Both failure to diagnose and misdiagnosis are recognizable causes of actions in Pennsylvania. However, failure to diagnose is different than misdiagnosis.
Failure to diagnose is when the healthcare provider fails to appropriately diagnose a condition. Misdiagnosis is when the health care providers makes a diagnosis, but that diagnosis was wrong. Failure to diagnose and misdiagnosis cases often include:
Misdiagnoses is a common occurrence of Pennsylvania medical malpractice. There are two basic reasons why people visit doctors absent medical emergencies. First, patient seeks medical care because of a specific complaint or possible medical issue. Often an unusual pain, discomfort, or unusual bleeding will prompt us to seek medical attention. Another reason we visit doctors is for a scheduled visit or check up.
The first and most important step of the medical treatment process is to diagnose any medical problems.
Doctors are trained and educated to diagnose medical problems and recognize symptoms and signs to prevent future medical problems. Doctors cannot cure patients without first diagnosing a problem. This is the basic reason why patients visit doctors.
To properly diagnose medical problems, medical professionals need to take thorough steps in understanding a patient’s medical history and in ordering all reasonable and appropriate tests to ensure that any potential medical problems do not become aggravated or chronic.
Lawsuits occur when doctors do not walk through their thorough steps to ensure prompt diagnoses of serious conditions.
One of the most basic reasons medical professionals misdiagnose health issues is because they do not understand or take the time to understand a patient’s past medical history.
With time constraints and limitations from insurance companies on payments, doctors have to see a high number of patients. This process has led to an increase in the number of misdiagnoses cases. Our medical malpractice attorneys are experienced in handling misdiagnoses and failure to diagnosis cases.
When individuals suffer harm as a result of a misdiagnoses or failure to diagnosis, then the treating physician may be held liable for any and all injuries suffered thereafter. If a doctor does not perform a thorough examination or does not order the proper tests or negligently misinterprets test results, the results can be devastating. Misdiagnoses and treatment of the wrong condition can make a patient’s condition worse than it was before he or she saw the doctor.
Medical Malpractice is the deviation from the ‘acceptable standard of care’.
The STANDARD OF CARE is the degree of caution or skill of which we expect and require from healthcare providers in our community.
A physician must have the same knowledge and skill and use the same care normally used in the medical profession. A physician whose conduct does not meet this professional standard of care is negligent and should be held responsible. Medical Malpractice is based upon holding doctors or healthcare providers responsible when the standard of care is breached.
The STANDARD OF CARE is a subjective standard. Therefore, doctors can often disagree about what is expected in providing medical treatment. In order to pursue a medical malpractice case in Pennsylvania, plaintiffs must obtain a written expert report from a physician in the same or similar field opining that the care rendered indeed was negligent.
Malpractice is believed to be the third leading cause of death in the United States behind heart disease and cancer, according to an article in the Journal of American Medical Association.
Individuals in Pennsylvania are entitled to compensation when a physician’s negligence causes their injury.
Compensation for medical malpractice includes monetary recovery for:
Our firm routinely reviews a wide variety of medical malpractice cases including surgical errors, hospital mistakes, misdiagnoses, plastic surgery errors, and lack of informed consent cases. If you have any questions, please call us at 412.855.5511 and speak to attorney Noah Fardo directly.
The statute of limitations for medical malpractice and medical neglect cases in Pennsylvania is two (2) years from the date of the harm suffered. There can be a tolling (or extension) of the statute of limitations of two years in specific cases where the party was unaware of the negligence or harm suffered until a later date or if the case involves a minor (under the age of 18). In medical malpractice cases involving minors, the statute does not begin to accrue until the minor reaches age 18, and then ends on their 20th birthday.
Example of tolling a medical malpractice case: If a patient undergoes a knee surgery, and the doctor operates on the wrong knee, then the statute of limitations would most likely be two (2) years from the date of the surgery, since the patient should have known of the mistake on the day the surgery occurred.
However, if the doctor’s error was not discovered until a later date (even years later), then the statute of limitations may not begin to run until the patient knew, had reason to know or should have known of the alleged malpractice and the injury. Of course, each case depends on the unique facts of each case.
You need to have your potential case reviewed by experienced medical malpractice lawyers as well as a potential review by a physician.
