Medical Malpractice Lawyers Serving Pittsburgh
When Medical Negligence Causes Serious Harm
Patients depend on doctors, hospitals, and other healthcare providers to deliver care that meets accepted medical standards. A bad outcome or unexpected complication does not automatically mean malpractice occurred. However, when substandard medical care causes additional injury or death, the patient or family may have grounds for a medical malpractice claim.The Pittsburgh medical malpractice lawyers at Bordas & Bordas represent individuals and families who have suffered serious harm because of medical negligence. These cases often involve complex medical records, questions about the appropriate standard of care, and expert analysis to determine what happened and whether the injury could have been prevented. If you or someone you love suffered injuries due to a medical mistake, a determined personal injury attorney could help you pursue compensation from the negligent parties responsible for your injuries. Our Pittsburgh medical malpractice lawyers have successfully guided many injured patients through the legal process.
Bordas & Bordas has won several landmark judgments in medical malpractice cases, including a $5.1 million verdict in Turkoly v. Gentile, a $2 million verdict in Truskie v. Staunton Clinic, and a $6.54 million verdict in Boggs v. Camden-Clark Memorial Hospital. Additionally, our firm won $9.1 million across two medical malpractice trials—Roberts v. Murthy and Karpacs v. Murthy, and a $2 Million Verdict in Allegheny County, Pennsylvania, Case Type, Medical Malpractice/Corporate Negligence, Stanley D. Truskie, Administrator of the Estate of Mark D. Truskie, deceased, v. Grace Huang, M.D. and Valley Medical Facilities, Inc. d/b/a Heritage Valley Sewickley d/b/a Staunton Clinic. Working with a well-established law firm could significantly increase your chances of obtaining the compensation you need.
What Is Considered Medical Malpractice in Pennsylvania?
Medical malpractice generally occurs when a healthcare provider fails to meet the applicable standard of care and that failure causes harm to a patient.The fact that treatment was unsuccessful does not by itself establish malpractice. A medical malpractice case generally requires showing that the care provided fell below the appropriate professional standard and that the departure from that standard caused or contributed to an injury.
Depending on the circumstances, a claim may involve a physician, surgeon, nurse, hospital, clinic, or another healthcare professional or facility.
Common Types of Medical Malpractice
Medical errors can occur at many points during a patient’s care, from diagnosis through treatment and follow-up.Common medical malpractice cases may involve:
Failure to diagnose or delayed diagnosis
Misdiagnosis
Surgical errors
Anesthesia errors
Medication or prescription errors
Birth injuries
Emergency room errors
Failure to monitor a patient
Failure to order necessary diagnostic testing
Misinterpretation of test results
Hospital negligence
Failure to obtain informed consent
Whether a particular error amounts to malpractice depends on the applicable standard of care and whether the error caused harm to the patient.
How Do I Know if I Have a Medical Malpractice Case?
You may have reason to investigate a potential medical malpractice claim if you experienced an unexpected serious injury or worsening condition and have questions about whether appropriate medical care was provided.
Potential warning signs can include a delayed or missed diagnosis, treatment for the wrong condition, an unexplained surgical injury, failure to act on abnormal test results, an unexpected serious medication reaction, or discovering that important symptoms or medical information were overlooked.
These circumstances do not necessarily prove malpractice. Determining whether medical negligence occurred usually requires reviewing the complete medical record and comparing the treatment provided with the applicable standard of care.
A Pittsburgh medical malpractice lawyer can obtain and review relevant records and consult qualified medical professionals to determine whether there may be grounds for a claim.
Who Can Be Held Responsible for Medical Malpractice?
When medical negligence causes an injury, compensation may be available for the financial and personal losses resulting from that harm.
Depending on the circumstances, damages may include:
Medical expenses
Future medical treatment and rehabilitation
Lost wages
Loss of future earning capacity
Long-term care expenses
Pain and suffering
Disability
Disfigurement
Loss of enjoyment of life
Other losses caused by the injury
Medical negligence can also cause catastrophic injuries requiring lifelong treatment or care. In those cases, understanding future medical expenses, lost earning capacity, and long-term support needs can be a significant part of evaluating the claim.
