Medical Malpractice

Medical Malpractice Lawyers in Lancaster, PA

Fighting for Lancaster County patients and nursing home residents who fail to receive quality care

In times of need, particularly when seeking relief from physical pain or discomfort, we place our full trust in the men and women of the medical profession. Doctors and nurses are sometimes depicted on television shows as saviors who can do no wrong. Most of the time, our trust and confidence are rewarded with excellent medical care, as the medical profession is filled with compassionate, caring individuals whose primary goal is to improve the health and well-being of their patients.

However, hospitals, doctors, nurses, pharmacists, and other medical professionals are fallible. They make mistakes and unfortunately, their mistakes can often result in disability or death. The fact that the mistake is unintentional does not absolve the caregiver from responsibility for the result of the action. At KBG Injury Law, our Lancaster medical malpractice lawyers work with doctors who are skilled at diagnosing and testifying about medical mistakes. We demand full compensation for corrective surgeries and all the pain and suffering medical malpractice causes.

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What is medical malpractice?

Medical malpractice happens when any medical professional — doctor, nurse, hospital employee, pharmacist, or another healthcare professional — causes an injury to his or her patient by a negligent act or an omission of care that deviates from accepted norms of practice in the medical community. This negligent act could result from diagnostic errors, mistakes in treatment, inappropriate aftercare, or health management. Anytime a medical professional fails to competently perform his or her duties with the patient, there is a question of medical malpractice.

The core elements of a medical malpractice claim are:

  • There was a doctor-patient relationship between you and your physician or you and a healthcare provider.
  • The doctor or healthcare provider failed to provide competent medical care based on the accepted standards for their type of practice or care.
  • The medical errors cause you harm or cause the death of a loved one.

If you are suffering due to medical malpractice, you are not alone. A 2016 Johns Hopkins study suggested that only heart disease and cancer kill more Americans every year than medical errors.

What are the different types of medical malpractice?

Physicians, hospitals, nurses, medical technicians, pharmacies, and other healthcare providers may commit medical negligence in one of the following ways:

  • Failure to diagnose. Physicians often fail to diagnose heart disease, cancer, respiratory diseases, complications with a pregnancy, or other disorders in a reasonable amount of time. Delay or failure to diagnose a disease can cause serious harm or death.
  • Surgical mistakes. Many mistakes occur in the surgery room. Surgeons and their staff should anticipate many of the things that can go wrong during surgery. Many surgical mistakes such as failure to address loss of oxygen, treat infections, or respond to excessive bleeding are preventable. Doctors may be liable if they operate on the wrong body part or leave a medical tool inside your body.
  • Birth injuries. Sadly, failures by obstetricians and other birth doctors during the delivery (pre-delivery or post-delivery) can cause cerebral palsy, Erb’s palsy, and other serious and permanent health disorders to your newborn.
  • Lack of informed consent. Patients have the right to be told the known risks and dangers of any medical procedure or treatment.
  • Testing errors. Doctors need to order the correct lab tests such as MRIs, X-rays, CT scans, and blood tests for your medical condition. They, along with lab technicians, also need to correctly read and review these results.
  • Medication mistakes. Doctors and others may be liable if they prescribe the wrong medication or the wrong amount. Pharmacists may be liable for dispensing the wrong drug. Nurses may be liable if they fail to give a patient his/her medication on time.

Healthcare providers may also be liable if they fail to properly monitor your health condition at every stage of care. Other types of medical malpractice include misdiagnosing your condition or discharging you from the hospital too soon.

What types of injuries does medical malpractice cause?

Patients may experience negative outcomes due to medical errors based on their health condition and the type of care they should have received. As a consequence of medical mistakes, you may suffer the following injuries:

  • The need to have corrective surgery.
  • Disease or medical conditions that worsen because you did not receive the proper care.
  • Negative effects from taking the wrong medication, physical harm because a doctor made a mistake in surgery, and emotional trauma.
  • Various disorders such as heart failure, infections, or other health problems.

What is the value of my Lancaster, PA medical malpractice claim?

If you have been a victim of medical malpractice, you may be eligible for economic and non-economic compensatory damages. Economic damages cover financial costs incurred, while non-economic damages cover emotional stress and pain related to malpractice. In Pennsylvania, there are three categories of damages that may be awarded in a medical malpractice lawsuit:

General malpractice damages. These damages cover non-economic issues, including mental and physical pain and suffering, the loss of future earning potential, and the loss of enjoyment of life and others starting with your spouse. Our skilled Lancaster medical malpractice lawyers work with you, your doctors, and others to detail:

  • All your aches and pains.
  • All the things you can no longer do because of your injuries.
  • All the physical and emotional treatment you need, which often indicates the severity of your pain and suffering.
  • Whether you have a permanent disability.

