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Medical Malpractice Attorney in Pennsylvania
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Can You Sue for Medical Malpractice in Pennsylvania?
Yes, the State of Pennsylvania has laws that protect you from medical malpractice. You have up to seven years to file a lawsuit after the incident occurs, with the patient not having known or should have known not playing a factor in the decision. This means that if you discover an injury or develop a condition after 7 years, you won’t be able to sue the at-fault party and seek to recover damages. However, once you do know about the injury, you have two years to file from the date of discovery.
Medical malpractice cases are complicated in almost every aspect. As you can suspect, there’s nothing worse than handling a complex legal problem while also trying to physically recover, especially if your injuries are severe. Whether you’re taking action against the medical facility where your accident occurred or filing a lawsuit against a doctor directly, you’ll need someone to help you navigate through the process. That’s why it’s recommended to team up with an experienced attorney as soon as you realize that negligence was the reason behind your worsened condition, and if you’re looking for the best, you can find them at Morgan and Morgan.
How Do I Handle Medical Malpractice in Pennsylvania?
Every lawsuit is different, but here are some steps you should take if you suspect you’re a victim of medical malpractice:
Seek Medical Attention
The most important thing after any accident is your health and well-being. Although you might feel anxious about visiting another medical professional, you should still seek out care if you suspect that malpractice occurred during a procedure. Not all doctors are bad, of course. As the old saying goes, “It takes one bad apple to spoil the bunch,” and you shouldn’t let one bad experience deter you from seeking the care you need. Not only will their care get you the help you need to help treat your condition in the future, but it also establishes a laundry list of damages to seek for recovery through your lawsuit.
Retain a Trusted Attorney
Once you’ve received medical attention and found the care you need, you’ll need time to recover physically, even in minor cases. This is difficult to do when you have to juggle the legal side of your injuries, but you can make the process much easier by teaming up with a trusted attorney. Then, you can hand over the reins and take a much-needed break from the situation, which can be priceless after a situation like this.
Investigate Your Case
After you’ve briefed your attorney on your situation, their first step will be to investigate your case. They’ll interview witnesses, review any records indicating that the medical professional acted negligently, and find other avenues to prove that your claims were valid. They’ll evaluate their findings and prepare the case, keeping you involved throughout. Once they’re finished, it’s time to bring the case to the at-fault party and seek to recover compensation for the damage you sustained.
Attempt to Reach a Settlement
Most states require you to attempt to settle before bringing the case into the courtroom, but it’s recommended to take this approach regardless of whether your state requires it. You can save on legal fees, for one, and you can also shorten the process considerably. During settlement negotiations, your attorney will bring forward your case, establish that the at-fault party acted negligently, and advocate for the dollar amount of all your injuries, with the total figure serving as your complete compensation package. The opposing party can either accept your terms or deny them, arguing that one or more of the damages doesn't apply or another false claim. Your attorney becomes incredibly important during this portion of the process, as they can defend against lowball offers and other complicated legal tactics.
Prepare for Trial
If no settlement can be reached, you’ll have to bring your case into the courtroom. Your attorney will advocate for your situation in front of a jury, bring forth witnesses, and leverage their legal experience to reach a verdict that adequately compensates you for the damage you sustained. Our attorneys are uniquely capable of advocating for your rights in this scenario because we work every case up for the possibility of a trial, giving our clients an undeniable advantage if their case comes to this conclusion. If you’re looking for a medical malpractice attorney in Pennsylvania that can give you the best possible chance of recovering what you’re entitled to, you don’t have to look further than Morgan and Morgan, America’s largest personal injury firm.
What Damages Can I Recover in a Medical Malpractice Lawsuit?
Your specific recovery will depend on your jurisdiction, the circumstances surrounding your case, and the skill of your attorney, amongst other factors. Generally, you should expect to recover the financial damage you sustained as a base and any other physical and emotional damages on top. Here are some of the more common damages that victims seek for recovery in their medical malpractice lawsuit:
- Medical expenses, both present and future
- Lost wages
- Loss of earning capacity
- Diminished quality of life
- Emotional damage
- Punitive damages
- Funeral expenses, in the case of wrongful death
Some of the damages above are relatively easy to advocate for because the monetary amount is laid out clearly, like your lost wages. Other damages, such as pain and suffering, are more difficult to prove, as the pain you’re experiencing is internal. You’re the only one who truly understands how much your condition is affecting you, and without experienced legal counsel, you might not be able to recover the compensation necessary to treat the damage you sustained. Our team has a proven track record of recovering these benefits even when the odds seem grim, and we’re available to the people of Pennsylvania for no out-of-pocket costs.
Contact a Medical Malpractice Attorney in Pennsylvania
In the most difficult moments of your life, Morgan and Morgan has your back. There’s nothing like finding out that the person who was supposed to protect you caused you pain, but in some cases, it’s an unfortunate truth that you’ll have to handle. Our team understands how unsettling and sad a situation like this can be for a family and the victim, so we start every case invested in the outcome and, more importantly, driven to achieve the best results. If you’re looking for a medical malpractice attorney in Pennsylvania, don’t settle for less than you deserve—choose Morgan and Morgan in your pursuit of justice and rightful compensation.
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