Bad outcomes do not always mean a person has a lawsuit. A mistake by a doctor may mean that there is a case but not always.
In Pennsylvania, injured persons have a medical malpractice case if and only if they can satisfy three elements.
It is not always possible to know whether a medical malpractice case exists until the records are obtained and reviewed both by the lawyers and doctors.
However, common sense will often dictate to people whether a medical error happened and it is very important to know what to do if you are suspicious as to whether malpractice occurred or not.
If you think a medical mistake or medical error has happened based on the actions of a doctor or hospital, you need to do 3 important things.
Obtaining your own medical records should be easy. It is not. Doctors and hospitals often have excuses of why they are unable to timely forward copies of patients medical records.
Depending upon the facility, it is always better to try to obtain copies of the medical records at the time of treatment. Speak directly to the office manager or to the medical billing unit at the hospital.
You will need to complete a HIPPA compliant medical record release authorization if you would like your attorney to request these records on your behalf.
Many of the medical facilities in Pennsylvania do have standard medical record requests available online. These forms can be filled in by either the patient or the representative and sent directly to the provider. If you ever need help obtaining your medical records for a medical malpractice case in Pennsylvania, please feel free to let us know by emailing info@pghfirm.com.
It Depends.
We never give medical advice. If you believe that a specific doctor can give you or a loved one the best medical care, then you always need to do what is best from a health perspective. You should never let a legal decision affect an important medical decision.
However, from a legal perspective, we do not recommend continuing treatment with a doctor that you believe may have committed malpractice unless necessary from a medical standpoint or from a treatment standpoint.
The logic is simple. First, why would you want to continue treating with a doctor that you believe committed medical malpractice? If you believe a doctor was negligent, common sense would question whether you or your loved one should continue care with that same allegedly negligent doctor. Second, juries can be skeptical of patients who sue the same doctors that they continued to treat with. This is different if you believe a hospital made a mistake, and again legal decisions should NEVER guide your necessary medical treatment.
Choosing a doctor is a personal decision, and one that should focus on health and safety first and foremost. However, if you are pursuing a lawsuit, you should be careful about treating with the same doctor or healthcare provider you believe was negligent in the first place.
Not all medical malpractice lawyers are equal and most have different levels of experience. Finding the right malpractice lawyer for your case is about finding the best lawyer that you feel most comfortable handling your case. There are several ways you can ensure that your potential lawyer is the right malpractice lawyer for your case.
At a minimum, you need to:
research lawyers, interview several lawyers, and make sure your lawyer has the time and specific experience to handle your case.
We will certainly talk with you for free and provide some general thoughts on your potential medical malpractice case. Our screening process starts with an interview by an actual lawyer. If we believe there is merit, we will offer to review the medical records and have the records reviewed by a doctor. We do not offer actual physician review in every case.
There is no obligation during the review process and typically, we only offer representation if a doctor is willing to agree that there was negligence. In addition, we must be able to determine that the negligence caused harm to the patient.
If we accept your case, we advance 100% of all costs, expert fees, deposition costs, the costs of obtaining your medical records, and any other case expenses and are only reimbursed if we are successful in recovery.
If you would like a free consultation, please call Managing Attorney Noah Fardo directly at 412.855.5511.
Our representation for medical malpractice and/or medical negligence cases is based on a contingent fee structure.
There is absolutely no fee unless we obtain recovery for you. We advance 100% the costs, including experts, filings, and depositions and are only reimbursed from the client’s share if we are successful. If we represent you or a loved one in a medical malpractice case, you can rest assured that we cannot make money unless we obtain monetary recovery for you or our client.
Our Pittsburgh law firm advances substantial sums of money for each case with absolutely zero financial risk to our injured clients.
If you are injured, we will make any necessary accommodations to offer you the most convenient consultation possible. Whether you are at home or in a hospital, we will listen to the situation which caused your injury.
The standard fee for medical malpractice cases is 40% of the total recovery received. It is important to understand that any costs advanced by the lawyer are typically deducted from the client’s portion of the recovery.
Clients are never responsible for out-of-pocket expenses unless there is a recovery. However, clients are encouraged to keep track of costs as litigation proceeds so that they are aware of the deduction which will happen from their final recovery.
Fees for injured minors will often be reduced and need approval from the courts prior to final resolution.
