Pittsburgh Medical Malpractice Attorneys

Several contributing factors can lead to medical malpractice, and it's often a combination of these factors that contribute to such cases. Here are some of the main contributing factors:

• Negligence: Negligence is a key factor in medical malpractice cases. It occurs when a healthcare provider fails to provide the standard of care expected in their field. This can involve misdiagnosis, surgical errors, medication errors, or failure to properly communicate with the patient.
• Lack of Informed Consent: Before undergoing medical procedures or treatments, patients have the right to be informed about the potential risks and benefits. Failure to obtain informed consent or adequately explain the risks can lead to medical malpractice claims.
• Communication Issues: Poor communication among healthcare providers, including inadequate handoffs or miscommunication of critical patient information, can result in mistakes and adverse outcomes.
• Inadequate Training or Experience: Healthcare professionals are expected to have the necessary training and experience to perform their duties competently. Inexperienced or undertrained medical staff may make errors that lead to malpractice claims.
• Fatigue and Overwork: Long hours, fatigue, and overwork can impair a healthcare provider's judgment and performance, increasing the likelihood of errors.
• Systemic Issues: Problems within the healthcare system, such as overcrowded hospitals, inadequate staffing, or faulty equipment, can contribute to errors and malpractice. Our medical negligence attorneys in Pittsburgh are well-versed in dealing with such complexities.
• Documentation Errors: Incomplete or inaccurate medical records can lead to misdiagnosis, improper treatment, or other mistakes that may result in malpractice claims.
• Failure to Follow Established Protocols: Healthcare providers are expected to adhere to established protocols and guidelines. Deviating from these standards without a valid reason can result in malpractice claims.
• Substandard Facilities: In some cases, medical malpractice can occur due to the poor condition of healthcare facilities, outdated equipment, or inadequate resources.
• Inadequate Supervision: Failure of supervisors to oversee and correct the actions of healthcare providers can lead to mistakes and malpractice.
• Time Constraints: In busy healthcare environments, providers may be under pressure to see a large number of patients in a limited amount of time. This can lead to rushed decisions and inadequate care.
• Emotional or Psychological Factors: Healthcare professionals may experience stress, burnout, or emotional distress, which can impair their judgment and performance.
• Drug or Alcohol Use: Substance abuse among healthcare providers can lead to impaired judgment and mistakes that result in malpractice.

Medical Malpractice Laws in Pennsylvania

If you are pursuing a medical malpractice case in Pittsburgh, it’s important to understand how Pennsylvania law governs these claims.

Statute of Limitations

Under Pennsylvania law, victims of medical malpractice generally have two years from the date of injury — or from the date they reasonably discovered the injury — to file a claim. However, exceptions may apply in cases involving minors or fraud.

Certificate of Merit

To file a malpractice lawsuit, Pennsylvania requires a Certificate of Merit. This document must be signed by a qualified medical professional who attests that there is a reasonable probability that the defendant’s care fell below the acceptable standard of care.

Comparative Negligence Rule

Pennsylvania follows a modified comparative negligence rule. This means if a patient is found partially at fault for their injury, their compensation may be reduced by their percentage of fault. If they are more than 50% at fault, they cannot recover damages.

Damages in Medical Malpractice Cases

Victims of medical malpractice may be entitled to several types of compensation, including:

• Economic damages: Medical expenses, rehabilitation costs, and lost income.
• Non-economic damages: Pain, suffering, emotional distress, and loss of enjoyment of life.
• Wrongful death damages: Funeral expenses, loss of companionship, and loss of financial support (if the malpractice results in death).

Who Is Liable for Medical Malpractice?

Medical malpractice liability typically falls on healthcare providers, institutions, or entities involved in the patient's care. Here are some common parties that can be held liable for medical malpractice:

• Healthcare Professionals: This includes doctors, surgeons, nurses, anesthesiologists, and other medical practitioners directly involved in the patient's treatment. They can be held liable if they deviate from the accepted standard of care, resulting in harm to the patient.
• Hospitals and Healthcare Facilities: Hospitals can be held liable for medical malpractice if they are found negligent in their hiring, training, or supervision of staff, or if they fail to maintain proper equipment and facilities. They can also be liable for errors in administration, such as medication errors or failure to monitor patients adequately.
• Pharmaceutical Companies: If a medication or medical device is defective or causes harm due to inadequate warnings or instructions, the pharmaceutical company responsible for its production and distribution may be held liable for resulting injuries.
• Medical Device Manufacturers: Similarly, manufacturers of medical devices can be held liable for design defects, manufacturing defects, or failure to provide adequate warnings or instructions for the use of their products.
• Other Healthcare Professionals: Besides doctors and nurses, other healthcare professionals such as pharmacists, physical therapists, and chiropractors, can also be held liable for malpractice if their actions or negligence result in harm to a patient.
• Employers of Healthcare Professionals: In some cases, employers of healthcare professionals may also be held vicariously liable for the actions of their employees, particularly if the malpractice occurred within the scope of their employment.
• Government Entities: In cases involving medical care provided by government-run healthcare facilities or providers, such as public hospitals or clinics, the government entity may be held liable for malpractice under certain circumstances.