Medical Malpractice

When you or someone you care about needs medical attention, you place your trust in a team of medical professionals to give you the care and attention you need. Injuries and illnesses caused by medical malpractice are particularly devastating, because they are a violation of that trust. If a doctor, nurse, or other health care worker has negligently harmed you or a family member, we can help you work through this difficult time and pursue fair compensation.

At Caroselli, Beachler & Coleman, L.L.C., in Pittsburgh, our team of recognized medical malpractice attorneys represents the interests of clients who have suffered injuries from medical malpractice. For more than 45 years, our law firm has been successfully litigating cases throughout Pennsylvania. We urge you to contact us now for a free consultation.

What Is Considered Medical Malpractice in Pennsylvania?

Medical errors in this country are far too common. More Americans die from medical malpractice than from gun violence, car accidents, and opioid overdoses – combined. According to the American Association for Justice (AAJ), medical errors are the third-leading cause of death in the U.S., following only heart disease and cancer. While not always fatal, an error by a medical professional can lead to serious and life-changing disabilities.

At Caroselli, Beachler & Coleman, L.L.C., We understand the heartache and devastation a serious medical error can cause. We represent clients and their loved ones who have experienced a wide range of injuries due to medical malpractice, including:

• Birth injuries – These include cerebral palsy, Erb’s palsy, and shoulder dystocia resulting from errors during pregnancy and the birthing process.
• Misdiagnosis and delayed diagnosis – A missed or delayed diagnosis can compromise your treatment plan and overall health.
• Surgical errors – These include operating on the wrong site, delayed diagnoses of post-surgical infections, and other surgical errors.
• Emergency room errors – Things happen quickly in an emergency room, but there is no excuse for medical mistakes that lead to injury or death.
• Hospital Negligence – This includes physical, emotional, sexual, and financial abuse and neglect.
• Medication errors – These cases include product liability claims for unsafe medications as well as errors in the prescribing, filling, and administering of medication.
• Hepatitis C and other infectious transmissions – This includes cases of negligent healthcare workers using dirty needles or other contaminated equipment, causing patients to contract hepatitis C or other infectious diseases..

Medical Malpractice Law in Pennsylvania

For a case to qualify as medical malpractice, it must meet three specific criteria:

The Standard of Care Was Violated

Healthcare professionals are required to adhere to certain standards under all circumstances and at all times. This is generally referred to as the “standard of care.” Patients have a right to expect that they will receive the minimum required standard of care when receiving treatment. If this doesn’t happen, it could be an indicator of medical malpractice.

Medical Negligence Caused Your Injury

A deviation in the standard of care alone isn’t enough to justify a medical malpractice case. The deviation must also be the cause of your injury. As the patient, you will need to show that your injury would not have occurred if the negligence hadn’t taken place.

The Injury Resulted in Significant Damages

If the damages are small, it may not make sense to pursue a medical malpractice case. As medical malpractice cases are very expensive and time consuming to properly pursue. You will also need to demonstrate that your injury resulted in significant damages. Examples may include significant medical expenses, significant past and/or future lost wages, permanent disability, severe pain and suffering, emotional distress or death.

Why Do Medical Mistakes Occur?

The Journal of Patient Safety published a study reporting that hospital errors alone could be responsible for as many as 400,000 deaths each year. This is a staggering statistic, and there are many other patients who suffer serious physical and emotional consequences due to medical errors.

Through years of handling medical malpractice cases, some of the most common reasons we have seen for these tragic mistakes include:

• Lack of communication among healthcare providers;
• Understaffed facilities that ignore proper procedures and cut corners;
• Poor record-keeping that causes providers to miss important details about procedures and patient history;
• Drug and alcohol dependence among healthcare providers; and
• Lack of rest among providers which can compromise sound decision making.

Prescription Error

If you or someone you care about has been harmed by a prescription medication error, talking with the attorneys at Caroselli, Beachler & Coleman, L.L.C., can help you understand your legal options. Since 1972, we have been representing the victims of medical malpractice. Our lawyers use comprehensive knowledge, years of experience and extensive resources to help you achieve effective solutions in medical negligence cases.

There are many different types of medication errors that occur in doctor’s offices, pharmacies, hospitals and nursing homes throughout Pennsylvania:

• Failure to give medication
• Giving too much medication
• Giving the wrong type of medication
• Prescribing the wrong and dangerous combination of drugs
• Prescribing a medication despite a known drug allergy
• Giving inadequate instructions or directions
• Substitution of one incorrect drug for another

There are many reasons why medication errors occur. Many physicians fail to take a complete medical history, document the medications to which a patient has allergies or medications that a patient already takes. Many doctors also overprescribe medication or they prescribe medications that are much stronger than necessary, with bad side effects.

What To Do If You Suspect A Medication Error

If you suspect that a medication error is the cause of a serious health problem or the death of a loved one, you must act quickly. If you have lost a loved one, and suspect that there has been a medication error, you may need to consider whether an autopsy should be performed.

Who Is Responsible for Medical Negligence in Pennsylvania?

All healthcare providers are required to follow the standard of care. When they fail to do this and patients suffer substantial harm, those same providers can be sued for medical malpractice. In many cases, the negligent provider is a doctor, but this can vary.

Some of the parties that could be liable in a medical negligence case include:

• Doctors, surgeons, and physician’s assistants
• Nurses
• Physical therapists and chiropractors
• Hospital administrators
• Pharmacists
• Home health aides
• Electronic health record (EHR) software providers

Some medical malpractice cases involve more than one party that was negligent. Our Pennsylvania injury attorneys have experience handling these complex cases against multiple parties. When we take your case, we will conduct an independent investigation to identify the responsible parties so that they are held fully accountable.

Time Limits for Filing a Medical Malpractice Claim

When you’re sick or hurt, it’s difficult to focus on anything other than your recovery. All of your time and energy seems to be spent getting your life back on track. But if you wait too long, it might be too late to pursue the parties responsible for your circumstances.

According to Pennsylvania law, you have just two years to pursue a claim for medical malpractice. If you miss this deadline, called the statute of limitations, the courts will most likely disregard your case.

In some cases, you may not know that you were the victim of medical malpractice right away. According to the state’s “discovery rule,” you have two years from the date that you knew or should have known that a medical error took place to pursue legal action.

The statute of limitations in Pennsylvania is also different for minors. Because different time limits can apply, it’s vital that you speak with a qualified medical malpractice attorney to get your case started as soon as possible.

Seeking Medical Malpractice Justice on Your Behalf

When you’ve been injured by a healthcare provider, you are likely facing additional hospital fees as well as the loss of income and other damages. Proving medical malpractice can be challenging, which is why you need a legal team with the experience, skill, knowledge, and resources to advocate for your rights from the beginning. We provide free consultations, and we take medical malpractice cases on a contingency fee basis – which means no out of pocket risk to you.

If you suspect that you have been hurt by medical malpractice, speak with one of our experienced injury attorneys about your options. Contact us for a free, confidential consultation by calling 412-391-9860 in Pittsburgh or Western Pennsylvania, or toll-free at 866-466-5789. You can also reach out to us online through our contact form.