The Knowledge and Experience to Give You Answers
The complex laws that surround medical malpractice claims means that you probably have a lot of questions about your own case. At Phillips Froetschel, LLC, our team of experienced medical malpractice attorneys can answer them.
We have handled hundreds of successful medical negligence claims across Pennsylvania. You can find a few answers to your question on the following page.
Do I have a medical malpractice case?
The short answer is, that depends. In order to prove medical negligence in Pennsylvania, an attorney must collect all of the relevant medical records and submit them to an expert witness for review. That expert witness must be the same type of physician or practitioner that you intend to sue. The expert witness will then provide an opinion as to (a) whether the care involved in your case deviated from the standard of care and (b) whether the negligence was the proximate cause of injuries and damages. The best way to determine whether you have a case is to contact us so that we can start the process of collecting and reviewing your medical records. There is no upfront cost to you.
Is there a statute of limitations for medical malpractice lawsuits?
Generally, the statute of limitations for lawsuits is two years from the incident that caused the injury. If you fail to initiate a lawsuit before this deadline, you could lose the right to seek compensation. However, there are two key exceptions. If the malpractice was not apparent at the time, the two-year statute of limitations starts from when the error was discovered (the discovery rule). For minors, the statute of limitations clock does not start until their 18th birthday, even if the malpractice occurred in childhood.
What is medical malpractice insurance?
Medical malpractice insurance protects health care practitioners from potential claims by patients. If you receive a settlement or award against a doctor or hospital, it will most likely be paid by their malpractice insurer. In addition to this insurance, the Commonwealth of Pennsylvania provides additional insurance to cover physicians and medical providers. Known as the Medical Care Availability and Reduction of Error Fund (or “Mcare”). This additional insurance provides reduced premiums for medical providers, and more protection for injured individuals.
How long will my medical malpractice lawsuit take?
Every claim is different. Your case could be resolved in a few months or it could take several years, depending the nature of the injury, the treatment involved, the conduct or negligence of the medical provider, and other factors.
Will I win at trial?
While medical malpractice cases are more likely to go to trial than other types of injury claims, the vast majority of viable claims are still settled out of court. Our firm has a solid courtroom record, and we are prepared to fight through trial and appeal, but we cannot promise a win in any given case. Litigation is always a risk, but we work hard to tilt the odds in your favor.
Will my doctor have to pay out of pocket if I win?
People generally like their doctors and are uncomfortable suing them. In nearly all cases, malpractice settlements or awards are paid by the doctor’s malpractice insurance policy and the Mcare fund.
Can I make sure this doesn’t happen to someone else?
We get this question a lot. You cannot demand as a legal remedy that the doctor be fired or that their other patients be warned. While a medical malpractice lawsuit will not necessarily prevent another family from experiencing a tragedy like yours, doctors and hospital administrators may change their medical procedures and safety protocols when medical negligence is brought to light and held accountable. Getting justice for yourself and your family is the best way to raise visibility to the problem, within the medical system and within your community.
Ask More Questions and Get Answers for Free
These are only a few inquiries that our medical malpractice attorneys often hear. To ask us even more questions, please schedule a completely free initial consultation. We work on a contingency fee basis. Call our office at 412-643-0682 or send us an email today.