The Role of Expert Witnesses in Medical Malpractice Lawsuits: Importance and Selection

When you are faced with the daunting prospect of a medical malpractice lawsuit in Pennsylvania, understanding the intricacies can be overwhelming. One of the most important elements of these types of cases is the role of expert witnesses. These individuals are more than just voices¾they are the cornerstone upon which many cases pivot.

Why are expert witnesses so significant in medical malpractice lawsuits, and how does one go about selecting the best possible witness?

The Importance of Expert Witnesses

Imagine you are in the midst of a legal battle. Your case hinges on complex medical knowledge, which requires more than just a keen legal mind to interpret. This is where expert witnesses shine. They possess the specialized knowledge that can make or break your case, translating medical jargon and procedures into clear, understandable information that a jury can grasp.

These experts provide testimony on whether the standard of care was breached and if this breach resulted in harm. In Pennsylvania's legal landscape, their testimony is not just helpful, but often required to establish the fundamental arguments of your claim. Without them, even the best medical malpractice lawyers in Pennsylvania might struggle to convey the nuances of your situation.

Selecting the Right Expert Witness

The process of selecting an expert witness is crucial. A good medical malpractice lawyer will vet potential experts to ensure they have the necessary credentials and experience. But it's not just about their resume. The expert must also be able to present their knowledge clearly and convincingly in court.

In Pennsylvania, the expert must typically work in the same field as the defendant. This ensures that they are well-versed in the applicable standards of care. Your lawyer, possibly a seasoned pi attorney with a track record of handling such cases, will seek-out an expert whose expertise aligns with the specifics of your case.

The Selection Criteria

Expert witnesses must meet several criteria to be considered credible. They must have current knowledge and practice in their specialty, as this lends weight to their testimony. Moreover, they should have experience in the particular procedure or treatment in question. The best medical malpractice lawyers also will consider the expert's previous experience with legal cases and their ability to stay composed under cross-examination.

Toward this end, a good medical malpractice lawyer will evaluate the expert's demeanor and communication skills. They must be able to connect with the jury and articulate complex medical concepts in a relatable way.

Working with Your Lawyer

Your role in this process, while more passive, is still significant. Trusting your attorney's judgment and providing them with all the necessary information can help them select the most fitting expert witness for your case. Remember, a strong collaboration between you, your lawyer, and your expert witness can significantly influence the outcome of your lawsuit.

In conclusion, the selection and use of expert witnesses in medical malpractice lawsuits are fundamental to the success of your case. If you are in Delaware County, Chester County, or Lancaster County, and find yourself needing assistance, reaching out to the best medical malpractice lawyers in Pennsylvania who can provide you with a good medical malpractice lawyer should be your first step. With the right team and expert witness on your side, you stand a much stronger chance of navigating the complexities of medical malpractice law and achieving a favorable outcome.

This blog was originally posted on https://pa4law.com/the-role-of-expert-witnesses-in-medical-malpractice-lawsuits-importance-and-selection/

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Medical Malpractice Laws in Pennsylvania – What You Need to Know

 

If you are considering bringing a medical malpractice claim, it is critical to understand how Pennsylvania law can affect your case. In addition to statutes of limitations on how long you have to file a claim, there are certain procedures and processes that must be followed in medical malpractice cases. Experienced local medical malpractice lawyers can advise you of your options and let you know what to expect when filing a claim.

How Long Do I Have to File a Medical Malpractice Claim in PA?In Pennsylvania, you have two years from the date an injury occurs or is discovered to file a medical malpractice claim. If you fail to bring a claim within this time frame, a court can dismiss your case, and you will not have any other legal recourse to pursue damages. There are extended statutes of limitations in some cases involving birth injuries or injuries to children, but it is always best to contact an attorney as soon as possible if you suspect medical negligence played a part in an injury or illness.

Medical Malpractice Laws in Pennsylvania

A medical malpractice case may be brought by a patient against any licensed healthcare provider, including a physician, nurse, mental healthcare professional, physical therapist, pharmacist, hospital, nursing home, medical practice, and other medical facilities or organizations.

The legal concept of modified comparative negligence is applied in all personal injury cases in Pennsylvania, including medical malpractice claims. This means that if the plaintiff shares any fault for their injury, an award for damages is reduced in proportion to the percentage of fault determined by a judge or jury. If the plaintiff is found to be 51% or more at fault, they are not entitled to recover damages.

