Medical Malpractice
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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.
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.
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
We 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.