Pittsburgh Medical Malpractice Attorneys

Medical Malpractice & Negligence In Pennsylvania

When a person suffers a serious injury due to negligence or a mistake by a doctor or other trusted medical professional, they often have many questions. What happened and why? Could this injury have been prevented? Who is at fault? How will I pay for medical bills associated with this injury?

At the Pittsburgh law firm of Meyers Evans & Associates, our attorneys are dedicated to helping victims of medical malpractice answer these questions.

Our attorneys recognize that a serious injury can have a catastrophic, long-term financial and emotional impact on the victim and their family. Medical bills and the cost of ongoing care, often for the rest of the patient's life can be devastating. Representing the victim in a medical malpractice claim is not just about money. It is critical that the parties responsible for medical malpractice are held accountable for their negligent actions to prevent the same thing from happening to others.

We know you have many questions. We have compiled a list of commonly asked questions about medical malpractice below. If your questions aren't answered here, or if you believe you have been seriously harmed by medical malpractice, we invite you to contact us for a free consultation.

 

• What is your law firm's experience handling medical malpractice claims?
• How do I know if I should talk to a medical malpractice attorney?
• How much will it cost to speak to an attorney in your law firm?
• How do you determine whether or not I have a medical malpractice claim?
• From the time that I first contact your office, how long will it take for you to get me the help that I need?
• Will I have to appear in court?
• How is a settlement amount determined in Pennsylvania?
• Is there a limit on the time I have in Pennsylvania in which to file a medical malpractice claim?
• In the state of Pennsylvania, who can be held financially responsible and accountable for medical malpractice?
• Do I need to provide medical records?
• Can I be compensated for pain & suffering under Pennsylvania law?
• What if the person that was injured by medical malpractice has died?
• What if the person that was injured by medical malpractice was a homemaker and will not suffer loss of income?
• Can you recommend any other Pennsylvania resources for victims of medical malpractice?
• Can you provide us with example medical malpractice cases you have handled?

 

Q. What is your firm's experience handling medical malpractice claims?

A. Pittsburgh attorneys Jerry Meyers and Charles Evans have been helping victims of medical malpractice for over 35 years. Our attorneys have successfully helped hundreds of victims of medical malpractice, in most cases without need of trial.

Medical malpractice cases that we have handled include birth injuries, delayed diagnosis or misdiagnosis of illness including cervical cancer & other types of cancer, brain injuries due to oxygen deprivation while under medical care, medication & prescription errors during surgery or hospitalization, surgical accidents during routine procedures, and death due to medical malpractice or negligence.

Q. How do I know if I should talk to a medical malpractice attorney?

A. If you or a loved one have been seriously injured during a medical procedure, and that injury was unexpected, or is unexplainable, you should contact a medical malpractice attorney to help you understand your claim, your options, and your rights.

There are risks involved in undergoing medical procedures. It is your doctor's job to make sure you understand these risks, so that you are able to make an informed decision consenting to the procedure. If a problem arises during a medical procedure, a doctor does everything in their power to avoid or minimize injury to the patient. There are cases, however, when doctors and medical professionals make mistakes, or the wrong decision. This can have dire consequences. Examples of these mistakes include:

• Wrong site surgery
• Medication dosage errors
• Anesthesia errors
• Improperly monitored anesthesia resulting in brain damage
• Improper monitoring in intensive care (ICU) resulting in brain injury or death
• Airway accidents
• Undiagnosed complications during and following surgery
• Infections
• Post-operative hemorrhage
• Undetected internal bleeding resulting in shock, brain injury, other organ failure or death
• Misread laboratory results leading to a delay in diagnosis
• Clerical errors on medical reports
• Foreign substances left inside the patient during surgery

There are many types of mistakes and incidents that constitute medical malpractice. If you have questions about the cause of a serious injury, we encourage you to contact our Pittsburgh law firm for a free consultation.

Q. How much will it cost to speak to an attorney in your law firm?

A. Our legal consultations are always free unless we recover money for you. During the course of our investigation into your medical malpractice claim, we advance any costs that we deem necessary in the proper handling of your case. If we do not recover money for you, you do not have to return any of the costs incurred associated with your case. This is called the Contingent Fee. For more information on how the Contingent Fee works, click here.

