Pittsburgh Medical Malpractice Lawyers
Experienced Pittsburgh Medical Malpractice Attorneys Ready To Serve You
Medical malpractice is the nation’s third-leading cause of death, according to none other than the American Medical Association. Pittsburgh, unfortunately, is no exception. With world-class health care institutions such as UPMC Presbyterian Shadyside, medical malpractice is certainly less common than it otherwise would be. The risk remains, however, and it would be unwise to assume that your malady could not have been caused or exacerbated by medical malpractice.
The “Certificate of Merit” in Pennsylvania Medical Malpractice Lawsuits
Under Pennsylvania medical malpractice law, you must include a Certificate of Merit with your lawsuit complaint (or within 60 days thereafter) in order to maintain a medical malpractice lawsuit. A Certificate of Merit is a document in which you state that a medical expert has examined your claim and believes it has merit. The purpose of requiring a Certificate of Merit is to reduce the number of frivolous medical malpractice lawsuits that are filed.
Three types of damages are available in Pennsylvania medical malpractice cases:
- Economic losses: These are losses that are tangible and relatively easy to quantify: Medical expenses, lost wages, child care expenses while you were in the hospital, etc.
- Non-economic losses: Intangible damages such as pain and suffering and mental anguish. These often amount to far more than economic damages.
- Punitive damages: Awarded to punish the defendant for outrageous behavior – performing surgery while intoxicated, for example, or leaving medical instruments inside a patient’s body after an operation. Punitive damages are rarely awarded in medical malpractice cases.
One of the most critical problems faced by medical malpractice victims is calculating the true value of their claim – especially if the malpractice resulted in long-term or lifelong disability. A Pittsburgh medical negligence lawyer at KDS Legal is experienced in performing just this type of calculation and in justifying it with admissible evidence that will allow you to win a verdict or, preferably, a generous settlement.
Some of Our Other Areas of Practice
In addition to medical malpractice claims, a Pittsburgh medical negligence attorney at KDS Legal also handle the following types of claims:
- Mesothelioma claims
- Asbestos and asbestos-related claims
- Toxic chemical exposure
- Personal injury
- Wrongful death
Frequently Asked Questions (FAQs)
How does a court calculate “pain and suffering” damages in a medical malpractice lawsuit?
Pain and suffering damages are awarded in compensation for the physical suffering you endured as a result of the defendant’s misconduct, and it often amounts to far more than the total compensation for medical bills. Two of the most popular ways of calculating pain and suffering damages are:
- As a multiple of the amount of your medical expenses; or
- As a certain amount per day that you suffered.
How long do I have to file a medical malpractice claim?
Generally, you have two years from the date that you discovered (or should have discovered) that the harm you suffered was caused by medical negligence. Your claim can still be barred, however, if it is not filed with seven years of the date that the medical negligence actually occurred. If the victim dies, the personal representative of the estate has two years from the date of death to file a wrongful death lawsuit.
What’s the difference between a medical malpractice claim and a nursing home abuse claim?
In a medical malpractice claim, you must prove the existence of a doctor-patient relationship, and you must prove that the doctor or other healthcare provider deviated from the standard of care expected of professionals. In a nursing home abuse claim, you typically do not need to establish a doctor-patient relationship and the standard of care expected of the nursing home is somewhat lower. This is because nursing home employees are typically not doctors or nurses.
What is the likelihood that my case will go to trial?
Statistically, over 90 percent of all medical malpractice claims are settled out of court. Since every case is different, however, no absolute guarantee can be made.
Contact the Pittsburgh Medical Malpractice Lawyer at KDS Legal Today
The experienced Pittsburgh medical malpractice attorney at KDS Legal has seen it all, and there is not much that can happen in a medical malpractice case that they haven’t handled successfully before. If you believe you may have been victimized by medical malpractice, call us, email us at email@example.com, or contact us online to schedule a free consultation. And remember: If we don’t win, you don’t pay.
We serve clients in the Strip District, Lawrenceville, Shadyside, and elsewhere in Pittsburgh as well as throughout Western Pennsylvania. If you are too ill or injured to come to us, we can come to you.