If I suspect medical negligence, when should I contact a medical malpractice attorney?
If you or a loved one has sustained an injury as a result of medical malpractice, you should contact an attorney immediately. Generally, the Statute of Limitations in a medical malpractice action is two years from the date of the suspected malpractice. That is, if you do not file suit within two years from the date of the suspected malpractice, your rights may be forever barred. As such, it is very important to contact an attorney who is knowledgeable in the investigation and handling of medical malpractice cases. Because of the complex nature of these matters, it is important to contact an attorney once you suspect malpractice. In investigating a medical malpractice matter, the attorney will need to obtain all of your pertinent medical records and have the matter reviewed by a medical expert in the same field as the doctor or health care provider that you are criticizing to determine whether or not a valid cause of action exists. As you can well imagine, this can take some time. Therefore, it is important to get the ball rolling as early as possible.

As stated, generally, the Statute of Limitations is two years from the date of the suspected malpractice. However, the “discovery rule” may extend the time period the deadline begins to run until the individual or a reasonable person in the same situation discovers the injury. This is something that a lawyer can determine for you. In this situation, the deadline is two years from the “discovery” of the harm caused by medical malpractice. Notwithstanding the “discovery rule,” the M-Care Act which governs the handling of medical malpractice actions in Pennsylvania, includes a Statute of Repose which places a limit on when a victim can file a claim, even in cases where the discovery rule would otherwise apply. The Statute of Repose prevents a claim from being brought more than seven years after the occurrence of the injury. There are, however, several important exceptions to this rule, such as where a foreign body is left in a person after surgery, as well as in cases involving minors.  Therefore, it is imperative to seek the advice of an attorney to confirm which filing deadline applies to a particular case.

What are my rights if my child has been diagnosed with cerebral palsy due to a birth injury?
Cerebral palsy is a permanent and crippling condition that affects the brain and the central nervous system of an infant or a young child. There can be many causes of cerebral palsy which can occur during the pregnancy, during the process of birth, and during the newborn period. Causes can include infection, placental insufficiency, placental abruption, intrauterine growth retardation, untreated high blood pressure in the mother, pre-eclampsia, premature birth, and fetal distress during the birthing process. 

When a child is diagnosed with cerebral palsy, parents deserve to know what happened to their child. Although cerebral palsy can occur even with the best possible medical care, there are many times where cerebral palsy could have been prevented. The only way to determine whether a child’s brain injury or cerebral palsy was avoidable and whether a lawsuit should be filed, is for a experienced medical malpractice attorney to request and review all of the pertinent medical records and have those records reviewed by an appropriately credentialed medical professional who understands the complex physiological relationship between birth trauma and its ability to cause brain injuries and cerebral palsy.

Raising a child with cerebral palsy can be overwhelming. The costs of daily living and the required care, therapies, and equipment over the lifetime of the child affected with cerebral palsy can be substantial. 

If you have questions or if you wish to discuss a loved one’s possible cerebral palsy case with an experienced medical malpractice attorney, you may contact us at our toll free number 877-353-0529.

Our firm can help you determine whether or not your loved one may be entitled to file suit for monetary compensation for brain injury leading to cerebral palsy.

What kinds of cases do medical malpractice attorneys handle?
Medical malpractice is professional negligence by act or omission of a health care provider where medical care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Most cases involve a medical error.  Standards and regulations for medical malpractice may vary by jurisdiction. In Pennsylvania, a plaintiff must establish four elements for the tort of negligence for a successful medical malpractice claim: 

• A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
• A duty was breached: the provider failed to conform to the relevant standard of care.
• The breach caused an injury: the breach of duty was a factual cause of injury.
• Damages: without damages, there is essentially no basis for a claim, regardless of whether the medical provider was negligent.

Scartelli Olszewski’s medical malpractice attorneys strive to secure maximum recoveries for medical malpractice victims and their families. Our experienced injury lawyers have advocated on behalf of injured patients and wrongful death claimants in state and federal courts, and alternative dispute resolutions forums such as arbitrations and mediations. We conduct thorough investigations and carefully prepare complex medical malpractice cases to obtain the best possible results for our clients. We encourage you to contact us today at 877-353-0529.