Are you struggling with an injury or illness because of a medical error made in York, PA? Contact Marzzacco Niven & Associates for immediate legal assistance. You may be entitled to compensation, and our York medical malpractice lawyers can help you fight to maximize your recovery.
We’re award-winning trial attorneys with more than 120 years of legal experience. Our law firm has won tens of millions of dollars in compensation by standing up to tough insurance companies and hospitals. Get us in your corner and level the playing field today.
Call our law office in the Susquehanna River Valley of South-Central Pennsylvania at (717) 995-8998 to get started with a free consultation today.
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How Can Marzzacco Niven & Associates Help If I’ve Been the Victim of Medical Malpractice in York, PA?
Medical errors are avoidable. When doctors or other healthcare providers make mistakes, they must be held accountable. Unfortunately, that can be tough to do – especially if you’re going up against well-funded hospitals and insurance companies.
That’s where the personal injury lawyers in York at Marzzacco Niven & Associates can help.
We’ll fight to give you a voice when others are trying to silence it. Our law firm will go toe-to-toe with the toughest defendants and fight to prove that you were hurt because of an inexcusable act of medical negligence.
When you choose our law firm in York, Pennsylvania, to handle your medical malpractice case, we will:
- Investigate to determine what types of medical errors contributed to your injury or trauma
- Determine which medical professionals involved in your care were negligent
- Identify all liable parties and begin to build strong cases against each one
- Consult with respected medical experts and professionals as we build and value your case
- Gather evidence, including medical records, charts, hospital policies, and proof of prior acts of negligence or misconduct
- Negotiate with other parties to get you full compensation for the injuries and suffering you’ve endured because of the medical mistake
Our experienced York medical malpractice lawyers will be fully prepared to take your case to a jury in York County if the insurance company refuses to extend a fair offer. We’re here to do whatever it takes to get you the money you deserve.
What is Medical Malpractice?
Medical malpractice – or medical negligence – refers to a healthcare professional’s failure to provide a patient with an appropriate level of care.
An appropriate standard of care is what another reasonable healthcare provider (in the same field of medicine) would have done under the same circumstances.
More simply put, medical malpractice means that a doctor (or another healthcare professional) was negligent, and you were hurt as a result.
What Are Some Examples of Medical Negligence?
Medical negligence can take many forms. Mistakes, errors, and omissions can happen at any time while a patient is under a doctor’s care.
Some common examples of medical malpractice include:
- Failure to diagnose
- Delayed diagnosis
- Misdiagnosis
- Medication errors
- Surgical errors
- Wrong site-surgery
- Unnecessary surgery
- Unnecessary medical treatment or procedures
- Premature discharge
- Failure to take a proper patient history
- Charting errors
- Misreading or ignoring lab results
- Anesthesia errors
- Inadequate follow-up care
- Birth injuries
Any medical error – obvious to you or not – can cause serious harm. It can cause needless suffering and, in some cases, can result in death. Contact Marzzacco Niven & Associates if you suspect that you or a loved one has been the victim of medical negligence in York, PA.
How Common is Medical Negligence?
Medical negligence is a top cause of avoidable injury and death. John’s Hopkins found that it was the third leading cause of avoidable death in the United States.
One study estimated that medical errors cause as many as 120,000 deaths.
Others believe that one out of every four acts of medical negligence goes unreported. That means that the actual number of injuries and deaths caused by medical errors is much, much greater.
The important takeaway is this: medical errors are incredibly common. When mistakes happen, negligent doctors, nurses, and hospitals have to be held accountable for the devastation and harm they cause.
What Damages Are Available to Victims of Medical Malpractice in York, Pennsylvania?
When you file a medical malpractice claim, you can seek two types of damages: compensatory and punitive.
Compensatory damages are further broken down into two different categories: economic and non-economic.
Economic damages are awarded to make up for the financial costs you’ve experienced (and will experience) because of the medical malpractice.
