|
 FREQUENTLY
ASKED QUESTIONS
Medical
- What is the statute of limitations for a medical
malpractice case in Pennsylvania?
- What is the effect of allowing the statute of
limitations to expire?
- Does a bad result in treatment always mean that there
is a malpractice case?
- Will a doctor lose his medical license if he is
determined to be negligent in a civil action for money
damages?
- Does a doctor pay a judgment himself if a verdict was
rendered against him?
- Are medical malpractice cases and verdicts adversely
affecting patient care?
- Can I sue my doctor and win if he is negligent, but
does not injure me?
- Do I have a right to know about the risks of surgery
and available alternatives?
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| Q: What is the statute of limitations
for a medical malpractice case in Pennsylvania? |
A: Generally, the statute of
limitations begins to run on the date of the negligence and
expires two years thereafter in Pennsylvania. However, there
are exceptions if the patient is a minor, is incapacitated,
or if there are special circumstances where a legal concept
know as the "Discovery Rule" applies. An attorney should
always be contacted to appropriately calculate the statute
of limitations as it may vary from case to case. You may
contact Attorney Rolf Patberg at 412-232-3500 for any
specific inquiries.
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| Q: What is the effect of allowing the
statute of limitations to expire? |
A: Generally, you will not be able to
pursue the case. There are very few exceptions. You can
contact Rolf Patberg at 412-232-3500 for more specific
information.
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Q: Does a bad result in treatment always mean
that there is a malpractice case? |
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A: No. Unfortunately, not every patient's care
results in a favorable outcome. However, a bad result may be
evidence of negligence. This can only be determined after a
careful evaluation of the case by an attorney who emphasizes
in medical negligence cases and a medical expert. You may
contact Rolf Patberg at 412-232-3500 for further
information.
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Q: Will a doctor lose his medical license if he
is determined to be negligent in a civil action for money
damages? |
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A: No. A Doctor, as with an attorney, is licensed
through the Commonwealth of Pennsylvania. A malpractice case
does not, in and of itself, have any direct bearing a
physician's license. Most physicians, fortunately, will
correct their errant ways after being sued and therefore,
malpractice cases serve an important societal function in
the increased and improved standard of care.
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Q: Does a doctor pay a judgment himself if a
verdict was rendered against him? |
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A: No. Doctors are legally obligated to to have
medical insurance and most have coverage in excess of
$1,000,000 and most have more. The physician does not pay
the judgment unless he has insufficient coverage. The
insurance company pays his attorneys' fees.
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Q: Are medical malpractice cases and verdicts
adversely affecting patient care? |
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A: Absolutely not. First, medical malpractice
case a/k/a medical negligence cases are very difficult and
often are not won, if tried. For example, the Plaintiff only
wins 8-12% of the medical negligence cases tried in
Allegheny County, Pennsylvania. Second, medical institutions
and physicians are in the business of providing medical
services for a fee. Medical malpractice verdicts affect the
bottom line through increased future insurance premiums.
Hence, both the hospital, the physicians' practice, and the
insurance company evaluate quality care control issues that
are proven in a medical negligence action. As such, medical
malpractice cases actually help improve the improve the
quality of care.
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Q: Can I sue my doctor and win if he is
negligent, but does not injure me? |
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A: No. In medical malpractice cases based upon
negligence theories, the Plaintiff (the patient) must prove
both causation and damages. In other words, if a doctor
misses a diagnosis or performs some other act of negligent
he/she is legally negligent. However, if that mistake is
immediately detected and remedied without harm to the
patient, then there is no case. However, if there is a
consequence of the negligent act, then there is a case. This
is a very complicated area of the law and if you have any
specific questions, you may contact Attorney Rolf Patberg at
412-232-3500.
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Q: Do I have a right to know about the risks of
surgery and available alternatives? |
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A: Yes. This, in Pennsylvania is called the
"Informed Consent Doctrine". In essence a doctor is
responsible for telling you about all of the known risks of
the procedure and available conservative options including
therapy etc. If a patient is not told, this action of
touching the patient during the surgery is considered to be
a battery because it is an unconsented touching. Cases are
filed all the time for the lack of informed consent. If you
would like to discuss an informed consent issue, call
Attorney Rolf Patberg at 412-232-3500.
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