It Depends. We have had some success in early resolution programs with local hospitals and doctors. Typically though, early resolution is only the best remedy if the case is very clear on liability and the defendants express an interest in the early resolution process. More typical is that the filing of a medical malpractice lawsuit is necessary to ensure that the case is fairly evaluated before any settlement. We believe that the value of a medical malpractice case usually increases once the legal complaint is filed.
Also, you can always address resolution once the case is actually filed, and then the defendants better understand the allegations and injuries suffered, as well obtain a copy of the expert report by your own doctor opining that the defendants were indeed negligent.
Ultimately, it is the client’s decision on whether or not they would like to settle at certain points throughout litigation. Our job is to provide options and advice. However, the final decision to settle or go to trial will always be the decision of the client. We work hard to make sure our clients are fully informed so that we can help them make the best decision for their case.
Most medical malpractice cases in Pennsylvania take about 1 1/2 to 2 1/2 years to effectively prosecute to trial.
It takes about 3-6 months to file the complaint and have the defendants file their answer. Discovery usually takes 12-18 months and then it takes another 6 months to have the case listed for trial depending on which county the case is filed..
These are of course estimates, and each medical malpractice case is unique depending upon the complexity of the case, the number of defendants, and the number of issues involving negligence, causation and/or damages.
Be careful about lawyers extending the case for longer than it needs to be. Many lawyers are eager to sign clients, but are not as eager to push the case forward as efficiently as possible. When our offices are retained, we work hard to either settle the case or move the case forward as quickly as possible to trial.
Typically, No. There is no risk of our clients having to pay out of pocket expenses in a medical malpractice case. However, clients are responsible for reimbursing the law firm out of their portion of the recovery for any monies advanced.
We routinely update our clients of any costs advanced so that they are aware of the costs at all times. We also try to be efficient in costs and not incur unreasonable expenses which ultimately are reimbursed from the client.
It depends on the level of negligence of the doctor, as well as the severity of the harm actually suffered.
In Pennsylvania, injured plaintiffs can seek recovery for damages which include:
Pennsylvania also allows for the recovery of pain and suffering, which may include:
Pain and suffering is different with every jury. Also, how reckless the medical error is, can have a direct impact on the financial award or settlement.
The true value of any medical malpractice claim can only be determined after thoroughly analyzing the liability, the defendants, and a full understanding of the injuries. This also includes understanding the plaintiff’s background, life and family. We work hard to inform our clients of expectations based upon our thorough review, past experiences and personal relationships with our clients.
The Pennsylvania certificate of merit is a statement from another doctor agreeing that there was negligence.
In 2003, the Pennsylvania State Supreme Court approved a new rule requiring attorneys to obtain a “certificate of merit” from a medical professional establishing that there was a violation of the standard of care.
What this means is that in order to proceed in medical malpractice cases now, lawyers must have a written statement from another doctor, in the same or similar field of medicine, opining that there was negligence and that such negligence was in fact the direct cause of harm to the plaintiff.
A lawyer failing to obtain the certificate of merit cannot bring a case to trial. Certificates of merit must be obtained within sixty (60) days of the filing of the complaint. If a certificate of merit is not filed, the case can be dismissed and judgment may be entered in favor of the defendants.
Anyone considering filing a medical malpractice case in Pennsylvania needs to understand the critical importance of the certificate of merit and having a statement from another doctor agreeing that there was negligence, causation and damages.
For over 20 years, Flaherty Fardo has helped injured victims of medical malpractice claims recover significant money for their injuries.
Our efforts have helped victims in cases involving surgical errors, emergency room mistakes, misdiagnosis, failure to diagnose and lack of informed consent claims. We have extensive experience in cases against various healthcare providers including, hospitals, general surgeons, OB/GYN physicians, and emergency room staff.
We have received numerous settlements and/or verdicts in Allegheny County and surrounding counties including, Washington County, Westmoreland County, Elk County, Fayette County, and Clearfield County, Pennsylvania specifically for medical malpractice cases..
Medical malpractice claims are some of the most difficult cases to pursue, both because of the actual time incurred as well as the financial resources necessary to challenge some of the largest healthcare organizations in the state of Pennsylvania. We believe our success in prosecuting malpractice claims is a direct result of our work ethic and recognition of the importance of our client’s claims.
