Can Healthcare Providers Be Found Not Liable for Malpractice Even if They Made Mistakes?
Yes, medical providers are often found not liable for medical malpractice, even when devastating mistakes cost patients their lives. Due to excessive malpractice insurance rates and powerful medical lobbies, injured patients must prove that their healthcare providers failed to meet certain professional standards of care. This high legal threshold varies based on the provider’s medical specialty and the facts of your case, making malpractice claims difficult to litigate for inexperienced attorneys.
Do not take on malpractice insurers alone. Contact the dedicated Reading medical malpractice lawyers at Fanelli, Evans & Patel, P.C. to schedule your free case evaluation.
Legal Standards Applicable in Pennsylvania Healthcare Negligence Cases
Medical providers are held to very specific legal standards in Pennsylvania. Injured patients must show that the doctor violated the applicable standard of care in each particular case, not just that the doctor made a mistake. For example, if you suffered a throat injury during an emergency intubation at Geisinger, the doctor is held to the standard of another doctor in that same emergency. This means the provider may be found not guilty of medical malpractice even though she caused your throat injury.
In medical neglect cases, an attorney must provide evidence in the form of expert medical opinions to prove the following:
- Duty: You were in a lawful doctor-patient relationship.
- Breach: The medical provider breached the professional standard of care applicable to her specialty and the facts of your case.
- Causation: Your injuries were caused or worsened by a medical mistake.
- Damages: You suffered additional damages from a worsening condition or new injury.
Without the help of an experienced medical neglect lawyer in Reading, it can be hard to show that a pre-existing condition worsened due to a medical error. Seek legal help immediately if you suspect a local doctor, nurse, hospital, or rehabilitation center missed a diagnosis or caused you a serious injury.
Common Types of Medical Mistakes in Reading
Actionable medical malpractice claims in Pennsylvania often include the following:
- Missed diagnosis
- Wrong diagnosis
- Labor and delivery (childbirth) errors
- Prescribing the wrong medication or dosage
- Surgical mistakes
- Miscalculating anesthesia
- Failing to treat identified conditions
With the help of expert medical witnesses, healthcare neglect lawyers can settle many viable claims with malpractice insurers. Pursuing a fair settlement is often the best way to obtain damages for your medical expenses, lost wages, and pain and suffering after a devastating medical error.
Additional Claims Against Healthcare Providers
In many cases, patients and their families may have additional legal claims against healthcare providers and facilities. These claims may include nursing home abuse and neglect (elder abuse), negligent hiring, sexual abuse, assault and battery, and general negligence for slip-and-fall accidents. Experienced medical malpractice and personal injury lawyers will analyze every potential legal claim against healthcare providers to maximize their client’s compensation.
Contact Our Compassionate Reading Healthcare Malpractice Lawyers
When you go to the doctor for help, and it hurts, contact the dedicated medical malpractice attorneys at Fanelli, Evans & Patel, P.C. Schedule your free medical neglect case evaluation by calling our local office at (484) 869-2113 or contacting us online.