Personal Injury Lawyers Pittsburgh - SMA Law Group
Stewart, Murray and Associates Law Group (SMA Law Group) are experienced, aggressive and compassionate Personal Injury Attorneys and Criminal Lawyers serving Western Pennsylvania and the surrounding region. We represent clients injured in accidents as well as clients facing criminal charges and DUI charges in Pennsylvania.
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Medical Malpractice Attorneys

Filing a Medical Malpractice Claim in Pennsylvania

When people seek out professional medical care they seldom suspect that their medical problems will get worse, be misdiagnosed, or that they will end up more ill than they were before entering the medical system.

At the medical malpractice law offices of SMA Law Group we see many people and children who have unfortunately been victims of negligent medical care and are seeking answers to many questions. Our Personal Injury Lawyers in Pittsburgh, PA are compassionate, yet aggressive and experienced in winning medical malpractice claims for our clients.

Some questions you may be asking if you suffered from medical malpractice injuries:
  • Why did my condition grow worse after this procedure?
  • Did our doctor make a mistake during surgery causing further complications?
  • Why was I misdiagnosed and how do I know who was responsible for the misdiagnosis?
  • Why wasn’t the cancer diagnosed sooner?
  • How do I prove the medical staff was negligent in their duties? Who do I report this to?
  • What is the difference between an honest mistake and pure negligence?

Our compassionate and aggressive personal injury attorneys can help you answer some of these questions and help you determine whether you have a medical malpractice case. All consultations are free and we work on a contingency fee basis, which means we do not collect any fees unless we make a recovery for you.

There is no cost to speak with our experienced medical malpractice attorneys who are committed to helping victims and their families find answers and cope in their struggles. Contact us today.

The trust that patients put into medical professionals to care for their wellbeing and their loved ones’ wellbeing should never be compromised. But when it is there are legal actions that can be taken to ensure that those who are not doing their jobs properly are held accountable.

Our medical malpractice attorneys are here to answer your questions and provide advice about which options may be available in order for you to try to make a recovery for your pain and suffering or other damages.

MEDICAL MALPRACTICE ATTORNEYS PITTSBURGH
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call : 412-765-3345

What Is Medical Malpractice?

Medical malpractice occurs when a medical professional (doctor or other medical staff) has been negligent or provided below standard health care or treatment resulting in a worsening condition, injury or death to the patient by either making a medical error or failing to act at all.

Medical malpractice can range from a medical professional failing to properly diagnose or not administering a full examination to a surgeon making a mistake during a medical procedure that resulted in further complications or injury. A person being diagnosed with cancer after multiple doctor visits may be an example of medical malpractice.

If you suspect medical negligence occurred, then you have a right to get answers to your questions and know for certain what went wrong and hold the responsible party accountable. If you or your family member was injured or died due to someone else’s mistake, you have a right to take legal action in order to be fully compensated for your injuries, lost wages and pain and suffering.

People should not have to suffer or pay for the mistakes of health care professionals. Our attorneys understand this and will help you find answers to your questions. We are compassionate but also aggressive in that we will do whatever it takes to investigate your case and get you the maximum compensation for your injuries.

At SMA Law Group, we will evaluate your claim thoroughly and retain the medical experts needed to evaluate and validate your case. We will meticulously go over your medical records and consult with the medical experts to determine if your injury was preventable and whether it derived from a medical mistake or substandard health care.

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Types of Medical Malpractice Cases

Our medical malpractice lawyers are available to help answer your questions in all types of medical malpractice cases. Some of these cases include:

Statute Of Limitations For Filing Medical Malpractice Claims In Pennsylvania

Too often people wait too long (and suffer too long) before taking action and filing a claim against the negligent party. Many times symptoms take awhile to develop and people may trust what their doctor says about the new unusual symptoms or injury for a long time before they start to suspect the injury was caused by medical mistreatment or mishap during surgery.

The statute of limitations in Pennsylvania for filing a medical malpractice claim (in most cases) is only two years. However, because it can take time for symptoms to appear, under certain circumstances the two-year time limit may be increased.

If the injury and the cause of the injury were not discovered immediately, the Discovery Rule may be applied. This is a rule that says you can file a claim up to two years after you discover the injury and the cause of the injury. So you may have had symptoms three years ago, but if you only learned of what caused those symptoms in the last two years, you are still eligible to file a malpractice claim.

Another example of extending the statute of limitations is if the patient was under the age of 18, under the Minors Tolling Statute.

If you are unsure of whether or not you are eligible of filing a claim and if you suspect medical malpractice has occurred, please call and speak to us about your case. Our attorney consultations are absolutely free and we do not charge any money unless we win your case.

