What is medical malpractice in Pennsylvania?
Medical malpractice occurs when a doctor, hospital, nurse, anesthesiologist, pharmacy, specialist or other health care provider fails to meet accepted medical standards and that failure causes a patient to suffer harm. A bad outcome alone is not always malpractice. The key question is whether a reasonably careful provider would have acted differently under similar circumstances.
For patients and families in Pittsburgh, a malpractice claim often starts with a detailed review of medical records, timelines, symptoms, test results, treatment decisions and expert medical opinions. Phillips Froetschel, LLC helps clients understand whether the facts point to negligence and whether that negligence caused additional injury, worsened illness, disability or death.
Quick answer
A Pennsylvania medical malpractice case generally requires evidence that a health care provider violated the standard of care and that the violation caused real harm. These cases are evidence-heavy, time-sensitive and often require qualified medical expert support.
Common medical malpractice cases we investigate
Delayed or missed diagnosis
Failure to diagnose cancer, stroke, heart attack, infection or another serious condition before it becomes harder to treat.
Learn about delayed diagnosis claimsSurgical errors
Preventable mistakes before, during or after surgery, including anesthesia problems, wrong-site procedures and poor monitoring.
Learn about surgical error claimsBirth injuries
Labor and delivery negligence involving fetal distress, delayed C-section, oxygen deprivation or injuries to a mother or child.
Learn about birth injury claimsMedication and dosing errors
Wrong medication, unsafe dosage, ignored allergies, dangerous interactions or failure to monitor a patient after prescribing.
Learn about medication error claimsSigns that medical negligence may have occurred
Not every complication means a provider was negligent. However, patients should ask questions when a medical explanation does not make sense, symptoms were ignored, test results were missed, a condition got worse after delayed treatment, or another provider identifies a preventable error.
- A serious diagnosis was delayed despite warning signs.
- A treatment, surgery or prescription caused unexpected harm.
- Medical staff failed to monitor a patient after a procedure or medication change.
- A hospital, doctor or facility gives conflicting explanations about what happened.
- A loved one dies or suffers catastrophic harm after preventable medical care decisions.
What must be proven in a medical malpractice claim?
Successful medical malpractice claims usually depend on proving duty, breach, causation and damages. In plain English, that means the provider was responsible for your care, failed to meet the accepted standard of care, caused injury through that failure, and left you with measurable losses such as medical bills, lost income, future care needs, pain, disability or the loss of a loved one.
01
Duty
The provider was responsible for your care.
02
Breach
They failed to meet the accepted standard of care.
03
Causation
That failure caused your injury.
04
Damages
You were left with measurable losses, such as medical bills, lost income, future care needs, pain, disability or the loss of a loved one.
Virtually any medical professional can commit medical malpractice, including:
DoctorsSurgeonsNursesAnesthesiologistsPhysical therapistsNursing home aidesDentists
Frequently asked questions about medical malpractice in Pittsburgh
Do I have a medical malpractice case?
Maybe. A case depends on what the medical records show, whether a provider failed to meet the standard of care, and whether that failure caused injury or worsened the outcome. A lawyer can help collect records and have the care reviewed by the right medical expert.
How long do I have to file a medical malpractice claim in Pennsylvania?
Deadlines can be short and exceptions may apply, so it is best to speak with an attorney as soon as possible. Pennsylvania injury and wrongful death claims commonly involve a two-year limitations period, and medical malpractice cases may also require a certificate of merit after a complaint is filed.
What compensation is available?
Compensation may include medical expenses, future treatment, lost wages, loss of earning capacity, pain and suffering, disability, loss of enjoyment of life and, in fatal cases, wrongful death and survival damages.
What should I do if I suspect malpractice?
Get appropriate medical care, write down a timeline of what happened, keep bills and discharge papers, avoid guessing publicly about fault, and speak with a medical malpractice attorney before records disappear or deadlines become a problem.
How to prepare for a medical malpractice claim
Most people come to us before they know whether they have a case. You do not need to prove anything on your own, but a few steps make the early review faster and more useful.
- Request your complete medical records from every provider involved, including the hospital, any specialists and your primary care physician. Ask for the full chart, not a summary.
- Write down what happened while it is fresh: dates, the names of the people who treated you, what you were told and when, and what you noticed changing.
- Keep every bill, explanation of benefits, discharge instruction and prescription. Together they document both the treatment and the cost.
- Note any time you missed from work, and any help you have needed at home since.
- Do not sign a release, settlement or arbitration agreement from a hospital or insurer before an attorney has reviewed it.
- Do not post about your treatment or your injuries on social media. Those posts are routinely used by the defense.
Pennsylvania also requires a certificate of merit in a medical malpractice case — a filing that confirms a licensed professional has reviewed the care and believes it fell outside acceptable standards. Obtaining that review takes time, which is one reason it helps to call well before the filing deadline rather than close to it.
What about my medical bills while the case is pending?
A malpractice case does not pause your bills, and the answer to who pays them in the meantime depends on your coverage. In most cases your health insurance continues to pay for treatment while the claim is being investigated, and any insurer that paid for care related to the injury may later assert a lien or right of subrogation against a settlement or verdict. Medicare, Medicaid and ERISA plans each follow different rules about what they can recover and how much can be negotiated.
Part of our work is identifying those liens early and resolving them at the end of the case, so what you actually take home is as clear as possible before you decide whether to accept an offer. We handle medical malpractice and injury cases on a contingency fee, which means there is no fee for our representation unless we recover compensation for you, and the initial consultation costs nothing.
Talk to a Pittsburgh medical malpractice lawyer
Phillips Froetschel, LLC offers free consultations for patients and families who believe medical negligence caused serious harm. Call 412-546-5220 or use the contact page to request a confidential case review.
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