Pittsburgh
Medical Malpractice Lawyer

On This Page

1. How Our Pittsburgh Medical Malpractice Lawyers Can Help You With Your Case
2. Types of Medical Malpractice Pittsburgh Residents May Suffer
3. Working With Our Pittsburgh Medical Malpractice Lawyers Is Affordable
4. Pittsburgh Medical Malpractice FAQs
5. Call Our Pittsburgh Malpractice Attorneys Now for Help Today

REVIEWED BY

C. William Kenny

December 12, 2023

Board certified by National Board of Trial Advocacy

If you were seriously injured by a physician or other healthcare provider that you trusted to protect your health and well-being, our team of Pittsburgh medical malpractice lawyers at Berger and Green can help you exercise your legal rights as a victim of medical malpractice.

Our team of Pittsburgh personal injury lawyers have decades of combined experience in medical malpractice and can help you hold the negligent healthcare provider accountable for your losses. We offer free consultations for medical malpractice victims to assess their options for recovery.

How Our Pittsburgh Medical Malpractice Lawyers Can Help You With Your Case

Our attorneys can take on every aspect of your malpractice case to hold the negligent party accountable and recover what you are entitled to in damages.

We Will Determine What Malpractice Compensation You Are Entitled To

You can recover compensation for the losses you suffered from the healthcare provider’s negligence. Some damages we can help you recover include compensation for:

• Your medical bills resulting from the malpractice
• Wage losses from time missed at work
• Future lost earning capacity if the malpractice caused a chronic disability
• Pain and suffering
• Counseling and physical therapy
• In-home health aids
• Loss of enjoyment of life

The medical malpractice attorneys at Berger and Green can help you determine what damages you can recover in your medical malpractice claim. For example, if your malpractice case stems from the untimely death of a loved one due to a medical error or mishap, your family could be entitled to collect wrongful death damages. These may include:

• The damages your loved one would have received had they survived to file a medical malpractice case
• The costs of making your loved one’s final arrangements, including funeral and burial expenses
• Specific wrongful death losses your family experienced, including loss of companionship, guidance, and consortium

Our legal team will identify the range of losses you can request, how much they are worth, and which family members can file a wrongful death action.

We Will File Your Case Within the Statute of Limitations

The statute of limitations is a time limit by which we must file your case. In Pennsylvania, medical malpractice victims have two years from the date of their injury or when they discover it to file a lawsuit against a negligent healthcare provider, according to Pa. C.S.A. § 5524.

We Can Hire a Medical Professional to Testify

According to 231 Pa. C.S.A. § 1042.3, Pennsylvania medical malpractice cases require a qualified medical professional’s testimony. For a successful outcome in your claim, they basically have to say that they would have acted differently in a similar situation to show that the healthcare professional who caused your injuries was negligent.

The medical professional must review the details of your case and sign a Certificate of Merit, which you must then file no later than 60 days after the initial complaint. When you choose our firm to represent you, our medical malpractice team will ensure this filing deadline is met because it is as critical as complying with the statute of limitations.

Berger and Green will also hire this expert witness to testify on your behalf. If the medical expert who completed your Certificate of Merit is not available to testify, our medical malpractice attorneys in Pittsburgh will identify another expert to provide additional testimony in your case. 

We Will Take on Your Case at No Upfront Charge

Some medical malpractice victims worry about what it will cost to get legal help. However, the medical malpractice attorneys at Berger and Green do not charge anything upfront or out of pocket to take your case.

We understand that medical malpractice victims are struggling to pay their bills already, and we want you to have a fair chance at financial recovery without digging yourself deeper into debt. That’s why we only take our attorney fees once we win your case. 

Our payment will come from a percentage of the settlement or court award we secure for you. We can discuss these terms in-depth during your free consultation.

Types of Medical Malpractice Pittsburgh Residents May Suffer

Medicine is not an exact science. Sometimes, unfortunate things happen to patients who have received the best medical care possible.

