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Understanding Medical Malpractice: Common Types and Legal Implications
Medical malpractice is a complex area of law, sometimes even considered a subtype of personal injury. Much like personal injury, it deals with cases where someone’s negligence causes harm to someone else. In the case of medical malpractice, these injuries are the result of healthcare professionals failing to provide adequate care and harming the patient.
Scartelli Olszewski, P.C. has many experienced medical malpractice attorneys who are well-versed in this area of law. We can explain the different types of medical malpractice recognized in Pennsylvania and the legal implications of filing a medical malpractice lawsuit for both the plaintiff and the defendant.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider – such as a doctor, nurse, or hospital – fails to provide the level of care expected in their field. To be considered medical malpractice, the healthcare provider’s actions or inactions must deviate from the accepted medical standard of care, and this deviation must result in harm or injury to the patient.
This standard is necessary because not all failures to save a patient or prevent further injury are medical malpractice. There are times when a medical team is unable to save a patient’s life or prevent them from suffering a serious injury or disease.
Types of Medical Malpractice in Pennsylvania
Several different types of medical malpractice are recognized in Pennsylvania. These include, but are not limited to:
- Misdiagnosis, or failure to diagnose a medical condition
- Surgical errors, such as performing the wrong procedure or operating on the incorrect body part
- Anesthesia errors, including administering too much or too little anesthesia
- Medication errors, such as prescribing the wrong medication or dosage
- Failure to monitor a patient’s condition properly
- Inadequate aftercare, including follow-up treatment post-surgery or procedures such as dialysis
It is important to note that these are just a few examples of medical malpractice and that each case is unique. If you believe that you have been a victim of medical malpractice, it is essential to consult with an experienced attorney to discuss your specific situation.
Legal Implications for Filing a Medical Malpractice Lawsuit
For plaintiffs – those who have been harmed by medical malpractice – filing a lawsuit can be a daunting and overwhelming process, but it’s important to get the necessary compensation. You likely will have to contend with the physical and emotional repercussions of your injury, on top of navigating the legal system. It’s all necessary to seek justice and compensation for damages.
On the other hand, defendants – healthcare providers accused of medical malpractice – face serious consequences if found liable. This can include damage to their reputation, loss of individual medical licenses, and the financial repercussions of settlements or jury verdicts.
In Pennsylvania, some specific laws and regulations govern medical malpractice cases, including a statute of limitations. This limits the time frame in which a victim can file a lawsuit. It is crucial to consult with an experienced medical malpractice attorney who can explain when your statute of limitations ends. In most cases, it’s two years from the date of the incident that injured you, but it can be extended if the incident occurred while you were a minor, or you didn’t know the extent of the injury until later.
Contact the Medical Malpractice Attorneys at Scartelli Olszewski, P.C.
Medical malpractice is a complex and highly specialized area of law that requires a deep understanding of both medical and legal principles. At Scartelli Olszewski, P.C., our team of experienced attorneys has successfully represented clients in cases involving all different types of medical malpractice in Pennsylvania.
If you or a loved one has been a victim of medical malpractice, we are here to help you seek the justice and compensation you deserve. Contact us today for a free consultation.