In Pennsylvania, the Medical Care Availability and Reduction of Error Act (MCARE) requires all healthcare providers and hospitals to carry at least $500,000 in liability insurance coverage. The MCARE Act also resulted in the creation of a special state treasury fund that pays claims in excess of the $500,000 in coverage that healthcare providers and hospitals are already required to carry.

Are There Damage Caps on Medical Malpractice Awards in PA?

There is no limit on compensatory damages that may be awarded in a medical malpractice claim in Pennsylvania. A medical malpractice attorney may be able to help you recover damages such as:

●     Past and future medical bills

●     Past and future wage loss

●     Loss of earning capacity

●     Pain and suffering

●     Loss of enjoyment of life

●     Loss of consortium

In rare cases, punitive damages may be awarded. Punitive damages are designed to punish the defendant for egregious conduct and may not exceed 200% of the amount of compensatory damages. In addition, 25% of any award for punitive damages must be paid to the MCARE fund.

Filing a Medical Malpractice Claim

Before filing a medical malpractice claim, you must first give written notice to the healthcare provider within 180 days after the injury occurred. To reduce the incidence of frivolous lawsuits, Pennsylvania law also requires a plaintiff to file a “certificate of merit” with their complaint or within 60 days of filing the complaint. A certificate of merit must state that an appropriately licensed professional provided a written statement that asserts one of the following:

●     There is a "reasonable probability" that the health care provider did not meet the appropriate medical standard of care

●     The defendant was responsible for the person who breached the standard of care

●     Expert testimony is not required to pursue the claim

An “appropriate licensed professional” must have the proper education, training, knowledge, and experience to provide “credible, competent testimony” that the defendant failed to meet the accepted medical standard of care in the case.

Proving a Medical Malpractice Case

The burden of proof rests with the plaintiff in medical malpractice cases. This means that you must demonstrate the standard of care in the medical community for that specific treatment, that the defendant's medical professional did not adhere to that standard, and that their deviation from the standard of care caused your injury. Medical malpractice cases can be notoriously difficult to win, so regardless of the circumstances, you should find the best medical malpractice lawyers in Pennsylvania to evaluate your potential claim.

Our medical malpractice lawyers in Chester County, PA know what it takes to work towards successful outcomes in medical negligence claims.

This blog was originally posted on https://pa4law.com/medical-malpractice-laws-in-pennsylvania-what-you-need-to-know/

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5 Common HIPAA Violations and How to Prevent Them

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) keeps health care providers and institutions accountable for properly protecting, storing, and sharing patient information. Technology has changed the way records are kept which has created new issues to be addressed when it comes to protecting patient information. Our medical malpractice lawyers in Chester County, PA share some of the most common HIPAA violations and what recourse you may have if your privacy rights are violated.

Unsecured Records

In the past, paper records allowed physicians, hospitals, and other health care providers to keep records secure by locking them in secure areas with limited access. Today, most records are stored digitally which requires different types and levels of security. Passwords can be hacked, so it’s vital for records to be properly encrypted.

Hackers who are able to access sensitive patient information such as social security numbers can use it for crimes like identity theft which can have a serious impact on your finances and credit. If a hack or data breach has had a negative impact on your life, malpractice lawyers in West Chester PA help you hold responsible parties accountable for failing to keep your information safe.   

Employee Errors

Employees of health care providers and institutions should be well trained in HIPAA laws and the procedures required to keep patient information secure. Improper handling of phishing emails, disposing of records in an unsecure manner, and talking about patient cases with others are three major problems when it comes to employee mishandling of sensitive data.

These types of HIPAA violations are easily preventable with thorough training and monitoring of processes and employee performance. It’s imperative that health care professionals and organizations thoroughly train employees and enforce proper adherence to privacy laws and regulations.

Lost Devices

Another issue that has become a real problem is health care workers and providers losing devices like laptops, tablets, and smartphones. Outlining and informing employees of explicit policies and restrictions on whether devices can be taken from the premises and how they should be stored are critical in protecting patients’ rights. 

Impermissible Disclosure of Protected Health Information

Some other forms you may see at your doctor’s office, clinic or hospital are authorization forms for release of information to other health care providers and family members. These prevent your information from being released to other parties. If there are specific people or institutions you want to prohibit from accessing your records, make sure to inform your health care providers of this in writing.

