Under Pennsylvania law, medical professionals such as doctors, specialists, etc., can be held liable when negligent conduct causes harm or injury to a patient. Medical malpractice occurs when a doctor fails to adhere to the appropriate standard of care, and that action or inaction causes the harm. Establishing the applicable standard of care and proving how that standard was breached are critical to the success of every Pennsylvania medical malpractice case, whether it involves a stroke misdiagnosis or hospital error.
Morris Wilson Knepp Jacquette, P.C. achieved a Best Law Firm rating by U.S. News & World Report in the areas of medical malpractice law and personal injury law from 2016 until the rating was discontinued in August 2023. We accept cases in Bucks County, including Levittown, Doylestown, Quakertown, Croydon, Bristol, Fairless Hills, etc. Call (610)825-0500 for a FREE CONSULTATION.
Who Can Be Liable in a Bucks County Medical Malpractice Case?
Any medical provider may be held liable for medical malpractice. This includes not only medical doctors, but also:
- nurse practitioners,
- physician assistants,
- physical therapists, and
- chiropractors.
In addition, medical offices and large organizations like hospitals may also be held liable.
For example, a nurse practitioner at an emergency room fails to diagnose a serious infection. When recording the patient’s treatment notes, the nurse fails to document critical information, such as the patient’s visible symptoms and follow up treatment plan. The patient dies days later due to sepsis. When questioned about the failure to document the treatment, the nurse states that she was unclear on how to enter the information into the new computer system. In this instance, the patient’s family would have a viable Pennsylvania hospital malpractice case against not only the nurse practitioner, but also the hospital.
Amended Law Helps Patients File Pennsylvania Medical Malpractice Claims, Effective January 1, 2023
As of January 1, 2023, a change to Pennsylvania’s Rules of Civil Procedure will give patients the ability to choose where to file their medical malpractice lawsuits. Previously, patients were required to file medical malpractice claims in the county where the negligent conduct occurred. In January, cases may be filed in any county where 1. the defendant can be served (i.e., does business, has an office, etc.), 2. the negligent conduct took place, or 3. a relevant transaction or event took place.
Steps in a Bucks County Medical Malpractice Lawsuit: Pleadings, Discovery & Resolution
Medical malpractice lawsuits in Bucks County will follow the same course as any other civil lawsuit. During the pleadings stage, the parties file their respective documents to assert their claims and defenses.
During discovery phase, the parties exchange documents and evidence and also depose witnesses. In medical malpractice actions, witnesses typically include the patient, patient’s spouse/family members, the defendant(s), hospital employees, if applicable, and medical experts hired by each side.
Resolution of a medical malpractice lawsuit will typically be via settlement, arbitration or mediation, or trial. The parties can agree to settle the matter at any time, either privately or with the court’s aid via a settlement conference. Arbitration or mediation typically occur after discovery, before the case is tried. Both sides will agree on the arbitrator or mediator, usually an experienced attorney. The difference between an arbitration and mediation is that the former functions like an informal mini-trial where both sides present their cases and arguments. The latter is simply a meeting between the two parties who will discuss their respective cases with a mediator who will try to negotiate a settlement. In medical malpractice cases, it’s critical to prepare the case for trial. In fact, it’s best to assume that every case will be tried, rather than resolved by way of a settlement, arbitration or mediation.
About Morris Wilson Knepp Jacquette
Our medical malpractice lawyers provide client-centered representation and devote tremendous amounts of resources, time, and attention to our clients’ cases to provide them the best chance at maximum compensation. Our goal in every medical malpractice case is to help our clients achieve financial security as they face future medical care, therapy, or other rehabilitation bills. Call us for a FREE CONSULTATION. (610) 825-0500