Are you the victim of a surgical mistake or other type of medical malpractice? If you have suffered an injury as a result of medical malpractice or negligence, the team of legal professionals at the law offices of Schmidt Kramer can help.
I am very pleased with the settlement I received.... I would highly recommend!
- Client of Schmidt Kramer
Our medical malpractice lawyers have experience successfully handling medical malpractice cases including a $425,000 recovery on behalf of a 90-year-old client against Pinnacle Health Cardiovascular Institute. Our attorneys and support team work hard to give your case the attention your doctor failed to give you.
Call (717) 888-8888 for a free legal consultation with a lawyer at our firm, or fill out a Free Case Consultation form and a member from our legal team will be in contact with you shortly.
Schmidt Kramer - Trusted Local Lawyers
Do I Have A Medical Malpractice Case?
By definition, medical malpractice is the failure of a medical professional to adhere to the standards of care set forth in his or her practice resulting in physical or mental injury to a patient. Medical malpractice may refer to a health professional’s actions or failure to act in some cases.
There are several factors that can lead to medical malpractice. To determine if you were the victim of a medical mistake that could have been prevented, ask yourself the following questions:
- Did your doctor fail to disclose important information regarding your health or medical condition?
- Was your treatment delayed because your insurance company questioned the necessity of a procedure or test?
- Were you injured by faulty medical equipment, or was your baby injured by medical equipment during birth?
- Have you suffered adverse reactions from a drug you were prescribed?
- Did your condition worsen because you were discharged too early?
If you can answer “yes” to any of the above questions, you may have been a victim of medical malpractice. To learn more about your legal options, contact a Harrisburg medical malpractice lawyer at Schmidt Kramer today.
How a Lawyer Can Help
In most instances, medical malpractice victims that have legal representation recover more financial compensation compared to those that do not hire a lawyer. Furthermore, insurance companies are often involved in medical malpractice cases where their goal is to have the claim dismissed or, paid out at the lowest possible financial amount.
... medical malpractice victims that have legal representation recover more financial compensation compared to those that do not hire a lawyer..."
At Schmidt Kramer, we have been handling cases against insurance companies for many years and we use that experience to build a strong argument for your damages claim. From handling inquiries on your behalf to gathering the evidence that we may need to support your claim, our attorneys have a detailed knowledge of the laws in Pennsylvania that relate to medical malpractice and a full support team to help - which may also include the use of industry experts and professionals that we can call upon to support your case.
What is My Case Worth?
As each medical malpractice case is different, it can be difficult to immediately determine the value of your case without knowing the specific details associated with it.
However, we understand that victims and their families need answers and our team of lawyers and support staff can help to find them.
We welcome you to call us at (717) 888-8888 so that you can speak to a lawyer at our firm and we can begin to discuss the merits of your claim.
It's free to call and it's free to talk to a lawyer during our initial consultation. If you decide to hire us, there are no upfront fees and we only get paid when we obtain a recovery on your behalf.
Free Consultation. Ph: (717) 888-8888.
What Forms of Compensation May Be Available?
Generally, medical malpractice victims may be eligible to seek compensation in the form of economic or non-economic damages. These damages will depend on your unique situation and may include the following:
These damages help to reimburse you for any monetary losses, such as:
- Medical bills from a doctor, hospital or clinic
- Future medical treatment required
- Emergency services and hospitalization
- Travel costs to doctor’s appointments
- Operations and corrective surgeries
- Diagnostic and imaging tests
- Loss of wages and earning capabilities
- Funeral and/or burial expenses
These damages help reimburse you for any physical and emotional losses you have experienced, such as:
- Physical pain and suffering
- Mental pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of enjoyment of life
- Loss of companionship
Unlike other states, there is no cap or limit to the amount of damages that may be awarded to medical malpractice victims in Pennsylvania. Our licensed Harrisburg medical malpractice attorneys are prepared to pursue maximum compensation on your behalf, should your claim have merit.
Call for legal help 24/7 at: (717) 888-8888.
How Long Do I Have to File a Medical Malpractice Claim in PA?
