Easton Medical Malpractice Attorney
If you have been injured due to the negligent, reckless, or intentional acts of a treating healthcare professional in Easton or any other Pennsylvania city, you may be entitled to recover damages pursuant to a medical malpractice claim.
It’s worth noting that Pennsylvania makes it much more feasible to litigate a medical malpractice claim than many other states. Pennsylvania does not impose a medical malpractice damage cap, whereas other states (such as California, which implements a $250k cap on noneconomic damages) often limit potential recovery.
Generally speaking, medical malpractice claims are complicated and expensive for firms to litigate. Without a damage cap, the potential of your claim is much higher than in a capped state, making it easier to litigate (and to work with top-notch experts).
As an injured plaintiff in Pennsylvania, you may have an actionable medical malpractice claim if you can show that:
- The defendant healthcare professional violated the standard of care;
- The defendant’s violation caused your injuries, or increased the risk of harm; and
- That you suffered damages as a result.
With just this legal terminology, it can be rather difficult to understand how a medical malpractice claim fits together. Let’s consider some of the basic elements.
Understanding the Standard of Care
Errors are inevitable in the healthcare industry. Critically, if a healthcare professional commits an error, that does not necessarily mean that he or she is liable for injuries that result from such error. To impose liability, Pennsylvania medical malpractice law requires that the standard of care have been violated, too.
What is the standard of care?
Basically, the “standard of care” is a circumstantial standard to which all healthcare professionals are held. What is deemed the standard of care applicable to a given situation depends on a number of factors, such as the healthcare professional’s training, the stressfulness of the situation, and the nature of the medical issue being diagnosed/treated. A healthcare professional does not violate the standard of care by making a mistake — they will have violated the standard of care if they make a mistake that others in the same situation (with similar training, experience, etc.) would not have made.
Even if a healthcare professional in Easton or any other city violates the standard of care in some way, it does not lead to liability unless the violation gave rise to the injury at-issue. For example, if you have been diagnosed with cancer, you cannot hold an orthopedic surgeon liable for using making a surgical error that caused a muscle tear — the two issues are unrelated, even if the surgeon violated the standard of care in making an error.
You can hold the defendant liable for increasing the risk of harm significantly. For example, if a physician fails to diagnose your cancer until an advanced stage, then it will be quite difficult to show that the physician’s negligence “caused” your injuries, but you can likely show that the physician’s failure to diagnose you in a timely manner increased the risk of harm.
Consult an Easton Medical Malpractice Attorney Today
Here at Drake, Hileman & Davis, PC, we have successfully litigated personal injury and medical malpractice claims for over 32 years. With over a century of combined legal experience, our attorneys are well-equipped to navigate the unique difficulties that are associated with medical malpractice litigation — over the years we have developed strong relationships with top-notch medical experts and other industry experts, and we are capable of taking the claims to trial. Our results speak for themselves: just recently, we secured a $350,000 jury verdict in a medical malpractice case.
If you have been injured due to the carelessness of a healthcare professional, you may be entitled to compensation, whether you were injured in a private or public facility, a clinic or a hospital (such as Easton Hospital or St. Luke’s). It’s important to consult with an attorney as soon as possible, however. Pennsylvania implements a two-year statute of limitations deadline that begins to run from the day that you discovered (or reasonably should have discovered) your injury.
Call (888) 777-7098 to schedule a free consultation with an Easton medical malpractice attorney today.