In 2024, medical malpractice claims totaled $556.7 million in the state of Pennsylvania. Although the number of cases is steadily on the rise, no substantial steps have been taken to rectify the issue. The consequences of hospital malpractice can be seen in the impact it has on a patient’s health, with approximately 795,000 patients each year experiencing permanent disability or death.
Patients deserve to be given pristine care when being treated in a hospital setting, receiving medical professionals full and undivided attention. When this level of care cannot be met, individuals should be compensated for their injuries. At Marzella & Associates, our legal team understands how devastating a hospital staff’s misstep can be. If you or a family member have been injured during a hospital stay, our York medical malpractice attorneys would like to hear from you.
The 4 D’s of Hospital Malpractice
Hospital malpractice occurs anytime a healthcare provider or hospital does not adhere to the expected standard of care, causing a patient injury. Hospital malpractice may involve a physician’s error (such as a misdiagnosis, improper treatment, or lack of monitoring post-surgery) or a hospital error (mixing up patient charts, staffing shortages, or failing to provide discharge instructions).
Hospital malpractice can be summarized as the 4 D’s:
Duty
Healthcare professionals and hospitals owe patients a duty to administer an expected standard of care. This standard is based on how a physician in the same field would behave given the same or similar circumstances.
Dereliction
Whether the provider or facility acts or fails to act, there is a deviation from the acceptable standard of care. In hospital malpractice cases, this dereliction is often established through expert witness testimony. An expert witness will analyze a patient’s medical records to provide their medical opinion on the recommended course of treatment.
Direct Cause
There must be a direct link between the physician’s or hospital’s actions and the injuries sustained by the patient. This is often the most challenging element to prove in a medical malpractice claim.
Damages
A valid hospital malpractice suit requires that the patient suffered harm. Although the patient may be compensated for other losses, including financial and emotional damages, this only applies if the individual has sustained physical injuries. Compensatory or actual damages may include financial and non-financial losses, such as lost wages, medical costs, and pain and suffering.
However, The Commonwealth of Pennsylvania restricts punitive damages (those meant to punish the defendant) to twice the amount of compensatory damages in malpractice lawsuits filed against individual physicians. The punitive damages cap does not apply to malpractice suits against hospitals, although 25% of the plaintiff’s award must be paid to the Medical Care Availability and Reduction of Error Fund.
Establishing Medical Negligence
The complexities of a medical diagnosis can make it difficult for a patient to prevail in a medical malpractice case. For this reason, medical malpractice suits can also become a “battle of the experts,” leaving the jury utterly confused. If you have been injured in a hospital facility, you need a legal team that focuses their practice on hospital malpractice claims.
At Marzella & Associates, our York medical malpractice attorneys will take the time to evaluate every aspect of your case to determine when the negligence occurred. We maintain ongoing relationships with acclaimed physicians in specific fields, allowing us to develop the strongest strategy to help you recover the compensation that is rightfully yours. Our scope of experience, talent, and knowledge can be seen in our results. Since our founding, our team has assisted countless injured parties in securing multiple million-dollar verdicts against hospital providers.
Although the vast majority of hospital malpractice cases settle out of court, our trial lawyers are prepared to pursue litigation if needed. If you are ready to learn the true worth of your malpractice claim, contact our firm today.
Why Wait? Contact Our York Hospital Malpractice Attorneys Today
A medical error can snowball into lifelong health struggles. These struggles can result in physical, financial, and emotional distress, often with no visible end in sight. Do not attempt to pay your medical bills without seeking legal relief. If you or a loved one have been impacted by an administrative error, surgical mistake, or lack of access to your physician, our York hospital malpractice attorneys would like to speak with you. To learn more or arrange your free consultation, contact us online or by phone at (717) 876-8681 at your earliest convenience.