Is Your Doctor Liable for Medical Malpractice in Pennsylvania? How to Know

In most cases of medical malpractice, patients and their families have no way to tell for sure whether their doctor made a mistake in the diagnosis or treatment of a medical condition. Oftentimes, patients come to our office suspecting that something went wrong because a treating doctor or nurse gave vague answers to questions. In some cases, a patient will suspect medical malpractice after a second or third doctor told them that a previous doctor should have done something differently or otherwise made an error.

Related Article: Pennsylvania Medical Malpractice Lawsuits Explained

Medical Malpractice Lawsuits in Pennsylvania – Initial Legal Requirement

From a legal standpoint, a patient cannot be sure that a doctor or hospital committed medical malpractice without consulting with a medical malpractice lawyer. Under Pennsylvania medical malpractice laws, specifically the Medical Care Available and Reduction of Error (MCARE) Act and the Rules of Civil Procedure, medical malpractice claims are only allowed if a Certificate of Merit is filed early on in the case. The Certificate of Merit must certify that the defendants (doctor, hospital, etc.) engaged in conduct that fell outside acceptable medical standards and that this conduct caused the harm alleged.

This certificate is required in medical malpractice cases filed against any medical providers, such as:

• doctors,
• specialists, and
• hospitals.

Visit our Pennsylvania Medical Malpractice Law FAQ page for additional info.

Morris Wilson – Medical Malpractice Case Results

• Morris Wilson attorneys recovered nearly $8 million for the family of a Philadelphia woman who died after ER doctors failed to diagnose a pulmonary embolism.
• Morris Wilson attorneys recovered over $6 million for a woman whose family doctor failed to diagnose a preventable stroke which resulted in severe disabilities.

Steps Before Filing Pennsylvania Medical Malpractice Lawsuits

There are two key steps to filing a medical malpractice lawsuit in Pennsylvania: 1. gathering and reviewing the medical records, and 2. consulting with a medical expert.

First, the attorney will gather and review all relevant medical records including medical history, test results (including all images), treatment notes, progress notes, lab results, etc. In medical malpractice cases against hospitals, records often include those listed above, as well as consultation reports, operative reports, emergency room reports, and discharge summaries.

If, after reviewing the records, the lawyer believes that medical malpractice occurred, the lawyer will consult with a medical expert in the same field as the defendant doctor. For instance, if an emergency room doctor misdiagnosed a heart attack, the lawyer will consult with an emergency room doctor or cardiologist. If the medical expert determines that medical malpractice occurred, the case may go forward.

Why Consulting With an Experienced Medical Malpractice Lawyer is Necessary

Not all lawyers practice medical malpractice law. This is because of the costs and efforts necessary to succeed in medical malpractice cases. Many law firms don’t actually handle these cases and instead refer them to other lawyers who do.

Morris Wilson specializes in medical malpractice cases including medical misdiagnosis cases, hospital malpractice and more. Our firm will also review complex medical malpractice cases rejected by other law firms. We have the skills, reputation and resources to take these cases to trial and win.

Since 2016, our law firm has received the Best Law Firm rating in the area of Medical Malpractice Law by U.S. News & World Report. Call now for a free case consultation. (610) 825-0500