What Can an Attorney Do for My Medical Malpractice Case in Allegheny County?

By Ben Gobel on November 6, 2023

Photo of mallet and stethoscope

Medical malpractice cases are typically more complex than other personal injury cases. You are going to need strong evidence to win a medical malpractice case. Several complications can arise in such cases. However, a medical malpractice attorney from Allegheny County on your side helps increase your chances of winning the case. You want an attorney who understands standard health protocols and regulations in Pennsylvania and can use their experience and knowledge to prove that medical malpractice occurred and you deserve compensation for your suffering.

Understanding Medical Malpractice in Allegheny County

Medical malpractice happens when there is a deviation from the standard of care expected from a healthcare professional or facility. Allegheny County has an average of 396 medical malpractice cases every year. That is the second-highest average in the state of Pennsylvania.

For a medical malpractice case in Allegheny County, you have to prove more than just something went wrong during a medical procedure. You have to prove that there was negligence or wrongdoing that resulted in harm to you. The statute of limitations laws in Allegheny County state that victims have two years from the time the injury was discovered to pursue a claim. If they exceed this deadline, they will no longer be able to pursue legal action, unless there is a rare exception.

The Role of a Medical Malpractice Attorney

The role of a medical malpractice attorney is to get their clients justice for their suffering in an Allegheny County medical malpractice case. Since medical malpractice cases are complex due to their technical nature, medical malpractice attorneys are well-versed in medicine and standard healthcare protocols. Their knowledge and experience allow them to identify when the defendant deviated from the standard of care. The role also includes gathering evidence, completing all the legal paperwork, communicating with the opposing parties for a possible out-of-court settlement, and if needed, taking the case to court.

A medical malpractice case can be physically and emotionally draining for the victims. An attorney provides much-needed support by guiding the victim through the different steps of the legal proceedings and allowing the victim to focus on their well-being, while the attorney works on building and presenting a strong case.

Investigating and Building a Case

Many medical malpractice cases are won by physicians and hospitals; the primary reason for this is lack of evidence. The burden of proof is on the plaintiff to show that there was medical malpractice that directly caused them harm. An experienced attorney knows how to use their resources to gather evidence. This includes obtaining medical records and expert testimony. The medical records can show the extent of the victim’s injuries while the medical experts can help with the technical aspects of the case.

Negotiating with Insurance Companies and Defendants

A key advantage of hiring a reputed medical malpractice attorney is that they know how to negotiate with insurance companies and the legal team of the defendant. The negotiations can help you settle the case out of court, which means you get to resolve the dispute promptly. In addition, you have more control over the outcome of a settlement compared to a judge or jury verdict for the case.

Insurance companies are experts in negotiations and will try everything they can to minimize their payout. This makes it even more crucial to have an experienced medical malpractice attorney on your side, so they can handle the communication with the insurance company.

Preparing for Litigation

Settling the case through negotiations offers some advantages, but if there is no agreement between the parties, then you should be ready to take the case to trial. Your attorney should be able to handle all aspects of the litigation, including filing the lawsuit, the discovery phase, trial preparation, and legal representation. The outcomes of medical malpractice litigation can vary, so you should discuss all eventualities with the attorney. You can expect medical malpractice litigation to take anywhere from a few months to several years, depending on the complexity of the case.

Compensation and Support

If you get injured due to medical malpractice, you should waste no time getting legal assistance from a medical malpractice attorney. You have the right to seek compensation and support for your suffering. While medical malpractice cases are known to be challenging to win, if you have evidence of medical negligence or wrongdoing and have an experienced attorney on your side, you could have a solid case.