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Sciatic nerve injuries are relatively rare but can have devastating consequences when they do occur. The risk varies depending on the complexity of the procedure and the skill of the surgical team. Damage to the sciatic nerve can cause a range of debilitating symptoms that may persist indefinitely.