If you or a loved one has been hurt due to a medical mistake in Carlisle, PA, it’s important to get legal assistance right away. The experienced Carlisle medical malpractice lawyers at Marzzacco Niven & Associates can help you file a claim and seek maximum compensation.
We’re award-winning attorneys with more than 120 years of combined experience. Our goal is to give victims of medical malpractice a voice and fight back against hospitals, insurance companies, and negligent healthcare providers.
Contact our law office in Carlisle, Pennsylvania at (717) 995-8732 to learn more about how we can help you and your family. We offer a free case evaluation, so don’t hesitate to call to schedule yours today.
How Our Carlisle Personal Injury Lawyers Can Help With Your Medical Malpractice Case
Medical errors are a leading cause of avoidable death and injury. When a doctor makes a mistake, they must be held accountable. Unfortunately, it is often difficult for victims of medical negligence to successfully recover the compensation they deserve.
That’s where our Carlisle personal injury attorneys can make a difference in your life.
Since 2008, we’ve been a fierce advocate for injury victims and families in Carlisle and across the Commonwealth of Pennsylvania. We’re tough negotiators and even more tenacious in the courtroom. When you trust us with your case, you’ll get more than a century of litigation experience in your corner – and put yourself in a position to win.
We’ll handle every aspect of your personal injury case by:
- Investigating the circumstances surrounding the act(s) of medical negligence that led to your injury or a loved one’s death
- Obtaining evidence, including medical records, hospital records, disciplinary records, photographs, witness statements, and more
- Consulting with leading medical professionals to determine the standard of care that should have been met
- Discussing settlement options with defense attorneys, insurance adjusters, and other parties
- Bringing your case to a Cumberland County jury if settlement talks don’t get the best results for you
Focus on recovering from the trauma of everything you’ve been through. Focus on healing from your injuries. Let our respected Carlisle medical malpractice attorneys concentrate on winning the money you’ll need (and deserve) to get better.
What is Medical Malpractice?
Generally speaking, medical malpractice refers to when a healthcare provider makes a mistake or fails to provide care that’s appropriate and reasonable under the circumstances.
Doctors and other healthcare providers in Pennsylvania are expected to provide care that meets certain standards. This is known as the “standard of care.” Failing to meet the accepted standard of care in a given situation can be considered negligence (or malpractice).
What is the standard of care in medical malpractice cases? It’s not set in stone. Rather, it depends on what a reasonable healthcare provider (in the same specialty) would have done in the same situation.
Examples of medical malpractice include:
- Missed diagnosis
- Failure to diagnose
- Surgical errors
- Charting errors
- Intake errors
- Reliance on defective medical devices
- Miscommunication between hospital staff
- Prescribing the wrong medication or an improper dose
Anytime a healthcare provider causes harm, it’s important to consider whether or not their care meets accepted professional standards.
In Pennsylvania, you’ll have to have a Certificate of Merit in order to file a successful lawsuit. In the Certificate of Merit, you must include a statement from a qualified expert stating that there’s a “reasonable probability” that your injury is the result of substandard medical care. Without this certificate, your case won’t move forward.
What Do I Have to Prove to Win My Medical Malpractice Case?
Your medical malpractice lawsuit will claim that you were hurt because your doctor, medical team, and/or healthcare provider was negligent.
To win your case, you’ll have to prove:
- A doctor-patient relationship existed, which means that the provider owed you a duty of care;
- The provider’s conduct deviated from accepted standards in the medical profession;
- The provider’s conduct was the direct and proximate cause of your injuries; and
- You’ve suffered identifiable harm (damages) as a result.
You’ll have the burden of proof in your medical malpractice lawsuit. The applicable burden of proof is “by a preponderance of the evidence.” This means that your story is more likely true than not.
Who Can Be Liable For Medical Negligence in Pennsylvania?
A thorough investigation into your medical negligence case might reveal that one or more of the following parties are liable:
- Specialists, including oncologists or OBGYNs
- Physician Assistants (PAs)
- Urgent treatment centers
Ultimately, anyone who makes a medical error or contributes to a related injury can be on the hook for resulting harm.
What is My Medical Malpractice Case Worth?
Medical negligence can cause patients to suffer severe injuries and life-changing adverse health issues. The costs associated with these mistakes can be astronomical. When you factor in things like emotional distress and suffering, the true value of a medical malpractice lawsuit is far greater than financial costs alone.
However, the value of a case will vary greatly from one situation to another. It will depend on things like the types of injuries suffered, the financial expenses of dealing with those injuries, whether the victim is able to work or enjoy their life, and the trauma they’ve experienced.
According to one study, the average payout in medical malpractice cases in 2018 was $600,000. This may be due to the fact that large settlements – those exceeding six figures – are now more common. A decade ago, million-dollar settlements accounted for about 1.2% of all claims. By 2018, 2% of all medical negligence cases were valued in the millions.
What Kinds of Damages Can I Get If I File a Medical Malpractice Lawsuit in Carlisle?
Victims of medical errors can typically request compensation for both economic damages and non-economic damages.
Economic damages cover the financial costs and losses you experience, such as:
- Follow-up medical care
- Medical equipment
- Medical devices
- Prescription and OTC medication
- Travel for medical treatment
- Lost wages
- Nursing care
Non-economic damages compensate for trauma that’s associated with an injury, such as:
- Chronic pain
- Emotional distress
- Mental anguish
- Loss of consortium
- Loss of quality of life
If there’s evidence that a healthcare provider caused intentional harm or acted with a reckless disregard for your wellbeing, punitive damages may also be available. These are awarded in addition to any compensatory damages awarded in your medical malpractice case.
There are no limits on compensatory damages in the Commonwealth of Pennsylvania. However, punitive damages are capped at 200% of the compensatory damages that are awarded in the case.
How Long Do I Have to File a Medical Malpractice Lawsuit in Pennsylvania?
Two years. That’s the statute of limitations that applies in most medical malpractice lawsuits under Pennsylvania state law. The statute of limitations begins to run when the malpractice is discovered or should have been discovered. Wrongful death lawsuits are also subject to a two-year limitation.
Let’s say you had surgery in 2016 but didn’t discover that the surgeon made a critical error until three years later in 2019. The statute of limitations would begin to run in 2019 because that’s when you discovered the act of negligence.
There are exceptions. If a minor is injured, the clock doesn’t begin to run until they turn 18.
Don’t miss the opportunity to get the money you deserve for your medical malpractice injury. Contact the Carlisle personal injury attorneys at Marzzacco Niven & Associates immediately after discovering that you’ve been the victim of medical negligence. The sooner you call, the more likely it is that we can help you fight to get the money you deserve.
Schedule a Free Consultation With an Experienced Carlisle Medical Malpractice Lawyer
Whether you’ve been injured or have lost a family member due to medical negligence, Marzzacco Niven & Associates can help. You trusted your doctor to keep you safe, and now you’re faced with a life-changing injury. Let us stand up and fight to hold them fully accountable for the trauma you’ve experienced.
Our Carlisle medical malpractice lawyers are ready to put more than a century of combined experience behind your fight for compensation. Give our office location in Carlisle a call to get started with a free case evaluation. We’ll listen to your side of the story, assess the merits of your case, and explain the options that may be available to you. If you decide to file a lawsuit, we’ll be there to help you every step of the way.
Our team of attorneys at Marzzacco Niven & Associates also handles workers’ compensation and other personal injury cases in Carlisle, PA. Your first consultation is free, so give us a call today.