Have you been harmed due to a medical error in Berwick, PA? Contact the Fellerman & Ciarimboli, Law PC at (570) 714-4878 to schedule a free consultation. Our Berwick medical malpractice lawyers will help you fight to recover fair compensation for your injuries and suffering.
We’re award-winning Pennsylvania trial lawyers committed to sticking up for injury victims and their families in the wake of tragic accidents and medical errors. Drawing on 100+ years of combined experience, our personal injury law firm has helped clients recover over $150 million in monetary awards from powerful insurance carriers, corporations, healthcare systems, and manufacturers.
Now, we’re here to help you fight for justice as you recover from injuries caused by a negligent healthcare provider in Berwick.
Why Choose Fellerman & Ciarimboli, Law PC to Help Me With My Medical Malpractice Lawsuit in Berwick, PA?
Victims of medical malpractice have trusted Fellerman & Ciarimboli, Law PC, to help them stand up to powerful healthcare systems and medical providers in Pennsylvania for over 25 years. We offer compassionate, approachable legal representation in Berwick, Pennsylvania, to clients whose lives have been turned upside down by costly medical errors.
Our team includes some of the most respected and successful trial attorneys in the Commonwealth of Pennsylvania, recognized for excellence in civil litigation, including:
- Super Lawyers
- Nation’s Top One Percent by the National Association of Distinguished Counsel
- The National Trial Lawyers Top 100
- The Multi-Million Dollar Advocates Forum
Our job is to use every tool and resource at our disposal to help you make the most of your claim.
Contact our Berwick medical malpractice lawyers to discuss the details of your medical malpractice case today. Your initial consultation is free.
What Is Medical Malpractice?
Medical malpractice refers to a healthcare provider’s deviation from expected standards of care. It can involve negligence, intentional misconduct, or even fraud. When malpractice causes a patient’s injuries or wrongful death, the patient (or their estate) can bring a personal injury claim to hold the provider accountable for resulting damages.
In Pennsylvania, most medical malpractice lawsuits are based on negligence. Negligence generally involves a breach of a duty of care owed to another person that caused avoidable harm and damages.
When you file a medical malpractice lawsuit against a healthcare provider, you’ll need to establish four different elements:
- The healthcare provider (defendant) owed you a duty of care.
- The healthcare provider breached this duty of care.
- The defendant’s actions (or failure to act) caused an avoidable injury or death.
- You’ve suffered damages.
You must also file a certificate of merit (often called a medical affidavit) within 60 days of filing a malpractice lawsuit, confirming that a qualified medical expert believes the claim has a reasonable basis.
How Much Could My Medical Malpractice Case Be Worth?
Medical malpractice case values vary depending on the specific facts of each case. Some of the most important factors that can affect how much your case could be worth include:
- What types of physical injuries have you sustained?
- What kind of medical error was made?
- Are any of your injuries permanent?
- What kind of medical treatment will you need to recover, and how long will that recovery last?
- Who’s liable for your injuries?
- What insurance benefits are available, and what are the provider’s policy limits?
- How strong is the evidence supporting your claim?
- How old are you?
- Has the incident affected your ability to work?
- Will you struggle with any kind of permanent impairment or disability?
- How will your quality of life be affected?
The more the medical error changes your life, the more you can recover with a medical malpractice lawsuit. Since there are no caps on compensatory damages in medical malpractice lawsuits in Pennsylvania, you can receive compensation for the full value of your economic losses and for whatever a jury deems to be fair for your harder-to-value suffering.
What Damages Can Be Awarded to Victims of Medical Negligence?
As the plaintiff in a medical malpractice lawsuit in Berwick, you’ll have the opportunity to request economic damages and non-economic damages for:
- Current and future medical bills
- Lost wages and income
- Diminished earning capacity
- Temporary and/or permanent disability
- Rehabilitation and therapy
- Out-of-pocket costs
- Medical-related travel and lodging
- Nursing care
- Funeral expenses
- Pain and suffering
- Reduced quality of life
- Emotional distress
- Disfigurement
- Physical scarring
Punitive damages may also be on the table for “willful or wanton conduct or reckless indifference to the rights of others.” However, they are capped for medical malpractice cases in Pennsylvania.
How Much Does It Cost to Hire a Berwick Medical Malpractice Lawyer?
Our Berwick medical malpractice attorneys work on a contingency fee basis. Faced with financial uncertainty and struggles, hiring an attorney to help you file a lawsuit shouldn’t add to your stress. You’ll only pay for our representation if we recover compensation for your medical malpractice lawsuit.
We’ll even front the costs of litigation at our own risk. If we don’t win your case, you’ll pay us absolutely nothing. If we win, attorney fees are deducted from the financial award we obtain on your behalf.
Who Can Be Liable for Medical Malpractice in Pennsylvania?
In Pennsylvania, any healthcare provider who makes a serious error and causes a patient’s injury can be liable for medical malpractice.
Depending on the specific circumstances of your situation, this might include a:
- Primary care physician
- Medical specialist
- Surgeon
- Hospitalist
- Anesthesiologist
- Nurse
- Nurse practitioner
- Chiropractor
- Dentist
- Pharmacist
Hospital staff, administrators, and hospital systems can also be liable for medical negligence in certain situations. Often, if a provider is a hospital employee, the hospital can be vicariously liable for the doctor’s mistakes and missteps.
Medical malpractice claims often require detailed reviews of treatment records, expert opinions, and testimony from healthcare professionals. Acting quickly can help preserve critical evidence, identify responsible parties, and protect your right to seek compensation. A thorough investigation can also reveal whether multiple providers or institutions contributed to your injuries significantly.
Types of Medical Malpractice Cases We Handle
Our medical malpractice lawyers in Berwick can handle cases involving:
- Misdiagnosis
- Cancer misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Failure to treat
- Anesthesia errors
- Prescription medication errors
- Birth injuries
- Hospital-acquired infections
- Lack of informed consent
These types of mistakes can happen when there’s a breakdown in communication between healthcare providers, hospitals are understaffed, charting errors are made, providers are under the influence of drugs or alcohol, or providers fail to listen to patient concerns.
Our team knows how to investigate the unique circumstances of each case of medical negligence, which evidence offers the most support in building a legal claim, and which experts offer the best insight and guidance along the way.
What’s the Statute of Limitations on Medical Malpractice Lawsuits in Pennsylvania?
You’ll generally have two years from the date a medical error is made to file a medical malpractice lawsuit in the Commonwealth of Pennsylvania.
There can be exceptions. There are times when a medical error or resulting injury isn’t immediately apparent. In these situations, the statute of limitations can be tolled until the injury is discovered.
However, a seven-year statute of repose offers a hard cap on litigation, even if an injury isn’t discovered within that timeframe. Again, there can be exceptions, such as when an error is concealed or a foreign object is left inside the body after surgery.
Schedule a Free Consultation With Our Experienced Berwick Medical Malpractice Lawyers
If you have been injured due to medical malpractice, you may be entitled to compensation. Our Berwick medical malpractice lawyers bring a century of collective knowledge and experience to the negotiating table. Choosing us as your advocate does more than level the playing field against a powerful hospital system – it sets the stage for a fight for maximum compensation. We’ve helped clients win over $150 million in damages.
Reach out to Fellerman & Ciarimboli, Law PC, to arrange a complimentary consultation.