SMA Law Group: The Difference Makers

At SMA Law Group, we are aggressive and compassionate attorneys who will give your case the personal attention it deserves. Our primary goal is to get the maximum compensation you deserve. We handle all medical malpractice cases on a contingency basis, which means we do not get paid unless we win your case.

U.S. doctors are paid from $156,000 to $315,000 per year for a reason. Medical professionals have the most important job in the world, as millions of patients across the U.S. are entrusting their health and safety to doctors each year.

Still, hundreds of thousands of people get injured and die due to medical errors each year. Luckily, Pennsylvania medical malpractice law imposes a heightened duty of care on doctors, nurses, hospitals, and all other medical professionals and healthcare providers.

According to the True Cost of Healthcare, there are approximately 8,500 paid medical malpractice claims per year. The same report revealed that the victim was awarded $500,000 in only about 2,500 of these claims, and the vast majority of these half-million-dollar-plus settlements were possible because the plaintiff was represented by a medical malpractice lawyer.

Fact: Pennsylvania is the third in the state rank of the average annual per-capita medical malpractice costs for all medical professionals in the U.S., accounting for nearly $27.

Who Can Be Sued for Medical Malpractice in the U.S.?

We asked our Pittsburgh medical malpractice lawyer from SMA Law Group to explain liability for medical malpractice in our country. Depending on the circumstances of your case, multiple parties – such as a nurse, physician assistant, and the hospital – can be named as liable parties in a medical malpractice claim.

Under medical malpractice law, any medical specialist or entity whose negligence or wrongful conduct caused or contributed to a patient’s injury can be held accountable. The list of medical professionals and healthcare providers who can be sued in a medical malpractice lawsuit includes but is not limited to:

  • Doctors
  • Physicians
  • Surgeons
  • Nurses
  • Physician assistants
  • Gynecologists
  • Cardiologists
  • Neurologists
  • Pharmacists
  • Hospital staff
  • Anesthesiologists
  • Manufacturers, retailers, distributors, and sellers of medical equipment and tools
  • Medical transport teams
  • ER personnel

What’s the Statute of Limitations for Medical Malpractice Claims in Pennsylvania?

In Pennsylvania, an injured patient has two years to file a medical malpractice claim, while this two-year countdown begins on the date the patient discovered or reasonably should have discovered the injury. There are two exceptions to the statute of limitations for medical malpractice claims in Pennsylvania:

  1. The “fraudulent concealment” exception, which may apply if the negligent, reckless, or careless healthcare provider fraudulently concealed the fact of injury; and
  2. The “victim is a minor” exception, which may apply if the victim was a minor when the act of medical malpractice occurred. In that case, the two-year countdown begins on the date the victim turned 18.

It’s best to consult with an experienced medical malpractice attorney in Pittsburgh or elsewhere in Pennsylvania to figure out whether or not you are eligible to file a medical malpractice claim. Your lawyer might be able to help you pursue compensation even if the statute of limitations expired.

What Types of Medical Malpractice Damages Are Recoverable?

An injury or disability caused by a medical mistake can affect every aspect of your life, including your enjoyment of daily activities, personal life, and your ability to earn a living. Therefore, seeking full and maximum compensation for your medical malpractice injury is very important.

When consulting with a Pittsburgh medical malpractice lawyer from SMA Law Group, you will get a full and thorough evaluation of your case. Our attorney will determine all types of damages that may be available in your case as well as the total value of the recoverable damages. Generally, there can be two types of damages in a medical malpractice case, economic and non-economic:

  • Economic damages, which compensate the victim for verifiable financial losses such as medical expenses, loss of income, diminished earning capacity, the cost of nursing care, rehabilitation, and other quantifiable cost related to an identifiable source or asset.
  • Non-economic damages, which relate to unquantifiable costs from an identifiable source. For example, pain and suffering, emotional distress, disfigurement, loss of companionship, mental anguish, and other non-tangible damages are considered non-economic damages.

Unlike other states, Pennsylvania does not limit either economic or non-economic damages in medical malpractice cases. However, there are very specific limits on awards relating to “punitive damages,” which are the third category of damages imposed to punish a negligent, reckless, or careless doctor for particularly outrageous or dangerous behavior, according to AllLaw.

Under Pennsylvania law, a victim of medical malpractice who received an award must be paid in installments if the “future damages” in his or her case total more than $100,000. Speak to our Pittsburgh medical malpractice attorney from SMA Law Group to determine the value of your case and the types of economic and non-economic damages available in your circumstances. Call at 412-765-3345 for a free case evaluation.

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Call 412-765-3345 for a free case evaluation. Our attorneys are available by phone, email or in-person.

SMA Law Group attorneys believe in aggressively representing our clients while maintaining the personal compassion needed when counseling clients through difficult situations and navigating a complex legal system. Contact us today.

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