Pennsylvania Medical Malpractice - A Roadmap
As a Philadelphia Medical Malpractice Lawyer, I am sometimes asked by a perspective client, "What should I expect? What is the process like?" The following is being presented to explain a roadmap to a medical malpractice claim. (This example presuces a Wrongful Death Claims is being presented)
In order to present a Pennsylvania Medical Malpractice Claim, the following steps must be adhered to:
1. First, An Estate must be opened with the Court. Usually a family member is appointed as the legal representative of the "estate".
2. After the Estate is opened, the legal representative signs authorizations for the medical records of the deceased. The Pennsylvania Medical Malpractice Lawyer will request the complete medical record from hospitals or doctors involved in the potential claim.
3. Upon receipt of the medical records, the Pennsylvania Medical Malpractice Lawyer will review the records to get an understanding of the case.
4. The Pennsylvania Medical Malpractice Lawyer will then hire a medical expert, usually in the medical specialty involved in the malpractice, to evaluate the hospital record (or physician records) from a medical standpoint. The attorney will ask the medical expert whether he can support a case for malpractice. In other words, in the medical expert's opinion, were there departures from good medical practices and were those departures from good care practices a factual cause in the injuries or death of the decedent.
5. Once the medical expert has confirmed each of those necessary elements, then the Pennsylvania Medical Malpractice Lawyer will notify the family that he or she intends on proceeding with their case.
6. Shortly after filing a lawsuit, the plaintiff's attorney must file a "certificate of merit" with the Court. This certificate of merit must be signed by the expert who verifies that based on the information then presented to the expert, the expert feels that the hospital/doctor committed medical malpractice, i.e. deviated from good medical practices.
If you have questions about medical malpractice lawsuits in Pennsylvania, contact the law firm of Mednick, Mezyk & Kredo, for a free confidential consultation.
