Surgery always carries risks, but some injuries go far beyond ordinary complications. Burns caused by surgical equipment and nerve damage from negligent surgical techniques can leave patients with lasting pain and permanent disability. When these injuries result from a medical professional’s failure to follow accepted standards of care, patients may have the right to pursue compensation through a medical malpractice case. The first step to financial recovery is consulting with a medical malpractice lawyer to understand whether you have a case.
How to Prove Medical Malpractice
Before you can recover compensation for what happened to you, you and your attorney will need to work together to prove four things to the court:
- That your surgery team had a legal duty to care for you
- They failed to uphold their duty
- Their failure directly caused your injuries
- Your injuries led to financial and/or emotional harm
To prove these four things, you’ll need to gather extensive evidence. It is not enough to only speculate about what caused your injuries. Evidence can include copies of your medical records and charts, security footage from the hospital that caught the incident on video, eyewitness testimony, testimony from medical professionals in similar fields who can offer their opinion about what happened, and photos of your visible injuries.
When to File Your Medical Malpractice Case in Pennsylvania
Outlined in 42 Pa.C.S. § 5524, victims of medical malpractice in Pennsylvania typically have two years to file their case. This clock starts either from the date of the incident or the date you first discovered your injuries. While this deadline may seem long, it’s vital to file as soon as possible.
You may quickly incur substantial financial debt after medical negligence, paying for corrective surgeries, physical therapy, medications, and other treatments. Depending on the severity of your injuries, you may also have to take time off from work to recover, resulting in lost income. The longer you wait to start your case, the more your financial losses will continue to add up.
Another reason to file quickly is to preserve your evidence. Certain pieces of evidence, such as witness testimony and surveillance footage, can disappear or fade quickly after the initial incident. Collecting evidence early is key to preserving as much as possible.
If you fail to file within the two-year timeline, the courts will likely dismiss your case, and you won’t be able to pursue any compensation for your physical pain and financial losses.
Choose a Trusted Lancaster Medical Malpractice Attorney to Represent Your Rights
Burns and nerve damage sustained in surgery can cause lifelong physical and emotional damage. When your healthcare professional acted negligently, you deserve to pursue compensation to help you recover your present and future financial losses. The attorneys at Marzella & Associates are here to help you navigate every step of your case. Contact our office online today or call 717-234-7828 to schedule a free consultation to discuss the details of your case.