Examples include:
- Hospitalization
- Corrective surgery
- Medication
- Medical devices
- Follow-up care
- Rehabilitation
- Nursing care
- Other medical bills
- Lost wages and income
- Disability
- Reduced earning capacity
Non-economic damages are awarded to make up for the consequences of medical negligence that don’t have a specific cost or value.
Examples include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Scarring and disfigurement
If there’s evidence that a medical professional engaged in intentionally harmful conduct or displayed a reckless disregard for your health, then punitive damages might also be awarded. However, note that punitive damages are reserved for the most serious situations – like when a surgeon operates while they’re drunk or under the influence of drugs.
Are There Caps on Damages in Pennsylvania Medical Malpractice Cases?
There are no limits on compensatory damages in Pennsylvania medical malpractice cases.
There are caps on punitive damages that might be awarded.
In Pennsylvania, punitive awards can’t exceed 200 percent of the compensatory damages that are awarded to a plaintiff. A quarter of those punitive damages must be paid to the Medical Care Availability and Reduction Error Fund.
What’s My Medical Malpractice Case Worth?
The value of every personal injury case involving medical negligence will be different. It will depend on the specific facts and circumstances of each individual situation.
However, there are some factors that will be relevant in every discussion about value:
- How was the patient injured?
- What are the patient’s injuries or diagnosis? How severe are they?
- Did the negligence result in a patient’s death?
- What are the long-term consequences of the negligence and resulting harm?
- Will the patient recover fully?
- What will it cost to treat and repair the patient’s injuries and trauma?
- Can the injuries and trauma be repaired?
- What kind of psychological impact has the medical negligence had on the patient?
The more catastrophic the injuries – and the greater their impact – the more a medical malpractice case tends to be worth.
What about the average value? What’s the average medical malpractice settlement worth? According to one study, the average medical negligence settlement was $600,000 in 2018.
Who Can Be Liable In a York Medical Malpractice Case?
It’s not just doctors. Any medical professional or entity involved in your care can potentially be liable for acts of medical negligence.
After an investigation into your medical malpractice case, our attorneys might find that one or more of the following are at fault:
- Primary care physicians
- Emergency room physicians
- Surgeons
- OBGYNs, oncologists, and other specialties
- Nurses
- Nurse practitioners (NPs)
- Physician assistants (PAs)
- Anesthesiologists
- Pharmacists
- Hospital administration and staff
- Urgent care facilities and staff
- Chiropractors
Our team will aggressively pursue compensation from any healthcare provider responsible for your injuries.
What’s the Statute of Limitations for Medical Malpractice Lawsuits in Pennsylvania?
You’ll have two years to file a medical malpractice lawsuit in the Commonwealth of Pennsylvania. The clock begins to run on the date the negligence occurs. If there’s a reasonable delay in discovering an injury, then the statute of limitations can be tolled (paused) until the date it’s discovered.
Pennsylvania does have a statute of repose that applies to medical malpractice cases. There’s a seven-year limit on lawsuits. Once seven years from the date of negligence have passed, the right to file a lawsuit disappears. This is true even if you haven’t discovered your injury yet.
There is one exception: for cases involving foreign objects left in the job. In those situations, the statute of repose won’t apply.
Don’t miss the deadline that applies to your case. You don’t want to watch well-deserved compensation disappear. Call Marzzacco Niven & Associates; our personal injury and wrongful death attorneys can get started on your case as soon as you ask for our help.
Schedule a Free Consultation With a York Medical Malpractice Lawyer
Have you been injured because of an act of medical negligence in York, PA? Has a loved one died because of a medical mistake? Marzzacco Niven & Associates can help you seek the compensation you deserve.
Our York medical malpractice lawyers understand how devastating a doctor’s error can be. We also appreciate the importance of a full and fair financial recovery as you’re fighting to get better. Let us put more than a century of experience behind your fight for compensation.
We offer a free consultation and work on a contingency fee basis. That means there’s no cost to hire our law firm unless we win your case. Visit our law office in York, Pennsylvania, to get started. Our team is standing by to take your call right now.