Stroudsburg Medical Malpractice Attorney
If you have suffered injuries at the hands of a healthcare professional in Stroudsburg, Pennsylvania or elsewhere in the state, you may be entitled to recover damages as compensation. Let’s take a brief look at some of the basics.
What Constitutes Medical Malpractice?
Medical malpractice occurs when:
- A qualified healthcare professional fails to adhere to the standard of care, and
- As a result, causes you to suffer injuries.
The standard of care is based on the totality of circumstances (i.e., the nature of the illness/injury/condition, the training and experience of the healthcare professional, the location of the healthcare facility, and more). To show that the treating healthcare professional violated their standard of care, you will likely want to introduce the testimony of medical experts who can make a persuasive argument about what the standard of care would have been in the situation at-issue. You can then show that the defendant’s conduct violated that standard of care.
Of course, some situations are so egregious that it is immediately clear that the defendant violated the standard of care. For example, if you complain to your Stroudsburg physician about severe heart pain, and your physician fails to refer you to a cardiologist, or fails to conduct any diagnostic tests on you, then they have arguably violated the standard of care, and would be liable for medical malpractice if you suffered from injuries due to an undiagnosed heart condition.
Statute of Limitations
The statute of limitations for medical malpractice claims in Pennsylvania is two years from the date that you discovered your injuries (or reasonably should have discovered your injuries). For example, suppose that your surgeon makes a mistake during surgery, causing you injuries. These injuries do not develop into a symptomatic condition until several years later, however. If you discover the injuries later, you could likely assert that you should not have been expected to have reasonably discovered the injuries earlier, and that your statute of limitations period should not begin to run until the date that you actually discovered the injury.
If you wait too long to file your claims, you will be deemed to have relinquished your claims under Pennsylvania law, and you will no longer be entitled to pursue damages through litigation, so make sure to get in contact with a qualified Stroudsburg medical malpractice lawyer as soon as possible.
Pennsylvania Does Not Have a Damage Cap
Pennsylvania — unlike many other states — does not implement a damage cap for compensatory damages in the medical malpractice context. In states like California, for example, plaintiffs are limited to recovering just $250,000 of non-economic damages (i.e., pain and suffering, emotional distress, loss of enjoyment of life, etc.). In Pennsylvania, by contrast, you may recover damages for whatever losses you actually sustained. The only limitation is on punitive damages.
Punitive damages are damages designed to punish the defendant for their malicious or egregious conduct. If you have suffered medical malpractice injuries due to the defendant’s malicious conduct, the court may award punitive damages, but in the Pennsylvania medical malpractice context, these damages are limited to just two times the total compensatory damages.
Connect With a Stroudsburg Medical Malpractice Attorney Today
Here at Drake, Hileman & Davis, PC, our attorneys bring to bear nearly a century of experience representing injured plaintiffs in medical malpractice lawsuits against physicians, surgeons, nurses, and hospitals, among others. We fully understand the challenges associated with litigating medical malpractice claims against defendants with substantial resources and with the built-in legitimacy provided by their profession, and are well-equipped to pursue litigation and recover damages on behalf of our clients.
Our firm is dedicated to personalized legal advocacy. Throughout the litigation process, we are readily available to answer any questions or concerns you may have about your lawsuit and about the litigation process generally. We recognize that every client is different, and that some clients may have different strategic objectives. At every stage, we will work closely with you to ensure that your objectives are properly targeted and enabled by our efforts.
Call (888) 777-7098 today to setup a free consultation with a Stroudsburg medical malpractice attorney here at Drake, Hileman & Davis, PC.