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Every medical malpractice case is unique, resulting in each lawsuit taking different lengths of time to settle. The Commonwealth of Pennsylvania is no stranger to medical negligence, with 874 reports of malpractice being filed against practitioners in 2023. When a patient files a malpractice claim, an investigation will be conducted to determine the extent of the medical professional’s negligence.

If you have fallen victim to a medical provider’s carelessness, our Harrisburg medical malpractice lawyers want to hear from you.

Complexity of the Case

A medical malpractice case is, by nature, complex, requiring that a medical review panel be convened to determine if the appropriate treatments were used given the patient’s medical condition. Additionally, establishing liability can be complicated if more than one physician is involved in your care.

The Extent of the Medical Professional’s Liability

Physicians must take the Hippocratic Oath, promising to “do no harm.” Preventing harm is accomplished by using reasonable care in treating patients. The causal link between the physician’s actions and the harm suffered by the patient must be established to determine the extent of a doctor’s liability.

Medical malpractice can involve a misdiagnosis, delay in diagnosis, prescription errors, surgical errors, or a failure to warn a patient about the risks involved in a procedure, to name a few. Part of a medical malpractice lawyer’s job is to collect medical records, medical imaging (X-rays, MRIs, and CT scans), and physician’s notes to determine if and when an error occurred.

The Severity of Harm Suffered by the Patient

Generally, there will be more evidence to comb through when a patient has suffered severe harm, causing the investigation to take years to resolve. If the patient had to undergo further surgeries to correct a surgeon’s error on an initial surgery, then the process may take even longer.

When the Patient Reached MMI

In medical malpractice suits involving patients who have suffered serious injuries or complications, the individual will likely have large medical bills and substantial lost income.

However, most medical malpractice lawyers would suggest that you do not settle your case until you reach maximum medical improvement (MMI). MMI is when you will no longer make any meaningful recovery, as determined by your treating physician.

Once you reach MMI, economic damages, such as future lost earnings and medical expenses, can be more accurately determined. However, reaching MMI may take some time, forcing you to wait several months or years before settling.

Under 42 Pa.C.S. §5524, you only have two years from the date of the injury to file a medical malpractice claim. By setting this time limit, the circumstances surrounding your case will be fresher in the minds of witnesses who are asked to testify.

While there are exceptions to this deadline, no matter your situation, you must file a claim within seven years of the incident. Even if you believe you missed the deadline to take legal action, you should speak with a Harrisburg medical malpractice lawyer who can decide if you meet any legal exceptions.

Consult with a Harrisburg Medical Malpractice Attorney Now

If you have been the victim of medical malpractice, you are likely unaware of your legal options. At Marzella & Associates, we will answer any questions you may have about the medical malpractice process. To schedule a free consultation with one of our Harrisburg medical malpractice lawyers, contact us online or by phone today.