In Pennsylvania, there are no financial caps on the awarding of compensatory or non-economic damages.

Special damages. These damages cover the specific medical expenses, wages lost due to missing work, and future medical expenses from malpractice. Special damages can be more easily calculated, which makes them a little more straightforward than general malpractice damages.

Punitive damages. If a doctor’s negligence is found to be malicious or willful, he or she may be assessed punitive damages. The idea behind punitive damages is to punish the medical professional’s reckless behavior. Punitive damages are typically more difficult to recover and require evidence that the medical professional knew they were harming you.

In the most tragic case, a patient dies due to medical malpractice. We then file wrongful death claims on behalf of the eligible family members such as the spouse, children, and parents.

Why do people hesitate to file medical malpractice suits?

If you believe your medical professional caused you or your family member harm, then you should consult with a medical malpractice lawyer. Patients may hesitate to file a claim because of the time and expense, or the incorrect thinking that doctors cannot make mistakes.

Medical malpractice is not frivolous — it can and should be taken seriously. When a professional fails to deliver the accepted standard of care, the results can be devastating:

Is nursing home abuse considered medical malpractice?

In Lancaster and across Pennsylvania, seniors and residents of nursing homes have the right to expect they will receive competent care. Nursing homes can be held accountable if staff members commit any type of physical, emotional, sexual, or financial abuse. Nursing homes and long-term care facilities can also be held liable if their negligence causes a loved one any harm or death.

  • Signs of physical abuse include bleeding, broken bones, open wounds, restraint marks, cuts, bruises, sudden changes in behavior, or the refusal of the nursing to let visitors see the resident. Other signs of physical abuse include bedsores, malnutrition, and poor hygiene.
  • Signs of emotional abuse include being given the silent treatment, intimidation, isolation from other residents and from family, withdrawal, odd behavior, and statements of emotional abuse by the senior.
  • Signs of sexual abuse include vaginal or anal bleeding that cannot be explained, STDs, claims of sexual abuse by the resident, bruises and lacerations around the body’s sexual body parts, and bloody clothing. Sexual abuse includes rape, sexually explicit photos, sodomy, and forced nudity.
  • Signs of financial abuse include powers of attorney in favor of a staff member, cashing checks without the resident’s consent, forgery, unusual withdrawals, unpaid bills, loss of valuable possessions, stealing, and failing to speak with the senior’s guardian or conservator.
  • Indicators of neglect include failing to follow COVID-19 safety procedures, untrained and unvetted staff, medical neglect, prescription neglect, noncompliance with nursing home building standards, understaffing, and failing to respond to complaints by seniors.

What are the rights of nursing home residents?

Yes. There are guaranteed Medicare rights for residents of any nursing homes and facilities that receive funding through Medicare or Medicaid. Pennsylvania also has its own Bill of Rights. These rights include such things as the right to:

  • Be treated with respect
  • File complaints
  • Be free from any restraints
  • Receive proper medical care
  • Speak with a representative – including a lawyer
  • Spend time with family and friends

Who is liable for Lancaster, PA nursing home abuse?

Numerous people and businesses may be liable for nursing home abuse or neglect. Defendants may include:

  • The nursing home
  • Nursing home staff members
  • Visitors
  • Medical staff
  • Medical oversight committees
  • Builders and architects
  • Maintenance and repair companies

You may claim similar damages on behalf of your loved one as you might for a medical malpractice claim. Our Lancaster nursing home neglect and abuse attorneys can help.

Do you have a Lancaster, PA medical malpractice attorney near me?

Our office is located at 1776 Harrisburg Pike, right across from the LGH Health Campus. KBG Injury Law also maintains offices in four other cities across Pennsylvania, so we are always close by when you need us.

Speak with a caring Lancaster, PA medical malpractice and nursing home abuse lawyer today

An experienced malpractice attorney at KBG Injury Law can conduct a thorough review of your case and let you know the strength of your case. We will help you secure important medical records, talk about what happened, determine whether the doctor failed to meet the standard of care, and help you file all relevant documents. To discuss your right to file a medical malpractice or nursing home case with a personal injury lawyer, please call 717.397.9700 or 800.509.1011, or complete our contact form. We maintain offices in York, Lancaster, Harrisburg, Hanover, and Gettysburg, and represent victims throughout South Central Pennsylvania.