Harleysville Medical Malpractice Lawyer

How Our Medical Malpractice Lawyers in Harleysville, PA, Work for You

Why Choose Us

Medical malpractice cases are complicated; they deal with complex issues stemming from Pennsylvania’s laws and the convoluted healthcare industry. Since symptoms change over time and evidence and witnesses disappear, it is important to contact an attorney experienced in medical malpractice as soon as possible.

At Wapner Newman, we know how to hold negligent healthcare providers accountable for the harm they’ve caused our clients. When our Harleysville medical malpractice lawyers accept a case, we will:

• Investigate the circumstances and potential causes of your injury or illness and gather evidence by obtaining medical records, photographs and videos, and eyewitness statements
• Determine who was responsible for the harm you’ve suffered
• Determine how much you are owed by calculating the many damages you’ve experienced
• File all paperwork in accordance with deadlines and court requirements
• Work with expert witnesses to determine where there was malpractice
• Deal aggressively with healthcare providers, insurance companies, and other attorneys to negotiate a favorable settlement
• Build a case based on our research, Pennsylvania law, and similar cases and take it to trial if necessary.

The skilled and experienced Harleysville medical malpractice lawyers at Wapner Newman are committed to giving your case individual attention and getting the best settlement possible. We will be there for you throughout the entire process, keeping you informed and addressing your concerns.

Our Medical Malpractice Lawyers in Harleysville Must Prove Negligence

Negligence Is More Than a Mistake

Medical malpractice is the area of law that covers negligence committed by healthcare providers that results in harm to patients. Not everything that goes wrong medically is malpractice, however.

To show that a healthcare provider was negligent, the plaintiff (the person filing the lawsuit) needs to show what the standard of care was in the case and that the defendant (the party being sued) breached or violated that duty, causing harm. If there was a doctor-patient relationship, if the doctor violated the standard of care, and if the patient suffered injury as a result, medical negligence has taken place that may warrant a lawsuit.

The standard of care is the watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would exercise. The standard of care in medical malpractice depends on the type of healthcare provider at issue. For example, the standard of care is different for a family doctor than for a surgeon.

In medical malpractice cases, the law requires additional proof as a means of protecting healthcare providers from false claims, and this may require the opinion of a medical expert.

In addition, there are times a claim may be brought against someone other than a doctor. In situations where there was negligence in connection with the use of medical devices or pharmaceuticals, parties such as a manufacturer or retail sales representative who recommended the device may be held accountable.

Damage Awards in a Medical Malpractice Lawsuit in Harleysville

In a successful medical malpractice lawsuit, our Harleysville lawyers may win a damage award that covers the following kinds of damages.

Economic damages, for monetary costs and losses, include:

• Past, present, and future medical expenses, such as costs for rehabilitation, therapy, and corrective surgeries
• Lost wages and earnings and reduced or lost potential future earnings
• Funeral costs in the case of a death.

Non-economic damages, for intangible quality-of-life losses that do not have a specific dollar value, include the following:

• Pain and suffering
• Emotional distress and trauma
• Disfigurement
• Disability
• Loss of consortium, companionship, and life’s pleasures.

Punitive damages. In some unusual cases, where a medical professional acted in ways that are deemed intentional or with a reckless disregard for the consequences, you may also be awarded punitive damages. These are meant to punish a defendant that acted in a willful, malicious way and with a wanton disregard for others’ safety and to discourage similar situations from happening again.

In Pennsylvania, there is a cap on punitive damages on medical malpractice awards at two times the amount of actual damages in the case. Economic and non-economic damages are not limited or capped.

Amounts of Settlements

There is no average settlement amount for medical malpractice cases. Instead, there is a wide range of amounts possible, from the thousands to the millions of dollars, depending on the circumstances of the case. More severe injuries, such as brain and spinal cord injuries that result in paralysis and require lifetime care or those that result in death, may bring multimillion-dollar settlements.

The skill and negotiating power of your attorneys is also a factor in determining settlement amounts. Rest assured that our Harleysville medical malpractice attorneys will fight for the maximum compensation possible for your individual situation.

Our Harleysville Medical Malpractice Attorneys Answer FAQs

Medical malpractice is upsetting and complicated, so it’s natural for you to have questions and concerns. The best place to get answers is at your free consultation, but to get you started, here are answers to some questions our Harleysville medical malpractice lawyers are often asked:

Are there time limits for filing a medical malpractice lawsuit?

Yes, according to Pennsylvania 42 Pa.C.S. § 5524(2), the statute of limitations (the deadline to file a legal claim) on most medical malpractice claims is two years. There are exceptions if the victim is a minor or child or the victim is unaware of the malpractice despite a reasonable investigation as to whether the injury was caused by malpractice (but this can be no longer than seven years after the injury). If the patient was a child at the time of the malpractice, the deadline to file a lawsuit is before he or she turns 20 years old.

What is a “certificate of merit”? 

A certificate of merit is a document, signed by your attorney, that must be filed within 60 days of filing a medical malpractice complaint. The attorney’s statement must declare that an expert has provided a written statement that one of the following exists:

• There is a reasonable probability of breached standard of care
• The defendant was responsible for the person who breached the standard of care
• There are circumstances where expert testimony is not needed to pursue the claim.

What if a loved one has died as a result of medical malpractice?

When a family loses a loved one because of medical malpractice, our attorneys can file a wrongful death claim to seek payment for damages. This includes compensation for burial and funeral expenses, lost wages, medical expenses, and pain and suffering, in addition to other consequences of malpractice.

These claims don’t right the wrongs of a negligent healthcare provider, but they help ensure that a family won’t unjustly bear the costs of their loss. They also offer some degree of accountability on the part of the negligent medical professional.

What are common injuries from medical malpractice?

Many types of injuries can occur from medical malpractice. For example, medical malpractice during pregnancy or birth could result in cerebral palsy, Erb’s or brachial palsy, or facial paralysis. Injuries caused by negligence during surgery, including anesthesia errors, can include blindness, partial or complete paralysis, punctured organs, brain injuries, infections, and internal bleeding. Injuries due to improper diagnosis for serious conditions such as cancer include the actual condition progressing to the point that it can’t be treated as well as harm done by unnecessary treatments or procedures. Prescription errors can cause serious health complications for patients, result in longer hospital stays, and sometimes lead to death.

Our Harleysville medical malpractice attorneys are here to answer all your questions. We will be there for you throughout the entire legal process to deal with any of your concerns as they arise.

Get Help from Our Harleysville Medical Malpractice Lawyer

While everyone can make a mistake, medical professionals are expected to abide by a higher standard and to understand how their actions or inaction could lead to serious injuries.

If you or a family member has been injured or someone has died because of a medical mistake, our experienced Harleysville medical malpractice attorneys will do everything possible to look out for your best interests and fight for the compensation you deserve. Pursuing a claim of medical malpractice could help you recover from your losses as well as protect other people from dangerous or careless doctors.

Don’t delay. Call the skilled medical malpractice lawyers at Wapner Newman today at (215) 569-0900 for your free consultation. There are no fees to you unless and until we win your case. We serve clients throughout Pennsylvania and New Jersey.