UPMC Harrisburg is a valued community resource for those who need immediate care. Even though the hospital has a valued reputation within the region, that does not mean that errors don’t occur. If a physician or other healthcare provider fails to adhere to the standard of care expected of them, you have a right to take legal action. Our medical malpractice attorneys at Marzella & Associates discuss when you may be eligible to recover damages and examples of medical negligence at UPMC in Harrisburg, PA.
Elements of a Medical Malpractice Claim
Medical malpractice occurs whenever a medical professional violates their professional or ethical obligations to a patient, resulting in injuries. It can be broken down into the following (known as the four “D’s”):
Duty of Care
A doctor-patient relationship existed, which made the medical professional responsible for your well-being. Duty of care applies to all healthcare professionals, regardless of whether they are physicians, nurses, or other members of the medical team.
Dereliction (Breach of Duty)
The medical professional breached or deviated from the duty of care owed to you. This could be due to either an act or an omission. Dereliction implies that the healthcare professional abandoned their obligations to the patient.
Direct Cause
Due to the deviation of care, you suffered harm. The physician’s deviation must be the direct cause of your injuries.
Damages
You suffered measurable losses that the law allows you to recover. Common damages that are recouped in UPMC medical negligence cases include lost wages, medical bills (cost of surgeries, testing, and other procedures), and pain and suffering. If you are unsure of what damages apply in your case, you should speak with a medical malpractice attorney.
Examples of UPMC Harrisburg Medical Malpractice
Common forms of malpractice that happen at UPMC Harrisburg include:
Surgical Errors
Each year, thousands of surgical errors occur, many of which are completely avoidable given adherence to hospital protocols and sanitary procedures. Common surgical errors include performing the wrong procedure, operating on the wrong site, and leaving foreign objects in the surgical field. Although the state’s statute of limitations for medical malpractice claims is two years following the date of injury, this does not apply to retained foreign objects.
Under Pennsylvania’s discovery rule, the legal “clock” will only start once you discover or should have discovered an injury. Under the statute of repose, you only have a maximum of seven years to take legal recourse. However, an exception applies when the injury is caused by foreign objects left behind from surgery.
Misdiagnoses or Delayed Diagnoses
An estimated 7 million people who visit an ER are misdiagnosed each year. When a physician or other medical practitioner fails to take an accurate history, recognize the signs of a condition or illness, or perform proper testing, this may result in a misdiagnosis or a delayed diagnosis. In many scenarios, even a delayed diagnosis can cause irreparable damage.
Medication Errors
A medication error can occur if your doctor prescribes the wrong medication or dose, or if another medical staff member gives you the wrong medication. While some medication errors may result in your condition failing to improve, others can have fatal consequences. Sadly, some medication errors occur when a prescribed medication is not administered to a patient. This is often caused by understaffing or improperly trained staff.
Guidance from a Harrisburg Medical Malpractice Lawyer
Medical negligence can strip you of your physical and emotional well-being, leaving you in financial distress. If you have been injured due to a physician’s negligence at UPMC Harrisburg, hiring counsel can give you the best chance of a successful recovery. Malpractice victims may be entitled to reimbursement for lost wages, medical expenses, and other non-financial losses.
To learn the true worth of your case, contact usby phone at (717) 876-8681 to schedule your free consultation with one of Harrisburg’s medical malpractice attorneys.