Scranton Medical Malpractice Attorney

When we visit our doctors, we trust them with some of our most sensitive information and situations. However, doctors can breach their standard of care and act in negligence, leading to injuries, worsening illnesses, and other damages. As a result, you can face thousands of dollars in medical bills, weeks or months of recovery time, and lasting consequences such as disability and emotional trauma. In these cases, you could pursue legal action.

If you or a loved one suffered injuries because of medical malpractice, you are not alone and should speak with a Scranton medical malpractice attorney as soon as possible. You may be eligible to collect financial compensation to recover from your losses.

Scranton medical malpractice lawyer

Why Hire Rosenbaum & Associates for Your Medical Malpractice Claim?

The lawyers at Rosenbaum & Associates in Scranton, PA have the resources, legal background, and litigation knowledge necessary to guide you through the claims process and find your optimal path to maximum compensation. You should choose us for several reasons:

  • With over 50 years of combined legal practice, Rosenbaum & Associates secured millions of dollars in settlements for our clients.
  • Our firm specializes in multiple forms of personal injury law, including medical malpractice, traumatic accidents, and premises liability.
  • Due to our decades of knowledge operating in the Scranton area, our firm has a network of experts and resources necessary to craft a compelling case in your favor.
  • Our firm believes in comprehensive and aggressive representation. We have experience negotiating with insurance companies and presenting cases in the courtroom. We are not afraid to bring your case to trial in order to secure the maximum possible settlement.
  • Our firm operates on a contingency fee basis to make collecting your medical malpractice damages risk-free. You do not pay any legal fees unless we secure a settlement on your behalf. If we secure a settlement, our firm takes an agreed-upon percentage as payment – effectively reducing your out-of-pocket costs.

Call (215) 569-0200 today to schedule a free consultation. An experienced Scranton medical malpractice lawyer can review the details of your claim and let you know your legal options.

Compensation for Medical Malpractice

In order to successfully file a medical malpractice lawsuit, your Scranton medical malpractice attorney will have to prove that your doctor committed an act of negligence and that you suffered injuries because of the negligence. Under Pennsylvania law, you can claim general, special, and punitive damages. Pennsylvania does not place a cap on the amount of damages you can collect, except for punitive damages.

General Damages

General damages refer to damages that you cannot quantify. They are not out-of-pocket costs and do not have a dollar value, but still impact you due to your injuries or illnesses. Examples of general damages you can claim in medical malpractice cases include:

  • Loss of enjoyment of life
  • Loss of future earning capacity
  • Pain and suffering, both physical and mental

Special Damages

Special damages refer to damages that you can assign a dollar amount to. When you suffer injuries from an act of medical malpractice, you may require additional treatment and recovery time. You cannot claim special damages for the condition that you visited the doctor for in the first place. Common special damages include:

  • Past and future medical expenses related to the injury
  • Lost wages due to recovery time
  • Mobility equipment to cope with disability related to the injury

Punitive Damages

Pennsylvania courts award punitive damages for especially harmful and intentional behavior. For example, if a doctor intentionally makes an error during surgery so that you would come back and have another surgery, giving the doctor more money, you could receive punitive damages. You can only receive punitive damages up to two times the amount of the other damages in your case.

Medical Malpractice and Wrongful Death

If the medical malpractice led to wrongful death, you can collect damages on behalf of your deceased loved one if you are the personal representative of his or her estate. These damages help support the family and estate of the deceased. Common damages you can claim in wrongful death claims include:

  • Funeral and burial expenses
  • Final medical expenses
  • Lost wages and benefits
  • Pain and suffering compensation
  • Estate administration expenses
  • Loss of household services
  • Loss of society
  • Loss of comfort

Pennsylvania Medical Malpractice Statute of Limitations

In order to file a medical malpractice lawsuit in Pennsylvania civil court, you must adhere to the statute of limitations. You have two years after the date you know or should have reasonably known about the following factors:

  • That you suffered an injury
  • That your doctor committed an act of negligence or malpractice
  • That the doctor’s act led to your injuries

You may not know about the malpractice until a later date. In all cases, regardless of when you knew about the nature of your injury, you have seven years from the date that the injury occurred to file your case. The only exception to this rule is when a surgeon leaves a foreign object inside your body.

In medical malpractice cases that involve wrongful death, you have two years from the date of death to file a claim on behalf of a loved one. In the case of a child who suffers medical malpractice injuries, he or she has seven years from the date of his or her 20th birthday to file a claim.

