What Constitutes Medical Malpractice

Medical Malpractice Lawyers in Pittsburgh, Pennsylvania

What Constitutes Medical Malpractice?

Our Pittsburgh medical malpractice lawyers at Dattilo Law Offices, P.C. have long-standing experience representing clients throughout Pennsylvania in malpractice claims. The first step in any potential malpractice case is determining whether grounds exist to pursue a lawsuit. Therefore, the question arises, what constitutes medical malpractice?

The medical field maintains acceptable standards of care that practitioners are obligated to follow. This is true for any medical practitioner, which includes the following:

  • General physician
  • Surgeon
  • Oncologist
  • Dentist
  • Chiropractor
  • Optometrist
  • Anesthesiologist
  • Radiologist

Such professionals have a legal responsibility to adhere to standard practices that other professionals would use when acting under similar circumstances or conditions. As in any profession, medical practice is subject to error. However, the gauge for medical malpractice is whether departures from a standard of care existed and whether these errors caused patient injury.

To prove that substandard medical care existed, medical malpractice lawyers in Pittsburgh, PA use expert witnesses who are trained medical professionals to testify in court. Attorneys must also substantiate the extent of injury that resulted from medical negligence and request compensation for damages.

Representation is Crucial for Medical Malpractice Cases

No matter how obvious the malpractice is, these cases require legal assistance. The medical field is extremely technical and proving deviation from standard care requires skilled testimony, which makes medical malpractice cases quite challenging, even for experienced attorneys. In fact, not all personal injury law firms handle these cases because of the skills and expenses involved.

A plaintiff must prove direct correlation between deviation in standard medical practice and the injury. Obtaining qualified medical experts is often expensive based on the case review and testimony required. In addition, many insurance companies vigorously defend against malpractice cases because considerable compensation amounts are usually at stake.

Pennsylvania laws governing liability for medical malpractice are complex. For example, certain percentages of compensation awarded in malpractice cases must follow a program of state-sponsored excess insurance and go to a fund established by the Pennsylvania Medical Care Availability and Reduction of Error Act (MCARE)instead of to the plaintiff.

There are many legal elements to a medical malpractice case. Contact us today to find out what your case entails and how our medical malpractice lawyers can help.

If you are curious on how a medical malpractice case differs from other injury cases, read about the differences on our resource page.

Rely on an Experienced Pittsburgh Medical Malpractice Lawyer

Discuss your medical injury in a free consultation. If we pursue a claim, you owe no fees unless we are successful through verdict or settlement. Contact Dattilo Law Offices, P.C. online or call our office at (412) 391-6300 today.