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What You Ought to Know About Medical Malpractice Claim?

Author: Michael R. Perna
by Michael R. Perna
Posted: Aug 16, 2020

According to a study published by Johns Hopkins University, about 250,000 medical errors result in deaths every year. The reports published by the National Practitioner database reveal that only 3,046 wrongful death insurance claims were made in a single year. Compared to the number of deaths due to medical negligence, the number of claims made is very low. Deaths caused by medical negligence are claimable, and the best malpractice attorney will help you understand what happened, guide you to get the help you need, and more.

Medical Negligence & Medical Malpractice

Medical negligence occurs when a medical professional performs their job to break their duty of care by deviating from the accepted medical standard of care. It qualifies as medical malpractice when the negligence of the healthcare professional results in injury to the patient.

Medical Malpractice Claim

One could apply for a medical malpractice claim only if the hospital breached its duty to you. The claim is valid only if the injury is caused by the hospital’s mistakes, and you are entitled to submit the proof of how the hospital deviated from its accepted standard of care. A medical malpractice law firm relies on the following to explain the nature and extent of your injuries.

  • Doctors’ notes
  • Photographs
  • Medical reports
  • Witness statements
  • Diagnostics tests and more

Damages for Medical Malpractice

Economic Damages: It includes lost earning potential, lost wages, and economic damages that affect the steady income of your family.

Non-Economic Damages: You can file a claim for non-economic damages, including the pain and suffering you go through. The hospital must be held accountable for this error.

Punitive Damages: The punitive damages are imposed to punish the hospital and prevent negligence in the future.

Guidelines to Follow

  • Hospitals attempt to show that you are responsible for the damages and injuries involved to avoid liability. So, don’t talk to the hospital’s attorney as they will try to settle you or make you believe that you caused your injuries or damages.
  • Avoid talking to the insurance agents because they often record your phone call and use anything that you say to show you are responsible for the injuries.
  • Don’t talk to anyone at the hospital to complain about your medical bills. They may record these phone calls and use them against you as you attempt to settle the case.

Limitations for Medical Malpractice Law

The statute of limitations for medical malpractice claims under Pennsylvania’s medical malpractice law is two years. The two-year period doesn’t begin until the point at which the patient first discovers, or reasonably should have discovered, the injury.

The author of this article is one of the leading medical malpractice lawyers and has over a decade of experience in practicing law. In this article, he explains how to handle hospital negligence and file a medical malpractice claim. Visit https://www.pa4law.com/ for more.

About the Author

The author of this article is one of the leading medical malpractice lawyers with over a decade of experience in practicing birth injury and related law.

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Author: Michael R. Perna

Michael R. Perna

Member since: Apr 14, 2020
Published articles: 5

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