In Chester County, PA, the most common type of medical malpractice involves misdiagnosis of a critical health condition such as, stroke, heart attack and pulmonary embolism.
Medical misdiagnosis often involves the following conduct:
- failing to take a full medical history,
- failing to conduct a complete medical exam,
- administrative errors, or
- breach of hospital or medical office procedures.
If you have been a victim of negligence in Chester County, call our Pennsylvania med mal lawyers today.
Why Hire Our Chester County, PA Medical Malpractice Attorneys?
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.
Our team of attorneys successfully represented patients in claims against hospitals and medical professionals throughout Pennsylvania, obtaining some of the highest verdicts and settlements in the area. Our firm accepts cases in Chester County, including West Chester, Pottstown, Coatesville, Downingtown, Phoenixville, Wayne, Malvern, Exton, etc. Call for a FREE CONSULTATION. (610) 825-0500
Chester County Medical Misdiagnosis Case Result: In a 2021 Chester County medical misdiagnosis case, our law firm obtained a $2 million jury verdict for an elderly couple against Phoenixville Hospital. The wife’s stroke was misdiagnosed as a psychiatric disorder which caused a delay in critical stroke treatment. As a result, we alleged that she suffered a permanent injury.
How a Medical Malpractice Attorney Can Help You
Medical malpractice cases are not for the faint of heart. They are more complicated than typical personal injury claims and require additional procedural steps just to get started. They also feature large healthcare institutions and insurance companies on the other side, meaning you need your own legal representation to even the playing field.
A medical malpractice attorney can help you evaluate whether a healthcare provider failed to meet the appropriate standard of care before your injury or illness. An attorney may assist with a malpractice case by:
- Reviewing medical records to identify potential negligence
- Consulting medical experts to evaluate whether the standard of care was violated
- Investigating how the error occurred and which providers were involved
- Identifying hospitals, doctors, or medical facilities that may share liability
- Calculating the full extent of damages caused by the malpractice
- Filing the necessary legal documents and complying with Pennsylvania court procedures
Medical malpractice claims often require a certificate of merit, which is a document confirming that a qualified medical professional believes the case has a legitimate basis. A lawyer can help ensure that you satisfy this requirement and other procedural rules before initiating your case.
Common Types of Medical Malpractice in Pennsylvania
Under Pennsylvania law, medical malpractice occurs when a healthcare provider fails to provide treatment that meets the accepted standard of care, and that failure causes injury to a patient. The standard of care generally refers to the level of skill and attention that a reasonably competent medical professional would provide under similar circumstances.
Medical malpractice can arise in many different forms depending on the type of treatment involved.
Some of the most common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Anesthesia errors
- Failure to monitor a patient
In many cases, these errors occur because medical providers fail to follow established procedures or overlook warning signs that should have prompted additional care.
Pursuing a Medical Malpractice Lawsuit in Chester County, PA
Medical malpractice claims are some of the most complex types of civil cases. These cases are time-consuming and costly to pursue and win. Medical experts must be retained, and in some cases, multiple experts are necessary. Therefore, the harm suffered by the patient and their family must be significant enough to justify moving forward with the case.
Even if a doctor was negligent, if that negligence did not result in any significant harm, there is no case. For example, a family doctor fails to diagnose a serious case of bacterial pneumonia. However, the diagnosis is corrected days later, and the patient recovered after receiving antibiotics. Here, there is no harm, despite the misdiagnosis. As a result, there is no viable medical malpractice claim.
Compensation in a Chester County Medical Malpractice Lawsuit
In cases where the harm is significant, and the patient can prove medical negligence occurred, Pennsylvania medical malpractice law permits patients to seek compensation for any and all losses which result from the medical malpractice. Common claims include:
- pain and suffering,
- medical bills,
- lost wages, and
- out of pocket expenses.
In cases where a patient dies or becomes permanently disabled, future damages such as future wage loss and future medical bills are also compensable. For example, a 50-year-old patient dies after his heart attack was undiagnosed. The patient is the sole breadwinner for the household. His family would be able to make a heart attack misdiagnosis claim in Pennsylvania for the loss of all future earnings, in addition to the claims discussed above.
How Long Do I Have to File a Medical Malpractice Lawsuit?
Pennsylvania law places strict deadlines on filing medical malpractice lawsuits. In most cases, a patient has two years from the date the injury occurred to file a malpractice claim.
This deadline is known as the statute of limitations. If you fail to file your lawsuit within this timeframe, the court may dismiss your case and you may lose the right to pursue compensation.
However, there are limited exceptions that may affect when the two-year period begins. There are also special rules for cases involving minors. Additionally, in some situations, a patient may not immediately realize that a medical error caused their injury. Under the discovery rule, the statute of limitations may begin when the patient knew, or reasonably should have known, that malpractice occurred.
Pennsylvania enforces a statute of repose that places an overall limit on how long medical malpractice claims can be brought after the alleged malpractice occurred. This is usually seven years.
An experienced medical malpractice lawyer can review your case and help ensure that your claim is filed within the appropriate deadlines.
About Morris Wilson Knepp Jacquette
Our law firm provides 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. Cases are accepted across Pennsylvania. Call us for a FREE CONSULTATION. (610) 825-0500