Any time someone acts in a reckless or careless way, they run the risk of causing an accident that seriously injures others. When doctors, nurses, and other medical professionals act recklessly or carelessly, the injuries they cause are usually more severe than those caused by other forms of negligence, sometimes even to a life-threatening degree.
If misconduct by a healthcare practitioner or their employer caused you physical harm, talk with an Allentown medical malpractice lawyer about your legal options. Claims based on medical negligence are complex. They require a knowledgeable personal injury attorney to overcome the challenging odds of winning these difficult cases and obtaining much-needed compensation.
At Ostroff Injury Law, we are committed to getting you the payments you deserve. Injury attorney Christine Clarke and the rest of our winning team are not afraid to take on large pharmaceutical companies and hospital systems to make things right for you. We have obtained millions for clients in medical malpractice verdicts and settlements, including a $1.3 million pre-trial settlement for a woman injured by her doctor’s negligence when he cut a nerve in her shoulder while performing a simple biopsy. To learn more about how we can put our years of experience to work for you, call today.
When Is It Possible to File Suit Against a Healthcare Provider?
The legal definition of “negligence” is different for medical professionals in Pennsylvania than it is for motor vehicle drivers, property owners, and virtually anyone else who might be named as a defendant in a personal injury claim. Rather than a general “duty of care” that requires responsible behavior based on what an average person would do under specific circumstances, medical professionals are supposed to follow a “standard of care” based on how other equally educated and experienced medical professionals would respond to a particular situation.
This means that even if a doctor makes a mistake that leads to a patient suffering physical harm, that fact by itself does not necessarily serve as valid grounds to sue. For example, a high-pressure environment like a packed emergency room might make even the most qualified physician more prone to making small mistakes, so a patient injured while being treated in an ER might not be able to argue that their doctor acted “unreasonably” under the circumstances, compared to what any other medical professional would be capable of.
On the other hand, if a doctor acts negligently, increasing the risk of serious harm that a patient ultimately suffers from, the patient or their estate would have a viable medical malpractice claim. An Allentown medical malpractice attorney can help you take legal action after a surgical error, misdiagnosis, birth injury, medication error, or other type of doctor’s mistake. At Ostroff Injury Law, we will bring in top medical specialists and experts to review the facts in your case and to provide testimony and analysis, including projecting the full extent of injuries and how they will affect our client’s day-to-day life. This is necessary to obtain full and fair compensation.
Special Rules for Medical Malpractice Claims
231 Pennsylvania Code §1042.3 requires anyone who wants to file a medical malpractice lawsuit to submit a “certificate of merit” along with the initial Complaint that is filed. This certificate must confirm that a qualified medical professional examined your case and believes it is reasonably likely that a doctor’s breach of the standard of care increased your risk of harm and was the primary cause of your injuries.
As a medical negligence lawyer in Allentown can explain, there are certain time restrictions to filing a damages claim after a doctor harms you. Because of this, it is critical to get in touch with an attorney as quickly as possible to ensure that all necessary steps are taken within the required timeframe.
Seek Help from an Allentown Medical Malpractice Attorney
Reckless or careless actions by healthcare professionals can have dire consequences for their patients, especially those already dealing with serious injuries or medical conditions that need urgent treatment. However, recovering payments for the effects of medical misconduct is ill-advised without guidance from an experienced attorney.
If you believe your doctor’s misconduct led to you suffering avoidable harm, you should set up a meeting with a skilled Allentown medical malpractice lawyer. Contact us at Ostroff Injury Law today to start building your case.