By Pennsylvania Personal Injury Attorney Daniel C. Linn
You went to the doctor to feel better, not worse. So when a medical error leaves you with new injuries, a worsened condition, or the unthinkable loss of a loved one, it’s completely natural to feel confused, angry, and overwhelmed. Medical malpractice cases can be complicated, and most people have never had to think about them before. That’s okay. We’re here to walk you through the basics.
What Exactly Is Medical Malpractice?
Medical malpractice happens when a healthcare provider — a doctor, nurse, surgeon, anesthesiologist, or hospital — makes a mistake that no reasonably careful medical professional should have made, and that mistake causes harm to a patient.
Here’s an important distinction: doctors aren’t required to be perfect. Medicine is complicated, and sometimes patients don’t get better even when a doctor does everything right. Malpractice isn’t about a bad outcome, it’s about a preventable mistake. When a medical professional’s care falls below what’s acceptable and you’re hurt because of it, that’s when a malpractice claim may come into play.
What Are the Most Common Types of Medical Malpractice in Pennsylvania?
Medical errors can happen in many different settings and ways. Some of the most common types of claims we see in the Philadelphia area include:
Misdiagnosis or Delayed Diagnosis. When a doctor fails to correctly identify a condition, or takes too long to do so, a patient’s health can suffer serious consequences. A missed cancer diagnosis, for example, can cost a patient critical treatment time.
Surgical Errors. Mistakes in the operating room range from operating on the wrong body part to leaving a surgical instrument inside a patient. These errors can have lasting consequences.
Medication Mistakes. Prescribing the wrong drug, the wrong dosage, or failing to catch a dangerous interaction between medications are all more common than they should be.
Birth Injuries. Negligence during pregnancy, labor, or delivery can cause life-changing harm to a mother or baby. Conditions like cerebral palsy are sometimes the result of preventable mistakes made during childbirth.
Anesthesia Errors. Giving too much or too little anesthesia, or failing to monitor a patient properly during a procedure, can cause serious injury or death.
Failure to Obtain Informed Consent. Doctors are required to explain the risks of a procedure and get your agreement before proceeding. If you were never warned about a risk and you’re harmed by it, that can be a form of malpractice.
If something happened to you that doesn’t fit one of these categories, it’s still worth a conversation. Malpractice takes many forms, and the only way to know for sure is to talk to someone who can evaluate your situation.
How Do I Know If What Happened to Me Was Malpractice?
Honestly? It can be hard to tell on your own — and that’s not your fault. This is exactly why a free call to an attorney is so valuable. An attorney can review your medical records, consult with medical professionals, and give you a straight answer about whether negligence was involved. You don’t have to figure this out alone.
What Should I Do If I Think I’m a Victim of Medical Malpractice?
A few practical steps to take right away:
Request your medical records. Pennsylvania law gives you the right to your complete medical records. These documents are the foundation of any malpractice claim.
Write everything down. Jot down what symptoms you reported, what the doctor told you, what treatment you received, and how your condition changed. Details matter, and memories fade.
Don’t sign anything yet. If a hospital or insurance company asks you to sign a release or accept a settlement before you’ve spoken with an attorney, hold off. Once you sign, you may give up your right to further compensation.
Call a lawyer. Pennsylvania has strict legal deadlines for malpractice claims, and missing them could cost you your case entirely.
Is There a Deadline to File a Claim in Pennsylvania?
Yes — and it matters. In Pennsylvania, you generally have two years to file a medical malpractice claim. That clock typically starts from the date you discovered that a medical error caused your injury — not necessarily the date the error occurred. This is called the “discovery rule,” and it exists because some injuries aren’t immediately connected to the treatment that caused them. There are exceptions, particularly for children, but the safest approach is always to act sooner rather than later.
What Kind of Compensation Could I Receive?
Every case is different, and any attorney who throws out a dollar figure before reviewing your situation is just guessing. What we can tell you is that Pennsylvania patients harmed by medical negligence may be entitled to compensation for medical bills (both past and future), lost wages, reduced ability to earn income going forward, pain and suffering, and emotional distress.
The more serious the injury and the stronger the evidence, the more your case may be worth. A good attorney will work hard to make sure you’re not leaving money on the table.
Does It Cost Anything to Call?
Not a cent. We work on a contingency fee basis so you pay nothing unless we win money for you. No upfront costs, no hourly bills, no surprises.
If you or a loved one has been harmed by a medical error anywhere in the Philadelphia area, including Montgomery County, Delaware County, and Bucks County, we want to hear from you.
Call Aversa & Linn at 215-751-1717 or contact us online. You’ve already been through enough. Let us handle what comes next.
