For many people considering legal action after a devastating medical error, one question looms large: “If I file a medical malpractice lawsuit, will the doctor lose their license?” It’s a fair and thoughtful question. Let’s unpack why that is – and what really happens when you file a malpractice case in Pennsylvania or anywhere else in the U.S.
In the complex world of modern healthcare, patient safety often relies on a delicate chain of communication. When that chain breaks—when a “systems failure” occurs—the results can be devastating. This is the story of a 63-year-old grandmother from Hollidaysburg, Pennsylvania whose delayed cancer diagnosis stole her chance to prepare and say goodbye to her loved ones.
For a young couple from Pittsburgh, the birth of their third child was supposed to be as joyous and uncomplicated as their first two. Sarah’s previous pregnancies had been healthy, aside from a manageable condition called hydronephrosis, which required routine stent placement. But during a scheduled stent exchange procedure for their unborn son, a treatable complication was ignored, leading to catastrophic consequences.
In the high-stakes world of vascular surgery, time is tissue. When blood flow is cut off to a limb, a clock starts ticking. If a surgeon acts within that window, a leg can be saved. If they choose to “wait and see,” the result is often catastrophic. This is the story of a proud Vietnam veteran from a suburb south of Pittsburgh, whose routine knee surgery turned into a nightmare due to a vascular surgeon’s refusal to come to the hospital during a critical emergency.
For any expectant couple, the birth of a first child is a moment of unparalleled anticipation. It is the culmination of months of preparation, dreams, and the careful stewardship of a new life. For “Sarah” and “Michael,” a young couple from the Pittsburgh area, the pregnancy had been textbook perfect. However, what should have been the happiest day of their lives turned into a harrowing ordeal that would forever alter the trajectory of their family.
When “Emily,” a 44-year-old bank manager from Westmoreland County, went in for a routine microdiscectomy to relieve back pain, she expected a quick recovery and a return to her quiet, private life. Instead, a catastrophic surgical error left her fighting for her life on the operating table.
The difference between a “bad result” and a medical mistake lies in the Standard of Care. A bad result is often a known risk or complication that occurred despite the doctor doing everything correctly. A medical mistake (negligence) occurs when a healthcare provider deviates from accepted medical standards, causing a preventable injury or death.
When you sign a consent form prior to a surgical procedure, it is an acknowledgment of risk, not a permission slip for negligence. In Pennsylvania, you cannot sign away your right to be treated with the proper Standard of Care. If the injury was caused by a preventable medical error, that signature does not stop you from filing a malpractice lawsuit.
If you are suffered an injury due to medical malpractice in Pennsylvania, and moved to another state after the incident occured, you must file the lawsuit in Pennsylvania. Thanks to modern technology, meetings and depositions can typically be handled remotely. Be sure you understand how PA laws apply to your case.
Although the time limit for a child’s medical malpractice claim does not start until they turn 18, the “Parents’ Claim” generally has a strict 2-year deadline from the date of the injury. If you wait until the child is older, you may be permanently barred from recovering the millions of dollars spent on their NICU care, surgeries, and therapy during childhood.
There is a common misconception that non-profit organizations like UPMC and AHN can’t be sued in cases of medical malpractice. This is generally false for the major hospitals, as they are legally separate from the state. They cannot hide behind “governmental immunity” to avoid paying for catastrophic mistakes.
Patients often assume that they can’t sue for malpractice if they didn’t follow the doctor’s recovery instructions to the letter. A legal rule called Modified Comparative Negligence states that as long as the doctor or hospital is at least 50% responsible for your injury, you can recover damages.