Pennsylvania follows a statute of limitations, which sets a certain time limit for victims to take legal action. Not filing before the deadline will likely result in a court dismissal and an inability to pursue compensation.
In most situations, you must generally file within two years from the date of the malpractice. There are circumstances that affect or alter this deadline, such as with claims involving victims who are children or minors or when an injury was not immediately discovered until a later date.
This is why it is in your best interest to reach out to a member of our legal team as soon as possible.
Proving Medical Malpractice
Being able to prove medical malpractice means establishing that the doctor or medical professional did not provide a reasonable standard of care when treating you. While this may seem straightforward, proving this can be complicated in a medical malpractice claim without legal representation on your side.
If you have a valid claim, a Harrisburg medical malpractice attorney from our firm is ready to help establish:
- The existence of a doctor-patient relationship
- The doctor owed you a duty of care to prevent harm
- The doctor breached this duty by acting negligently
- The doctor’s negligence led directly to your injury
- The injury you sustained resulted in damages (i.e. medical expenses)
Schmidt Kramer. Free Initial Consultation. Ph: +(717) 888-8888.
Differences Between Medical Negligence and Medical Malpractice
Many people may not realize that while both terms share certain similarities, they are actually very different.
Medical negligence occurs when a mistake, error or oversight by a medical professional leads to injuring a patient. The mistake was not intentionally done and was unknown during the time treatment was given.
Medical malpractice, however, happens when a medical professional knew or should have known about the potential consequences by acting or not acting with reasonable care. His or her duties were not performed in a manner that is acceptable within the standards of the medical community and this resulted in the patient suffering an injury, a worsened condition or death.
Paying Taxes After A Medical Malpractice Settlement
Victims of medical malpractice typically do not have to pay taxes on settlement awards for a physical injury or illness. Although, according to the Internal Revenue Service (IRS), victims may have to pay taxes on settlement awards for emotional distress or mental anguish. Any punitive damages may also be taxable.
These damages are awarded in rare circumstances to punish the doctor or medical professional for his or her gross negligence to discourage others with the same training and experience from committing the same act.
Common Types of Medical Malpractice
Medical malpractice committed by a negligent doctor or medical professional can occur during any stage of treatment. Some of the most common types of medical malpractice include:
A misdiagnosis can occur when a medical professional fails to correctly recognize or diagnose a patient’s illness. Not undergoing any treatments or the wrong treatment can cause the patient’s illness to worsen or lead to a fatal injury.
A medication error can occur when a doctor prescribes the wrong medication or dosage amount or the medication interacts badly with other drugs. This can cause the patient to suffer from serious side effects, an allergic reaction, or a potentially dangerous overdose.
A surgical mistake can occur when a surgeon performs on the wrong patient or body part, leaves surgical equipment inside the body, or inappropriately sterilizes surgical tools. This can cause the patient to suffer from a deadly infection or other serious, life-threatening injuries.
A mistake with anesthesia can happen when an anesthesiologist administers not enough or too much anesthesia, fails to check a patient’s history for possible complications or does not pay attention to a patient’s vital signs during an operation. This can cause the patient to suffer a brain injury or death.
A birth-related injury can happen when an OBGYN causes harm to a child and perhaps the mother during labor and delivery as a result of delaying a C-section, failing to identify fetal distress or an ectopic pregnancy, as well as the improper use of birthing equipment, such as vacuums and forceps. This can result in the child suffering often permanent and irreversible nerve damage, paralysis or cerebral palsy.
Contact Our Harrisburg Medical Malpractice Lawyers
Suffering from medical malpractice can be devastating for the victim and his or her family members who often deal with the side-effects of the victim’s injury. At Schmidt Kramer, we sympathize with anyone who has suffered due to a medical professional’s negligence. We are dedicated to helping victims fight for fair and just compensation.
Our attorneys are experienced in handling medical malpractice cases and we have helped those who have been injured as a result of the negligence of health care providers. At Schmidt Kramer, our legal team has more than 30 years of experience and are prepared to walk you through the entire legal process.
If you have been seriously injured and you have legal questions - we welcome you to call and speak with our lawyers today.