Q. How do you determine whether or not I have a medical malpractice claim?

A. The process of determining whether you have a valid medical malpractice claim begins with an in-depth interview of the victim (when possible), family members, and any other person who was a witness to the injury. Simultaneously or shortly thereafter, we perform intensive research both in our thousand+ volume medical library and on internet sites mostly subscribed to by physicians and hospitals. What we find during this stage determines whether or not we should pursue further investigation into your potential claim of medical malpractice.

The next stage includes retrieval of medical records, including X-Rays, CT Scans, microscopic slides, medical charts, notes by the doctors, and anything else associated with your claim.

If at this point we have reason to believe standards of care have been violated and there has been medical malpractice, we consult with independent experts to confirm our belief.

Q. From the time that I first contact your office, how long will it take for you to get me the help that I need?

A. The time required both to investigate and if appropriate to litigate (pursue a lawsuit) a medical malpractice claim is extremely variable. It depends on factors such as the difficulty of recruiting experts in particular specialties, the volume of medical records to be analyzed, and the index of suspicion that our early investigation generates.

Q. Will I have to appear in court?

A. Most medical malpractice cases are settled outside of the courtroom. It is uncommon that a trial is required in a medical malpractice case. This is to your advantage because the settlement of a claim permits the victim or their family to have direct input into the solution that is crafted as opposed to awaiting the decision of twelve strangers (the jury.)

Q. How is a settlement amount determined in Pennsylvania?

A. The following factors are considered when determining and agreeing upon a settlement amount.

• Establish the full extent of the injury.
• Determine the future needs of the victim, including expected medical costs and cost associated with living with the injury, such as retrofitting of the home, devices and appliances that may be required, and long-term personal care.
• Determine the maximum recovery obtained in similar cases that may have set a precedent.
• Calculate how much the victim would have reasonably made in wages over the course of their lifetime or in the case of homemakers, their contribution to the needs of their family. For more information on the value of a homemaker, click here.
• Attorney fees will ideally be recovered for such sums as are awarded for pain and suffering. This is much easier to do by settlement than by verdict.

Q. Is there a limit on the time I have in which to file a medical malpractice claim?

A. Yes, there is a statute of limitations on medical malpractice claims. In Pennsylvania, in most cases that statute of limitations is two years from the time of the injury. Learn more about PA statutes of limitations.

Q. In the state of Pennsylvania, who can be held financially responsible and accountable for medical malpractice?

A. Any medical professional that was responsible for some aspect of your care, and was negligent or made errors that led to a serious injury can be held responsible for medical malpractice. This includes but is not limited to:

• Doctors (Primary care physicians & consultants of all types)
• Surgeons of all types
• Nurses
• Physician's Assistants
• Anesthesiologists
• Laboratory technicians
• X-Ray technologists
• Radiologists
• Pathologists
• Hospitalists
• Other hospital staff

In addition, the hospital or facility in which the incident occurred may also be held financially responsible for the medical malpractice committed by their employees and the people they hold out as employees.

Q. Do I need to provide medical records?

A. Our attorneys and medical staff will retrieve any necessary medical records. You are not required to provide us with any records, however any documentation you have pertaining to the injury should be considered important.

Q. Can I be compensated for pain & suffering under Pennsylvania law?

A. In most medical malpractice cases the victim can be compensated for pain and suffering based on the physical pain and emotional anguish they suffer as a result of their injury. Read more about pain and suffering. 

Q. What if the person that was injured by medical malpractice has died?

A. If the patient has died, in addition to medical malpractice claims, you may also have wrongful death and survival action claims.

Q. What if the person that was injured by medical malpractice is a homemaker and will not suffer loss of income?

A. In cases where the victim was a stay-at-home parent or homemaker, the law allows for what is called "Value of a Homemaker" which defines the financial damage based on the value of the services this person provided to the family and household. Read more about Value of a Homemaker.

Q. Can you recommend any other Pennsylvania resources for victims of medical malpractice?

A. Winning a medical malpractice case takes time. We understand that in the meantime, you still have to survive – there are medical bills and regular costs of living that you need to attend to. Whenever possible, we will help you to find the resources you need to accomplish these things. We have helped people receive financial assistance, care for the patient, and find emotional support while their claim is being built, processed, and settled.

Q. Can you provide us with examples of medical malpractice cases you have handled?

A. We can provide you with broad examples of the types of medical malpractice cases we have handled, but due to a Pennsylvania Law called MCARE we cannot legally provide you with specific details including names of victims, doctors, hospitals, and settlement amounts.