Washington County
29 East Beau Street
Washington, PA 15301
Washington, PA 15301
Phillips Froetschel
Frequently Asked Questions
Answers to common medical malpractice and personal injury questions in Pittsburgh and Western Pennsylvania.
Answers to common medical malpractice and personal injury questions in Pittsburgh and Western Pennsylvania.
Legal answers for Pittsburgh injury cases
This page brings together common questions about medical malpractice and personal injury claims in Pennsylvania. These answers are general information, not legal advice for a specific case. The safest next step is to speak with an attorney about the facts, records, deadlines and insurance issues involved in your situation.
Medical Malpractice
Medical malpractice can happen when a doctor, hospital, nurse or other medical provider fails to meet the accepted standard of care and that failure causes harm. A bad outcome alone is not always malpractice. The key question is whether the provider did something a reasonably careful medical professional would not have done, or failed to do something that should have been done.
Common examples include delayed diagnosis, misdiagnosis, surgical errors, wrong-site procedures, medication and dosing mistakes, failure to respond to symptoms, premature discharge, birth injuries, anesthesia mistakes and poor follow-up care. The firm’s medical malpractice pages explain these issues in more detail.
A medical malpractice case usually requires proof of duty, breach of the standard of care, causation and damages. In plain English: there was a provider-patient relationship, the care fell below accepted medical standards, that failure caused injury, and the patient or family suffered losses as a result.
It depends on the medical records, timeline and expert review. Phillips Froetschel can evaluate whether the care involved in your case appears to fall below the standard of care and whether that failure caused injury, worsened illness or death.
Pennsylvania cases often involve strict deadlines, and many injury claims use a two-year limitations framework. Exceptions and special rules may apply, especially when the injury was not discovered right away or when the patient is a minor. Because timing can decide whether a claim survives, it is important to ask a lawyer as soon as possible.
Pennsylvania professional liability cases can require a certificate of merit. This generally means the claim must be supported by an appropriate licensed professional or must fit one of the permitted certification categories. This is one reason medical malpractice cases need careful record review early.
In many medical malpractice cases, settlements or verdicts are paid through malpractice insurance and other applicable coverage rather than directly out of the provider’s personal funds. Coverage can depend on the defendant, policy and case facts.
Every case is different. Some claims resolve through negotiation, while others require litigation, expert discovery, trial preparation or trial. Serious medical malpractice cases often take longer than simpler injury claims because the medicine, records and expert issues are more complex.
A civil lawsuit cannot require a doctor or hospital to fire someone or warn every future patient. However, accountability can expose dangerous practices, encourage hospitals and providers to review procedures, and help families seek justice after preventable harm.
Personal Injury
You may have a personal injury case if another person, business or property owner acted negligently, that negligence caused your injury, and you suffered damages such as medical bills, lost income, pain, impairment or other losses. The best way to know is to have a lawyer review the facts.
An insurance claim is usually the first request for payment from an insurer. A lawsuit is a formal court case filed when the claim cannot be resolved fairly or when litigation is needed to protect the client’s rights. Many injury cases involve both stages.
Some claims resolve in a few months, while serious or disputed cases can take much longer. The timeline depends on medical treatment, fault disputes, insurance coverage, the severity of injury and whether a lawsuit becomes necessary.
The answer depends on the type of accident and insurance involved. In some car accidents, your own auto policy may provide first-party medical benefits. In other injury cases, health insurance may pay initial treatment while the legal claim pursues reimbursement from the responsible party or insurer.
Pennsylvania drivers can choose limited tort or full tort on private passenger auto policies. Limited tort may restrict the right to recover certain noneconomic damages, such as pain and suffering, unless an exception applies. Full tort generally preserves broader rights to seek compensation after a crash.
Pennsylvania personal injury and wrongful death claims commonly involve a two-year filing deadline, but special facts can affect timing. Waiting too long can destroy a claim, so it is important to get legal advice promptly after an injury or death.
Get medical care, call police when appropriate, exchange insurance information, take photos, collect witness names, preserve documents, follow medical instructions and avoid discussing fault. Do not give a broad recorded statement or accept a settlement before understanding your injuries and legal rights.
Usually not without legal review. Early offers may not account for future medical treatment, lost income, permanent impairment, pain and suffering or the full effect of the injury. Once a release is signed, it can be difficult or impossible to reopen the claim.
A short conversation can help you understand whether there may be a claim, what evidence matters and what deadlines could apply.
Request a free consultation
Tell us what happened and a Phillips Froetschel team member will follow up about a free consultation.
Request a Free Consultation