Yes. Our medical malpractice lawyers have developed a large access to a variety of board certified physicians to review potential cases and to help with the prosecution of medical malpractice actions when negligence exists. It is common place to contact prior experts when reviewing new or potential malpractice cases.
Because if we accept your case, we believe no one will work harder to help you.
Choosing the right medical malpractice attorney is crucial. What we offer is experienced, aggressive representation with client’s interests as our primary concern.
We believe that recovering monies for victims of medical malpractice can affect our clients and their families for the rest of their lives. We take that responsibility seriously and only commit to cases we are determined to win.
We believe we offer three advantages.
Past success does not guarantee future results, but does demonstrate our experience and knowledge as successful Pennsylvania trial attorneys.
We filed a medical malpractice lawsuit on behalf of the victim of a negligently-performed breast reduction procedure. The case also explored the continuing issue of cosmetic surgeons attempting procedures that only board certified plastic surgeons should be performing. The case was resolved for $1,250,000.00.
We represented a family in a medical malpractice case against a hospital and ER doctors for allegations of negligently misdiagnosing and discharging an emergency room patient. We passionately advocated for the family and was able to obtain a recovery in the range of $1,250,000.00.
This was a complex Pennsylvania medical malpractice lawsuit filed against various doctors and the medical practice itself, alleging negligence. Plaintiff was eventually compensated in excess of $6,300,000.00.
"Working with Noah I’ve appreciated his fair and practical approach to getting things done. He fears nothing and goes about his business professionally and effectively. His colleagues and staff are always caring and timely. I especially appreciated step by step explanations and details keeping me comfortable thru the legal events. Online documents are convenient and I will continue to call on Noah for my advice and legal needs. Thanks for all."
"I cannot say enough good things about Mr. Fardo and his handling of my legal issues. He is in constant contact letting me know of any new developments. His professionalism and tireless preparation have made a difficult time much smoother to deal with. When you truly feel as if your attorney has your best interest at heart, it becomes very easy to step back and allow them to do their job. From very early on in my meetings with Mr. Fardo, he had my complete trust. He is trustworthy, has a great command of the law and is tenacious...in short, everything I had hoped for when I chose my lawyer."
"I have used Attorney Fardo as an attorney for over 10 years for personal and professional matters. In my professional career I have had dealings with dozens of attorneys. I chose to use Noah Fardo because of his accessibility and common sense attitude. Noah advises me on many issues and is always willing to listen, understand and recommend a course of action. It's a comfort to know that I can pick up the phone and talk to noah in person whenever the need arises unlike many law firms."
"Had a small employment case, and Noah handled it with tenacity. He gave me updates about twice a week and what he said would happen in the beginning is exactly what played out. He acted as a true advocate and was worth every penny."
"I've had the pleasure of knowing Noah Fardo for more than ten years. Over time he has represented me on a number of matters. Noah is conspicuously bright and exceptionally knowledgeable. That said, his best asset is his moral compass. Noah is a genuinely good person and can always be relied upon to do the right thing for his client. I enthusiastically recommend and endorse Noah Fardo."
"Attorney Fardo was extremely knowledgeable and helpful in regards to estate planning for my grandmother. He was able to assist my family with many complex issues and saved us a substantial amount of money. I would definitely retain his legal services for other issues that may arise in the future and would highly recommend him to anyone seeking legal counsel."
"I required Noah's services for a property tax appeal as well as a shareholder labor dispute with a former company. I found Noah to be well accessible, sensitive to my needs and concerns and focused on doing what is best for me - the client. I found Noah to be very aggressive with my case while staying ethical in the process. I would highly recommend Noah Fardo and his firm."
"I have known and worked with Noah Fardo for years. He has always been extremely professional and goes the extra mile for everyone. His work ethic and passion are second to none. His firm has always kept me well informed every step of the way. I couldn't be happier with his work and I highly recommend Noah and his firm."
"Noah has not only represented me in the past, but, as a fellow attorney, I never hesitate to make referrals to Noah. He is very professional, does an excellent job, cares about his clients, and responds promptly to calls and concerns of both current clients and prospective clients."
"NOAH HAS BEEN A GREAT ATTORNEY AND FRIEND FOR THE LAST 10 YEARS. HE ALWAYS LISTENS AND IS EASY TO TALK TO. HE TREATS MY FAMILY AND I LIKE WE ARE APART OF HIS FAMILY. THE STAFF AS WELL IS ALWAYS HELPFUL AND KIND."
