New Castle Medical Malpractice Attorneys
Medical Malpractice & Negligence in Pennsylvania
Every year, millions of Americans are injured or killed due to medical errors, negligence, and malpractice. In fact, numerous studies have found that medical malpractice is one of the leading causes of death in the United States, along with heart disease and cancer. Even something as seemingly “minor” as a missed diagnosis can have devastating, or deadly, consequences.
If you or someone you love has been harmed due to a trusted caregiver’s mistake, reach out to Luxenberg Garbett Kelly & George right away. Our New Castle medical malpractice attorneys have a reputation for taking cases to trial—and winning. Medical providers and their insurance companies know this, and they are often far more likely to offer a fair settlement to our clients, rather than go to court. However, you should know that most medical malpractice cases do go to trial. In any case, you can count on our team to be there for you every step of the way, providing the answers you need and the tireless advocacy you deserve.
What is Medical Malpractice?
Medical malpractice refers to preventable errors, negligence, and wrongful acts within the medical field that lead to patient injuries or deaths. Doctors, nurses, hospitals, and other healthcare providers are required to uphold what is known as the “standard of accepted care,” or simply, the “standard of care.” This refers to what another qualified healthcare provider would have or would not have done in the same or similar circumstances. When providers deviate from the standard of care, and patients are harmed as a result, patients may have grounds for a medical malpractice case.
Examples of medical malpractice include:
- Anesthesia errors
- Birth injuries
- Delayed diagnosis
- Delayed treatment
- Emergency room negligence
- Failure to diagnose
- Failure to obtain informed consent
- Failure to treat
- Hospital negligence
- Medication mistakes
- Poor follow-up or aftercare
- Surgical errors
If you or someone you love has been harmed by any type of medical negligence or a preventable medical error, reach out to our team right away. Medical malpractice cases are notoriously complex, but our attorneys know how to develop innovative, evidence-based claims for our clients. We have recovered more than $200 million in compensation and are prepared to tirelessly seek the full, fair recovery you and your family are owed.
Proving Medical Negligence
According to an Institute of Medicine study conducted by Harvard Medical School researchers, as many as 98,000 people die each year from medical malpractice in U.S. hospitals. That’s more than the number killed by car accidents, breast cancer, and AIDS combined. And that doesn’t count the thousands upon thousands of people who are permanently disabled, suffer painful surgeries to correct the damage, or die prematurely as a result of preventable medical errors.
Doctors and medical staff are held to justifiably high standards—and the vast majority of them meet these standards. However, a handful of negligent medical professionals are responsible for most preventable errors, injuries, and deaths. According to the federal National Practitioner Data Bank, just 5 percent of physicians are responsible for 56 percent of malpractice, and many are repeat offenders who continue to disregard the established protocols of care.
When it comes to proving medical negligence, it is important that you work with a skilled attorney. It isn’t enough to show that you were injured or that your condition worsened after you sought medical care; you must prove that the doctor or medical provider who treated you failed to uphold the standard of accepted care and that this is what led to your injuries.
At Luxenberg Garbett Kelly & George, we utilize a meticulous and collaborative approach to these types of cases. Our New Castle medical malpractice attorneys personally meet with each individual client to discuss what happened. Next, we obtain medical records and research the appropriate treatment. The case is then sent to a forensic nurse to identify possible areas of negligence.
In Pennsylvania, a physician practicing in the same field must sign a Certificate of Merit before a lawsuit can be filed. Once the case is certified, we prepare as if it will go to trial—most malpractice cases do. We hire medical experts to explain how the standard of care was violated and use state-of-the-art presentations to illustrate the injuries for the jury. We use lifecare planners, economists, vocational specialists, and day-in-the-life videos to illustrate the extent of injury, the lifelong impact on our client and family, and the value of lost future earnings.
Our National Board of Trial Advocacy Board-Certified Civil Trial Specialists, Charles Garbett and Lawrence Kelly, have handled countless medical malpractice cases. They are committed to expending the necessary energy and investing in experts to give our clients the best chance of success.
What Is the Statute of Limitations on Medical Malpractice Cases in Pennsylvania?
In Pennsylvania, there are two important deadlines related to medical malpractice lawsuits:
- The Statute of Limitations: In Pennsylvania, you have two years to file your medical malpractice lawsuit (with some exceptions). The two-year deadline typically begins on the date of alleged malpractice or the date on which the medical malpractice-related injury was discovered or reasonably could have been discovered.
- The Statute of Repose: Additionally, you may not file a medical malpractice lawsuit in Pennsylvania if more than seven years have passed since the date of alleged medical malpractice that led to injury, regardless of when you discovered the injury or learned that your injury was caused by medical negligence, error, or misconduct.
While there are some exceptions—for example, cases involving foreign objects left in the body are exempt from the seven-year statute of repose—it is imperative that you take immediate action upon learning that you have been the victim of medical malpractice. In most cases, if you fail to file a lawsuit within the appropriate timeframe, you will lose your right to sue the liable party for damages.
Is There a Cap on Medical Malpractice Damages in Pennsylvania?
As of 2022, there is no cap on medical malpractice damages in Pennsylvania. This means that the amount you can recover in either economic or non-economic damages is not limited (or “capped”) by any existing state law. If you have been affected by medical malpractice or negligence, you are entitled to sue the liable party and seek the full value of your resulting damages.
We strongly urge you to reach out to the experienced New Castle medical malpractice attorneys at our firm. Since 1933, LGKG has been an advocate for the injured and the families of those wrongfully killed. We are prepared to do everything possible to maximize your recovery so that you can heal and move forward with your life.
Request a Free Consultation with Our Medical Malpractice Attorneys
The team at Luxenberg Garbett Kelly & George takes great pride in serving communities throughout Western Pennsylvania. When we say that we care about our clients, we really mean it—and we back it up with our actions and our commitment to obtaining the justice they deserve. We will take the time to truly get to know you and develop a genuine, meaningful relationship with you and your family. We know that this is an incredibly difficult time in your life, and we want to help.
We've been designated Pennsylvania Super Lawyers for over 15 years, and we have Martindale-Hubbell’s highest rating for legal ability and ethics as determined by peers in the legal community.
We have been a staple in this community for over 80 years representing our friends and neighbors.
We have recovered over $200 million in verdicts and settlements for our clients.
At LGKG, we do what we say we are going to do. Earning your trust is paramount to us, and we've been keeping our promises for over 80 years.
Our team has over 100 years of combined legal experience.
At LGKG, it's not about us, it's about you.