Pottstown Medical Malpractice Lawyer

Medical errors can have serious consequences. If you’ve suffered due to a healthcare professional’s negligence, Kingbird Legal is here to help. Our Pottstown medical malpractice lawyer will fight to get you the compensation you deserve for your pain and medical expenses. Call 484-289-4880 today for a free consultation, and let us help you navigate your legal options.

What Types of Compensation Can You Receive in a Medical Malpractice Lawsuit in Pennsylvania?

When you go to a doctor, hospital, or any other medical professional, you expect to receive the standard of care necessary for your health and well-being. Unfortunately, mistakes can happen. If you or a loved one has been harmed due to medical negligence, you may have grounds to file a medical malpractice lawsuit. In Pennsylvania, those who suffer injuries due to medical errors can seek compensation for their losses, but it’s important to understand the different types of damages available in these cases.

This post will outline the types of compensation you may be entitled to if you are involved in a medical malpractice lawsuit in Pennsylvania. While each case is unique, knowing your options can help guide you through the legal process and give you a better understanding of what to expect.

Understanding Medical Malpractice

Before we dive into the compensation aspect, it’s important to clarify what constitutes medical malpractice. In Pennsylvania, medical malpractice occurs when a healthcare professional fails to provide the standard of care expected, resulting in injury or harm to the patient. This can include misdiagnosis, surgical errors, medication mistakes, delayed treatment, or failure to obtain informed consent.

In order to bring a successful medical malpractice claim, you must prove that the healthcare provider acted negligently or deviated from the established standard of care. If the medical professional’s actions directly caused your injury, you may be entitled to compensation.

Types of Compensation in Medical Malpractice Cases

There are several categories of compensation that can be sought in a medical malpractice case. These damages fall into two broad categories: economic damages and non-economic damages. In some cases, punitive damages may also apply.

Economic Damages

Economic damages are intended to compensate you for the measurable financial losses you have suffered due to the medical malpractice. These damages can be calculated using invoices, receipts, and other documentation that show the cost of your medical treatment, lost wages, and other financial impacts of the injury.

Medical Expenses

One of the primary forms of compensation in a medical malpractice case is reimbursement for medical expenses. These expenses include:

Past medical bills: The cost of hospital stays, surgeries, doctor’s visits, medications, diagnostic tests, and other treatments that resulted from the injury caused by medical malpractice.
Future medical expenses: If the injury caused by medical malpractice requires ongoing treatment or rehabilitation, you may be entitled to compensation for future medical costs. This can include long-term care, physical therapy, medications, and medical devices like prosthetics or wheelchairs.

In many medical malpractice cases, expert testimony is used to help calculate the cost of future medical care. This ensures that compensation is based on a realistic estimate of the ongoing expenses associated with the injury.

Lost Wages

If the injury caused by medical malpractice prevents you from working, you can seek compensation for lost wages. This includes any income you were unable to earn while recovering from the injury. If your condition affects your ability to return to work, you may also be entitled to compensation for future lost earnings.

For example, if a botched surgery leaves you unable to work for several months, the lost income during your recovery period may be recoverable. Additionally, if the injury results in permanent disability or a reduced earning capacity, you may be able to claim compensation for long-term loss of income.

Loss of Benefits

Along with lost wages, you may also be entitled to compensation for the loss of work-related benefits, such as retirement contributions, health insurance, and bonuses. These are typically considered part of your overall compensation package and can be factored into the damages you are seeking in your medical malpractice case.

Non-Economic Damages

Non-economic damages are intended to compensate you for the pain and suffering caused by the injury, as well as other intangible losses that are not easily quantified. While these damages are more subjective, they can be just as significant as economic damages in a medical malpractice case.

Pain and Suffering

Pain and suffering compensation is designed to address the physical and emotional toll that a medical error has taken on your life. This can include:

Physical pain: The discomfort and pain you experience as a result of the injury.
Emotional distress: The psychological effects of the injury, such as anxiety, depression, or PTSD.
Loss of enjoyment of life: If your injury prevents you from participating in activities you once enjoyed, such as sports, hobbies, or spending time with loved ones, you may be entitled to compensation for this loss.

There are no set formulas for calculating pain and suffering, but in Pennsylvania, juries are often tasked with determining a fair amount based on the severity of the injury and the impact it has had on your life.

Emotional Distress

In addition to the physical pain, medical malpractice can lead to significant emotional distress. Victims of medical malpractice may experience anxiety, depression, or fear as a result of their injuries. This emotional toll is a critical part of a malpractice case and can be considered for compensation.

In cases of severe medical malpractice where a patient is left with permanent disabilities or disfigurement, the emotional distress may be substantial. In these situations, compensation for emotional suffering may be higher to reflect the profound impact the injury has had on the individual’s mental health and well-being.

Loss of Consortium

Loss of consortium refers to the impact the injury has on a relationship between the patient and their spouse. If the injury limits the ability to enjoy a normal marital relationship due to physical or emotional changes, the spouse may be entitled to compensation for the loss of companionship, affection, and intimacy.

In some cases, if the injury leads to a significant loss of life quality or the death of the victim, the surviving spouse may seek damages for loss of consortium.

Punitive Damages

Punitive damages are intended to punish the defendant for particularly egregious or reckless conduct. While rare in medical malpractice cases, punitive damages can be awarded if the medical professional’s actions were grossly negligent or demonstrated malicious intent. For example, if a doctor intentionally misleads a patient or provides treatment that is knowingly harmful, punitive damages may be considered.

The goal of punitive damages is not to compensate the victim but to deter the defendant and others in the medical field from engaging in similar behavior in the future.

Wrongful Death Damages

In the tragic event that a medical malpractice case results in the death of the victim, the family members of the deceased may be entitled to compensation. This can include both economic and non-economic damages, such as:

Funeral expenses: The cost of burying a loved one who passed due to medical negligence.
Loss of financial support: If the deceased was a primary breadwinner, the surviving family members can seek compensation for lost wages and future earning potential.
Loss of companionship: Family members, particularly spouses and children, may be entitled to damages for the emotional loss caused by the death of a loved one.

How to Pursue Compensation

If you or a loved one has been injured due to medical malpractice, it is crucial to consult with an experienced personal injury attorney who specializes in malpractice claims. These cases can be complex and require in-depth knowledge of medical procedures and the law. An attorney can help you gather evidence, consult medical experts, and negotiate with insurance companies or other parties involved to ensure you receive fair compensation for your injuries.

In Pennsylvania, medical malpractice claims are subject to strict time limits known as statutes of limitations. Generally, you must file a claim within two years of the date the injury occurred, so it’s essential to act quickly if you believe you have a case.

Pottstown Medical Malpractice Attorney – Pursuing Justice for Negligent Care

Medical malpractice can have life-changing consequences, but victims in Pennsylvania have the right to seek compensation for their injuries. Depending on the specifics of your case, you may be entitled to recover medical expenses, lost wages, pain and suffering, and more. Understanding the types of compensation available can help you navigate the legal process and ensure that you receive the full and fair compensation you deserve. Consulting with an experienced attorney will help you understand your rights and options as you pursue justice for the harm caused by medical negligence. Kingbird Legal is here to fight for your rights. Our Pottstown medical malpractice attorney will work to secure the compensation you deserve for your injuries and future medical needs. Call 484-289-4880 today for a free consultation, and let us help you hold medical professionals accountable.