"I currently reside in NC, and every time I require an attorney, I find myself comparing them to Noah. PA is lucky to have him. In terms of litigation, you can't find anyone better."
"Mr. Fardo is one of the few attorneys left who properly charges you for his time. He has never overcharged me, he stays focused even though he has many cases going on at one time. His staff is very professional and knowledgeable. I would absolutely recommend Mr.Fardo to anybody."
"We were referred to Noah of which became a blessing for us. It's sometimes an uneasy feeling working with someone you don't know. Noah made us feel very comfortable and yet held that professionalism needed to give us the confidence we needed in him. He kept us informed of every aspect of the case and at times we would have never expected we would receive Emails from him. He is extremely considerate of not only the party he is representing but others as well. All of the Ratings above do not fulfill the feelings we have for Noah. If you need an Attorney, this is the Man you WANT."
"I have had three lawyers prior to hiring Mr. Fardo. He has out done each and every other lawyer I have ever had. Great knowledge and very responsive. I have been with this Lawfirm for 15 years and they have helped me with all of my business and personal legal issues. Thanks Mr. Fardo"
"My firm provides business consulting services to the healthcare space. I have referred Noah and members of his team to many clients over the years. He provides the type of personal service that my clients demand of me. I appreciate the personal services and look at his team as an extension of mine."
"Noah was referred by a long time friend. He responded quickly and made me feel supported. My personal injury case was pursued and settled to my great satisfaction. Everything about our interactions was exceptionally professional. His practice includes a team of dedicated professionals and state of the art facilities. Scheduling of depositions, record retrieval, and video conferencing went conveniently and smoothly. This was the first time I needed a lawyer; I’m glad I met Noah."
"Noah and his team are the absolute best. They took a very painful time of my life and completely made it so much better. They are very respectful of your situation and always answered questions in a timely manner. I do not know what would have happened if it wasn't for Noah. I cannot express how thankful I am for Noah and his team. There cannot possibly be anyone better!!!"
"I’ve worked with Noah for over two decades and he has represented me in multiple cases, from civil litigation, tax issues, small business matters, to my divorce. He and his staff are very approachable and provide updates throughout the process. I have always felt very comfortable and at ease knowing that Noah is a simple phone call away for any of my legal needs."
"I’ve been with Noah for over 10 years. His firm has represented myself and my three corporations over the last 10 years. He has been the best lawyer I’ve ever been a client of. The personal attention to each case I get from him and his colleagues is remarkable."
"Attorney Fardo and his staff were responsive, available and walked me through the complex legal process in a simple and compassionate way. Incredible team!"
"Working with Noah I’ve appreciated his fair and practical approach to getting things done. He fears nothing and goes about his business professionally and effectively. His colleagues and staff are always caring and timely. I especially appreciated step by step explanations and details keeping me comfortable thru the legal events. Online documents are convenient and I will continue to call on Noah for my advice and legal needs. Thanks for all."
"Couldn't have asked for a better experience. They are a wonderful group who are efficient, patient, communicative and do their job very well.They kept me in the loop the whole time and were extremely helpful. I have used a different firm in the past and this was like night and day. If you are considering using Flaherty Fardo for your assessment appeal (or likely anything else they practice) then you found what you are looking for. A special thank you to Nicole who spearheaded my case and answered my never-ending questions. Top notch!"
"'Highly Recommended' just isn't enough praise. They are by far the best I have ever worked with. Professional, but beyond that their personal touch is exactly what a medical malpractice client or personal injury client needs. Noah Fardo is amazing, but the entire firm were great to us. I honestly can't thank Bill Rogel, Nicole Hauptman Amick, and Jaclyn Gibson enough. Thank you all."
I am an out of State client, over 1500 miles away, and through the 2 years of work on my case I never met anyone from the firm in person, yet they treated me like I lived down the street from the office.
I am very pleased with the professional teamwork, and their patience and timely responses to my requests and to the task at hand. They did all they could do to help with the difficult facts of my case, and I am pleased with the outcome. I would recommend this law firm to anyone with the assurance they would offer the same quality service to them as they did to me. Thank you Flaherty Fardo.
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