Pennsylvania Medical Malpractice Lawsuits, Can You Get Compensated for Medical Bills & Lost Pay?

Financial Losses Due to Medical Malpractice in Pennsylvania

When medical malpractice happens in a hospital or doctor’s office in Pennsylvania, patients who suffer real harm often face serious financial consequences. Medical bills pile up and patients often need to take significant time off from work. Can patients seek compensation for these financial losses? This is something that patients who seek help from our Pennsylvania medical malpractice lawyers often want to know.

If the underlying case is successful, Pennsylvania law allows the patient in a medical malpractice case to be made whole as a result of the medical negligence. In the article below, our lawyers discuss claims for medical bills, lost earnings and incidental expenses. Visit our Pennsylvania Medical Malpractice Law Library for more info.

About Morris Wilson – Best Rated Law Firm

Our lawyers specialize in complex medical malpractice cases, including hospital malpractice, misdiagnosis cases and more. We’ve built a reputation as skilled trial lawyers who deliver results for our clients. 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

Related Case Result: $7+ Million Trial Verdict in a Philadelphia hospital malpractice case involving failure to diagnose obvious signs of pulmonary embolism which led to the 50 year old patient’s death.

Past & Future Medical Expenses

The patient in a medical malpractice lawsuit can seek compensation for all past medical expenses incurred as a result of the medical negligence. This may include additional surgeries, physical therapy, follow-up treatment, medications, etc.

Pennsylvania law is pretty complex when it comes to making a claim for medical expenses that were paid by private health insurance or public sources such as Medicaid or Medicare. Depending on the situation, medical bills paid by other sources may not be recoverable. In other words, the patient may not be able to make a claim for what was paid by other sources, like insurance.

In addition, Pennsylvania law allows patients to make claims for any reasonably necessary future medical treatment. For example, as a result of misdiagnosis of cancer, the patient requires extensive oncology treatment including years of hormone therapy. The cost of the hormone therapy may be included in the damages claim in the patient’s cancer misdiagnosis lawsuit.

Past & Future Lost Pay or Earnings

If, as a result of the medical malpractice, the patient missed time from work, the patient is entitled to be compensated for lost earnings or wages. If the injury causes long-term disability or permanent loss of earning capacity, the patient is entitled to be compensated for the future losses. This typically includes loss of future income in cases of total disability, i.e., the patient cannot return to any type of work.

In cases of partial disability, where the patient can resume some limited form of work, the patient can make a claim for the difference in what the patient would have earned but for the medical negligence and what the patient will actually earn, including fringe benefits, cost of living increases, etc., until retirement.

For example, a 50 patient whose stroke was misdiagnosed at a Philadelphia hospital suffers permanent brain damage as a result of the misdiagnosis. Prior to the stroke, the patient earned income as an accountant. As a result of the brain damage, the patient can no longer work as an accountant. Instead, the patient is now suited for much less demanding work and finds a part time position as a clerk in the accounting department of a small business, a position that only pays 20% of the patient’s salary as an accountant. In the patient’s medical malpractice lawsuit against the Philadelphia hospital, one of the claims would be for future lost earnings, the difference between the wages as an accountant and the clerk.

Incidental Expenses

Patients may also make claims for incidentals or out of pocket expenses. One of the more common type of expense is household help. A parent who is unable to assume basic duties around the house may have to hire help. Likewise, a parent who previously provided care for their child may be forced to pay for childcare. In these instances, the parent-patient can seek compensation for these out of pocket expenses. Other types of incidental expenses include travel/mileage, miscellaneous out of pocket expenses for medical supplies, etc.