Limited or Restricted Access to Your Own Records

Failure to provide medical records to patients in a timely manner is also a HIPAA violation. The Department of Health and Human Services (HHS) has been working to change certain rules to make protected health information more easily accessible to patients and their preferred health care providers. In 2022, they may ease certain administrative requirements and remove provisions of the HIPAA Privacy Rule that help simplify coordination of care and make records more accessible to patients.

What You Can Do to Protect Your Interests

Although it may seem tedious and time consuming, it’s important to read any health care provider’s HIPAA privacy policy and address any concerns about how your information is protected. If you are a victim of HIPAA privacy rights violations, a good medical malpractice lawyer can help you understand your rights.

Our experienced legal team features some of the best medical malpractice lawyers in Pennsylvania. We provide a thorough assessment of your case and advise you of your options for holding providers accountable.

This blog was originally posted on https://pa4law.com/5-common-hipaa-violations-and-how-to-prevent-them/

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Medical Negligence During Surgery: How an Air Force Veteran Sued The VA and Won

Although there are always risks associated with surgery, patients don’t expect to be harmed by the surgeons or hospital staff who care for them. Air Force veteran Benjamin Houghton anticipated his upcoming surgery to be fairly straightforward. However, it resulted in a life-changing medical mistake. He and his wife Monica decided to bring a claim against the Los Angeles VA Medical Center, as anyone in this situation would have been advised by a good medical malpractice lawyer.

Benjamin Houghton’s Story

In 1989, Benjamin Houghton was diagnosed with metastatic testicular cancer. In the Air Force at the time, he opted to undergo chemotherapy at Andrews Air Force Base. Chemotherapy was successful, and he retired from the Air Force when he completed treatment. In 2006, his left testicle became atrophied and painful. Although there were no signs that testicular cancer had returned, symptoms led his doctor to believe that cancerous cells could be present. Following physician recommendations, Houghton decided to have his left testicle removed.

Wrong Site Surgery

The surgeon who performed the procedure was John T. Leppert, a fifth-year medical resident at UCLA. Houghton’s left testicle was to be removed, and a vasectomy was to be perfomed on the right. Instead, Dr. Leppert removed the right testicle, which in medical terms is considered “wrong site surgery.” Although this type of error and malpractice claim may seem straightforward, many medical malpractice lawyers in Delaware County, PA have handled these types of cases, and they can be challenging to win.

How Did This Medical Error Happen?

Unfortunately, a series of missteps led to this devastating mistake. The following procedures should have been followed: the VA hospital should have obtained informed consent from the patient; the operation site should have been marked; and the operating room surgeon should have double-checked that he was operating on the correct site, doing the proper surgery, and operating on the right patient.

This system broke down in several ways. The consent form that was prepared the day of the procedure said that the right testicle was to be removed, and a left vasectomy performed, when it should have been the opposite. It is unknown who prepared the form.

Both Houghton and Dr. Leppert signed it. Houghton didn’t have his glasses on, so he couldn’t read it. Allegedly the surgeon said,  “This is what we talked about before. Just sign here and here.” Even if Houghton had read the consent form carefully, he may not have even caught the error, as the surgeon didn’t.

The surgery site was then supposed to be marked with a special pen before the patient was sedated so the patient could confirm the correct site. Houghton pointed to his left testicle, but no one marked it or his right testicle. Finally, although the medical records show that a timeout was called to confirm everything in the operating room, it’s unclear whether OR staff looked at any document except for the incorrect consent form. The VA has since improved these procedures, but it doesn’t change the fact that Benjamin Houghton and his family have suffered due to the hospital’s and surgeon’s errors.

The Aftermath of a Medical Mistake

Due to the lack of testosterone the healthy testicle produced, Benjamin Houghton faced potential health issues such as depression, sexual dysfunction, weight gain, and osteoporosis. His relationship with his wife Monica suffered, and Houghton went on disability for health issues. He and his wife sued the Los Angeles VA Medical Center for $200,000 in damages and won their case in 2013.  

This appalling error goes to show that it’s critical to be vigilant when undergoing any kind of medical treatment. Medical malpractice lawyers in Chester County, PA also recommend that patients have a spouse or another loved one read-over consent forms before they are signed which can make it easier to catch a mistake.

If you or a loved one has been a victim of a surgical error, our malpractice lawyers in West Chester, PA can help.   With decades of experience in personal injury law, our team includes some of the best medical malpractice lawyers in Pennsylvania.

This blog was originally posted on https://pa4law.com/medical-negligence-during-surgery-how-an-air-force-veteran-sued-the-va-and-won/

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