Medical Malpractice Law Questions

What exactly is medical malpractice?

Medical malpractice is an umbrella term that may apply to an array of neglect inflicted on a patient by healthcare professionals.

What are some common examples of medical malpractice?

Some of the more common examples occur when an ailment goes misdiagnosed or undiagnosed; when there is an unnecessary delay in treatment by a physician; when an illness is incorrectly prescribed; when an error occurs during surgery.

What are “damages” in a medical malpractice case?

In addition to being compensated for pain and suffering, the plaintiff may receive reimbursement for medical expenses paid as a result of the malpractice. The plaintiff is also entitled to be reimbursed for wage loss and lost earning capacity.

How long after a case of medical malpractice can I file a claim?

Two years from the date of the malpractice under Pennsylvania law. If you feel you’ve been the victim of medical malpractice, it is usually best not to wait long before speaking with a lawyer.

Yes, you can and should be present.  After a lawsuit is filed, the normal course of the discovery process is to have the depositions of all parties and witnesses be taken. This includes the questioning of the defendant doctor in a medical malpractice suit.  This is the opportunity for your attorney, when deposing the defendant doctor, to get the doctor’s version of the events leading up to your injury on the record. As a victim of malpractice, sitting in on a deposition of the defendant in any case can be an emotional experience. Nevertheless, it is your attorney’s role, not yours, to ask the questions of the defendant, or of any other witnesses.  You can however discuss questions you feel are important with your attorney before the defendant doctor’s deposition, and you can always get a copy of the deposition transcript afterward. But your attorney will take the lead in the questioning.

How long should I continue to see my doctor after an accident?

As long as you have problems related to the personal injuries that you’ve sustained in your accident, it is advised that you continue to see your doctor. Frequently, injuries continue to bother people after a motor vehicle accident but the victim stops seeing his or her doctor: that is a mistake. As long as you, the victim, are having on going complaints related to the accident, you should be informing your doctor about those complaints. Go to the doctor and inform him or her of what’s going on, because, at the very least, your doctor is going to be making a record in his or her chart about your complaints, and you can present that list of complaints to the opposing insurance company. When the case goes to a juried trial, the jury will hear how long you went to see your doctor and what the complaints were over a period of time. It is crucial that, as long as you have complaints related to the injuries of the accident, that you continue to receive medical care.

Who pays my bills in a personal injury case?

In a typical motor vehicle accident case, your own insurance company pays your medical bills. In a fall down accident, furthermore, your health insurance coverage pays your medical bills. Clients frequently assume that the other person’s insurance company is responsible for paying all of their medical bills but that is not correct under the law in Pennsylvania. Rather, the other person’s insurance company is responsible for paying for your pain and suffering. That’s typically the larger portion of the case.