GET THE JUSTICE YOU DESERVE:
GET THE JUSTICE YOU DESERVE:
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

Blog Post

LAW BLOG

What Options Do You Have When You Suspect Medical Malpractice?

  • By Alvin de Levie
  • 27 Oct, 2017
medical-malpractice-options

What Can You Do in Case You Suspect Medical Malpractice?

A 53-year-old man went in for an arthroscopic knee surgery. This was supposed to be a regular surgery for a torn meniscus that would have taken an hour. Post surgery Arthur felt fine, but that did not last long. He had to return to the emergency room for a couple of days for another surgery because of the blinding pain and fever he was suffering from.


He later found out he had a bacterial infection that was caused because of the non-sterilized surgical equipment the surgeon had used. Eventually, he had to undergo a knee replacement surgery, and he can't walk more than a few blocks now. This is a typical case of medical malpractice.


If you are thinking this is a one-off case, think again. Researchers have accumulated data that shows medical errors are the 3rd highest cause of death in the United States and the number stands over 250,000 a year.


This doesn’t mean that every doctor or medical institution is negligent. But as a patient, you should be aware of your rights. You should also do your homework before visiting a doctor, ask questions and be prepared to take a second opinion when something doesn’t seem right.


How Do You Define Medical Malpractice?

There are four conditions that need to be met in order for the case to qualify as medical malpractice. The conditions are listed as follows:

  • A professional duty was owed to a patient: Meaning the doctor is supposed to act ethically and treat the patient responsibly.

  • There was a breach of such a duty: The doctor or medical provider didn’t act in accordance with the minimum acceptable standards.

  • The injury was caused by the breach: This is self-explanatory.

  • There were damages caused as a result.


Terms that you should be aware of when you’re filing a medical malpractice lawsuit in Pennsylvania:


  •  The Statute of Limitations: The time frame within which you can file your medical malpractice lawsuit in Pennsylvania is two years. The period starts from when the patient discovered or can reasonably prove that the injury was discovered.
  • Damages: The compensation you are seeking from the medical provider. Compensatory damages are the actual costs for medication, treatment, lost wages, etc. Non-economic damages are compensation for intangibles like pain and suffering.


In the state of Pennsylvania, there aren’t any limitations or cap put on the amount for these two types of damages.

  • Punitive Damages: These damages are meant to punish the doctor or medical practitioner who was at fault. The kind of punishment awarded will depend on whether the breach was intentional or not.


What Are Your Chances of Damages Being Awarded or Winning the Lawsuit?

A bad outcome at the doctors doesn’t always mean there was medical malpractice involved. And in rare cases, your medical service provider will point out an issue in the previous diagnosis or apologize for their mistakes.


In an interesting contrast to the “ganging up on doctors” theory; medical malpractice cases filed today are on the decline. There are a few reasons, in addition to a high rate of failure, they are expensive, time-consuming and stressful. Only about 20% of the cases filed the plaintiffs are awarded some sort of payments.


Insurance companies that cover the medical service providers or practitioners want to settle out of court as soon as possible before the full extent of damages is discovered. This helps keep their payouts low.


Apart from knowing your rights, putting a case together and gathering evidence while you or your loved ones are going through this ordeal isn’t easy. This makes it all the more important to consult with a board certified medical malpractice lawyer to know the best way forward.


At Alvin F. de Levie & Associates, we regularly handle medical malpractice cases and serve our clients throughout Pennsylvania. If you or someone you know have suffered from a malpractice injury, contact a dedicated member of our legal team at (844) 777-2529 for a free initial consultation.



Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards. 


Share by: