Determining whether you have a valid medical malpractice case can be complex, as it requires a thorough review of the facts, medical records, and relevant standards of care. As experienced attorneys trained in medical malpractice law, we approach each case with a careful, systematic review process.

First, we begin by closely examining the medical records and other documents related to your care. We look for evidence of any deviations from accepted medical standards and assess whether those actions or omissions may have led to harm. Our training and experience help us identify red flags that may suggest negligence or errors in treatment.

If we believe there is potential merit to your claim, the next step involves consulting with qualified medical experts. These experts—professionals in the same field as the providers involved in your care—play a crucial role in determining whether your healthcare provider’s actions fell below the standard of care. To move forward with a medical malpractice case in Pennsylvania, we must obtain a certificate or affidavit of merit from each expert, which affirms that, in their opinion, the provider’s conduct did not meet the standard of care and contributed to your injury.

By leveraging our legal experience and collaborating with respected medical experts, we ensure that each case is carefully evaluated to determine whether it meets the criteria for medical malpractice. This approach helps us provide you with a clear and realistic assessment of the strength of your claim.

The “standard of care” in medical malpractice cases refers to the level of care and skill that a reasonably competent healthcare provider would have used in similar circumstances. It serves as the benchmark by which a healthcare provider’s actions are judged in a malpractice case, as it reflects what is expected in the medical profession under comparable situations.

In Pennsylvania, the standard of care is defined as what a reasonable physician would do under the circumstances. This means that the provider’s actions are compared to what another reasonable physician with similar training and experience would have done in a similar situation. In New Jersey, the standard is slightly different, defined as what the average physician would have done under the same circumstances. While subtle, this distinction can impact how cases are evaluated, as «reasonable» and «average» can imply slight variances in expectation or behavior within the field.

When dealing with specialists, such as cardiologists, neurologists, or surgeons, the standard of care becomes even more specific. In these cases, the provider’s actions are compared not to a general practitioner but to what a reasonably competent specialist in that particular field would have done. This makes the expertise of the reviewing medical expert essential. For example, a cardiologist’s actions would be reviewed based on what other cardiologists would consider standard, and the same goes for any other medical specialty.

To prove that the standard of care was not met, we rely on testimony from qualified experts who practice in the same field as the provider in question. These specialists help establish what the standard of care would have been for a particular type of treatment or procedure and whether the provider’s actions deviated from this standard. Their insights are crucial, as they are familiar with the specific skills and knowledge required in that area of medicine. In both Pennsylvania and New Jersey, this specialist testimony is a critical component of any medical malpractice case, helping the court understand what level of care should have been expected in each unique scenario.

In most cases, you have two years from the date of the alleged negligence or the resulting death to file a medical malpractice lawsuit. This two-year period is known as the statute of limitations and applies in both Pennsylvania and New Jersey. If you miss this deadline, you typically lose the right to pursue compensation, making it essential to act within this timeframe.

However, there are some important exceptions to this general rule. One is the Discovery Rule, which applies in situations where the harm caused by medical negligence isn’t immediately apparent. The discovery rule allows the statute of limitations to start from the date you reasonably discovered—or should have discovered—that malpractice may have occurred. This exception is especially relevant in cases involving delayed diagnoses or misdiagnoses, where the injury may only become noticeable over time.

Another key exception applies to minors. When a minor is the victim of medical malpractice, the statute of limitations may be extended. In Pennsylvania, the two-year period typically doesn’t begin until the minor reaches age 18, giving them until age 20 to file a claim. New Jersey follows similar guidelines, with additional nuances for cases involving birth injuries or specific types of negligence, which must be filed by the time the minor turns 13.

Each of these exceptions has specific requirements, so consulting an attorney as soon as possible is crucial to understand how the statute of limitations may apply to your case. Acting promptly helps ensure that your rights are protected and that any necessary evidence is preserved.

Medical malpractice cases are often complex, so they tend to take longer than other types of personal injury cases. The timeframe depends on factors like the county where the case is pending, the complexity of the medical issues, and the number of expert witnesses needed.

Even under the most expedited circumstances, medical malpractice cases usually take at least two years to reach a trial date. This is because these cases require thorough investigation, expert witness testimony, and multiple phases of legal discovery, all of which add time to the process. In some counties or more complex cases, it may take even longer, with three to five years being common before a case is fully resolved, whether through settlement or trial.

If you’re involved in a medical malpractice case, it’s helpful to prepare for a lengthy process. However, your attorney will work to keep things moving forward and will keep you informed at each stage.