When malpractice results in a patient’s death, surviving family members may have additional rights under Pennsylvania’s wrongful death and survival laws.
Potentially responsible parties can include:
Doctors and surgeons
Nurses
Anesthesiologists
Radiologists
Pharmacists
Hospitals and health systems
Clinics and medical practices
Other healthcare providers
In complex cases, several providers may have been involved in the patient’s care. Identifying who made critical decisions, who had responsibility for the patient, and when an error occurred can be an important part of the investigation.
What Compensation May Be Available in a Pennsylvania Medical Malpractice Case?
When medical negligence causes an injury, compensation may be available for the financial and personal losses resulting from that harm.
Depending on the circumstances, damages may include:
Medical expenses
Future medical treatment and rehabilitation
Lost wages
Loss of future earning capacity
Long-term care expenses
Pain and suffering
Disability
Disfigurement
Loss of enjoyment of life
Other losses caused by the injury
Medical negligence can also cause catastrophic injuries requiring lifelong treatment or care. In those cases, understanding future medical expenses, lost earning capacity, and long-term support needs can be a significant part of evaluating the claim.
When malpractice results in a patient’s death, surviving family members may have additional rights under Pennsylvania’s wrongful death and survival laws.
Certificate of Merit
According to 231 Pennsylvania Code § 1042.3, you and your attorney must file a signed “Certificate of Merit” to proceed with a medical malpractice case. A “Certificate of Merit” is a document signed by a licensed professional stating that the medical practitioner’s conduct deviated from the acceptable professional standards and caused your injuries. An experienced lawyer in Pittsburgh can evaluate the facts of your case and determine if you have a medical malpractice claim.
Helpful Resources
Why Are Medical Malpractice Cases More Complex Than Other Personal Injury Claims?
Medical malpractice cases involve both legal and medical questions. It is not enough to show that a patient suffered an injury. The evidence generally must establish the applicable medical standard of care, how the provider departed from that standard, and how that departure caused the patient’s injury.
That can require extensive medical records and testimony from appropriately qualified experts.
Pennsylvania also has procedural requirements specific to professional liability cases, including requirements involving a certificate of merit. Those requirements make it important to carefully investigate a potential claim and obtain appropriate medical review.
Complex cases may involve multiple physicians, hospitals, specialists, or other providers, each with different roles in the patient’s care.
There is no cap on the medical malpractice damages that an injured patient can receive in Pittsburgh. However, you must file your claim within two years of the incident to obtain compensation. A meticulous lawyer could keep track of critical deadlines on your behalf throughout the medical malpractice case.
How Long Do I Have to File a Medical Malpractice Claim in Pennsylvania?
Pennsylvania medical malpractice claims are generally subject to a two-year statute of limitations. Determining when that two-year period begins, however, can depend on when the patient knew or reasonably should have known that an injury occurred and that it may have been caused by another person’s conduct.Special rules and exceptions can apply depending on the circumstances, including cases involving children and cases resulting in death.
Pennsylvania medical malpractice cases are also subject to procedural requirements that must be satisfied when bringing a professional liability action. Because determining the correct deadline can involve both the date of treatment and when an injury could reasonably have been discovered, patients should not assume they have two years from the day they first suspect malpractice.
A Pittsburgh medical malpractice lawyer can review the timeline of your treatment and injury and determine which deadlines and procedural requirements apply.
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Talk With a Pittsburgh Medical Malpractice Lawyer
If you believe a medical error caused you or someone you love serious harm, you do not have to determine by yourself whether the treatment legally qualifies as malpractice.
Bordas & Bordas handles complex medical negligence cases for patients and families in Pittsburgh and Western Pennsylvania, including a $3.77 million verdict in a medical malpractice case against a doctor and a physician’s assistant at WVU Medicine Wheeling Hospital. Our attorneys can investigate the treatment provided, review relevant medical records, consult qualified experts, identify potentially responsible parties, and help you understand your legal options.
Contact Bordas & Bordas to speak with a Pittsburgh medical malpractice lawyer and schedule an initial consultation.
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