If you or a loved one has suffered harm due to medical malpractice in Pennsylvania, you may be considering a Philadelphia medical malpractice lawsuit. These lawsuits typically proceed in the following stages:
- You will consult with an experienced medical malpractice attorney.
- Your attorney will investigate your case to uncover what happened and whether negligence played a role in the incident.
- Your attorney will initiate a lawsuit against the medical provider responsible for your injuries/condition.
- The parties in the lawsuit will engage in a process called discovery, where both sides exchange evidence related to the incident in question.
- Once the discovery phase is complete, the parties will likely engage in settlement negotiations. If a fair settlement cannot be reached, the case will proceed to trial.
Understanding each of these stages can help you protect your legal rights and set the right expectations for the timeline of your case.
Step 1: Consultation
The process begins with a consultation with an experienced Philadelphia hospital malpractice attorney. During this initial meeting, you’ll discuss what happened, review your medical records, and evaluate whether your case has legal merit. The attorney will consider factors such as the severity of your injury, how the provider deviated from standard care, and whether the negligence caused measurable harm.
Step 2: Investigation
If the attorney believes your case has potential, they will conduct an investigation. This involves gathering medical records, imaging reports, lab results, and treatment notes. In most cases, your attorney will also consult with independent medical experts to review your case and determine if there is evidence of a breach in the standard of care.
Step 3: Filing the Lawsuit
After the investigation is complete, your attorney will file a formal complaint in court. This document outlines the allegations, names the defendants (e.g., doctor, hospital, or clinic), and begins the official litigation process. In Pennsylvania, you must also file a Certificate of Merit with your case. This is a legal document confirming that a qualified medical expert has reviewed the case and believes the defendant deviated from accepted medical standards when providing treatment to you.
Step 4: Discovery Phase
After the lawsuit is filed, both sides enter a period known as discovery. This is where each party exchanges documents, medical records, and expert reports. Witnesses, including medical professionals, may be deposed (questioned under oath), and both sides may hire their own medical experts to provide opinions on whether negligence occurred. Discovery is a critical stage because it allows each party to build cases and understand the strengths and weaknesses of the other side.
Step 5: Settlement or Trial
Once discovery is complete, the case may move toward settlement negotiations. Many medical malpractice claims are resolved out of court if both parties agree on fair compensation. If the parties do not reach a settlement, the case proceeds to trial.
To win a malpractice case in Pennsylvania, you must prove the following:
- Duty of care – The healthcare provider had a legal obligation to treat you according to accepted medical standards.
- Breach of duty – The provider failed to meet the standard of care. This element requires testimony from one or more experts in the same field as the defendant.
- Causation – The breach directly caused your injury.
- Damages – You suffered physical, emotional, or financial harm.
A judge or jury will hear the evidence and determine whether the provider was negligent and what damages they owe the plaintiff.
Consult A Medical Malpractice Lawyer for Help With Your Case
Medical malpractice lawsuits are complex. If you believe you’ve been harmed by a medical error, an experienced Philadelphia radiology error attorney can evaluate your case, consult with medical experts, and seek compensation for your damages.
Contact a trusted medical malpractice lawyer today to schedule a free consultation and begin the path toward justice.