Common Errors Made by Doctors and Hospitals

Doctors and hospitals are not exempt from causing harm to their patients. Common errors that these medical professionals can make include:

  • Administering too little or too much anesthesia
  • Failure to identify birth defects
  • Failure to diagnose a condition
  • Unnecessary amputation
  • Misdiagnosis or delayed diagnosis
  • Failure to respond to signs of fetal distress
  • Leaving foreign objects inside a patient after surgery
  • Prescribing the wrong medication
  • Performing the wrong surgery on a patient
  • Failure to order a cesarean section
  • Prescribing too much or too little of a medication
  • Improper use of forceps or a vacuum extractor during childbirth
  • Malfunctioning medical equipment
  • Improper intubation during surgery
  • Failure to look at a patient’s medical history for allergies or potential complications
  • Failure to monitor a patient’s vital signs
  • Failure to warn patient of risks involved with a treatment
  • Failure to provide pre-operation instructions
  • Failure to provide aftercare instructions

Common Types of Medical Malpractice

Medical malpractice refers to the negligence of a medical professional while treating a patient. The malpractice can result in injuries to the patient, a worsening condition, new illnesses, and many other damages, both economic and non-economic. Certain types of medical malpractice occur at higher rates than others:

  • Misdiagnosis. One of the most common errors of medical malpractice is misdiagnosis, which occurs when a doctor diagnoses a condition as something else or completely misses the presence of an injury or illness. In many of these cases, misdiagnosis can lead to worsening conditions and even death, especially in emergencies.
  • Surgical errors. Mistakes by a surgeon or an anesthesiologist can lead to dangerous complications in a patient. Common forms of surgical errors include performing a surgery on the wrong body part or patient, performing the wrong surgery, damaging a nerve, leaving an object inside a patient, not controlling bleeding, or administering the wrong amount of anesthesia.
  • Birth and pregnancy negligence. Many errors can occur during childbirth or the course of pregnancy. These errors can lead to injury and death for both the mother and baby. Sometimes, doctors can fail to monitor the baby during labor and miss signs of fetal distress, leading to injury to the baby. Other forms of birth negligence include hemorrhages, excessive bleeding, excessively long labor, C-section surgical negligence, anesthesia errors, and placental abnormalities.
  • Medication errors. Doctors can prescribe the wrong medication, neglect a medication allergy, or prescribe a dose that is too high or too low. Medication errors can lead to dangerous consequences and damage for the patient, including a worsening condition or overdose.

How Do You Prove Medical Malpractice?

Proving a case of medical malpractice is not easy. For best results, hire a Scranton medical malpractice lawyer from Rosenbaum & Associates to conduct an in-depth investigation into the circumstances of your case. In order to successfully prove a claim of medical malpractice, your attorney must establish the following factors:

  • Your attorney must prove that you and the doctor had a doctor-patient relationship and therefore, your doctor owed you a certain standard of care. This factor helps distinguish between informal and formal medical care. If your doctor friend provides you with advice at a party, for example, you cannot sue him or her for malpractice.
  • Your attorney must prove that the doctor acted in negligence. If a similarly trained and educated doctor would not have made the same mistake under the same circumstances, you can prove this negligence. Your attorney can put you in contact with medical experts to prove this factor.
  • Your attorney must prove that your doctor’s negligence caused your injury. The doctor’s actions must have led to additional harm on top of your previous condition. This factor can be difficult to prove, but your attorney can collect evidence to support your claim.
  • Your attorney must prove that your injury led to damages, such as additional pain, a worsening condition, additional medical bills, lost wages, or a lost earning capacity. You file your lawsuit to collect compensation for these damages.

Free Consultation with a Medical Malpractice Lawyer in Scranton

Medical malpractice cases can be complex and involve multiple parties. Proving a case of medical malpractice requires an in-depth investigation and significant resources. A skilled Scranton medical malpractice attorney can provide numerous benefits to you and to your claim:

  • Your attorney will have access to a network of medical experts to consult about your injuries and provide testimony during your case.
  • Your attorney can guide you through the litigation process step-by-step, ensuring you meet deadlines and you file paperwork with no errors. This assistance can relieve the burden of the claim off of you so that you can focus on recovery.
  • Your attorney has the resources necessary to conduct a full investigation into your injuries. Your attorney will have the ability to access crucial pieces of evidence and build a strong case on your behalf.

Are you ready to file your Scranton medical malpractice claim? Contact Rosenbaum & Associates today to schedule your free consultation with one of our attorneys.