However, all doctors and medical providers must follow a “standard of care,” meaning that they must treat their patients with the best care available and inform them of alternative treatments and possible risks within their realm of knowledge and available information.

Any healthcare provider can commit medical malpractice—not only a doctor. Depending on the circumstances, malpractice can mean:

• The misdiagnosis of a medical condition or injury
• The improper treatment for an illness or injury
• The administration of the wrong medication
• The failure to inform a patient of any and all risks involved with a treatment or procedure
• The failure to inform a patient of any and all alternative treatments for a medical condition

If you have suffered a serious injury directly caused by a physician or another healthcare provider’s negligence, you may be entitled to money and benefits for your medical bills, wage loss, and pain and suffering.

Misdiagnosis and Delayed Diagnosis

Misdiagnosis and delayed diagnosis are common forms of medical malpractice that can lead to serious harm. A misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition, while delayed diagnosis refers to a significant delay in identifying the correct medical issue. Both can prevent timely treatment, worsening the patient’s condition and sometimes leading to life-threatening consequences.

Examples of misdiagnosis include diagnosing a heart attack as acid reflux or mistaking cancer for a less severe condition. In cases of delayed diagnosis, a doctor might fail to order critical tests or dismiss early symptoms, allowing the illness to progress unchecked. These errors can lead to more invasive treatments, prolonged recovery times, or even death.

Medication Errors

One common medical error is wrong-patient medication error. This is when a healthcare professional administers a medication meant for another patient. According to the Pennsylvania Patient Safety Authority (PSA), medication errors can occur at any step of the process—from preparation to administration.

Other medication errors can include wrong dosages, wrong drugs, and adverse reactions. Doctors, nurses, pharmacists, and other professionals can be held liable if they made an error in your medication.

Birth Injuries

Birth injuries can occur when medical professionals fail to provide proper care during pregnancy, labor, or delivery, leading to serious harm to the newborn or mother. Common types of birth injuries include cerebral palsy, brachial plexus injuries, and brain damage due to lack of oxygen. These injuries may result from improper use of tools, failure to perform a timely C-section, or not addressing complications like umbilical cord issues.

When medical staff fail to recognize signs of fetal distress or neglect to follow established protocols, it can be considered medical negligence. These injuries often lead to lifelong challenges, including physical disabilities or developmental delays, requiring extensive medical care. 

A Pittsburgh birth injury lawyer can help hold negligent healthcare providers accountable for the suffering caused by birth injuries, ensuring you receive the compensation you deserve for medical expenses and emotional trauma.

Emergency Room Errors

Emergency rooms are fast-paced, high-pressure environments, but medical professionals are still required to provide accurate and timely care. Emergency room errors can involve misdiagnosis, delayed treatment, medication errors, or failure to order necessary tests. For instance, if a heart attack is misdiagnosed as indigestion, the patient may not receive life-saving treatment in time.

These mistakes can lead to serious, sometimes fatal, consequences and may be grounds for a medical malpractice claim. When ER staff fail to meet the standard of care expected in these situations, their negligence can cause unnecessary harm. A Pittsburgh medical malpractice lawyer can help you investigate the incident and seek compensation for the injuries caused by emergency room errors in facilities like UPMC, AHN, or other emergency rooms.

Surgical Errors

Surgical errors are serious mistakes that occur during or after surgery, often due to negligence by the surgeon or medical staff. Common examples include leaving surgical instruments inside the patient, or anesthesia errors that lead to severe complications. Even minor mistakes, like improper suturing, can result in infections or prolonged recovery times. 

Another type of surgical error is what’s called “wrong-site surgery.” Data from the Patient Safety Authority showed that three-fourths of wrong-site surgery errors from 2015 to 2019 resulted in harm to a patient. 

Surgical malpractice can cause lasting physical harm, emotional trauma, and significant financial burdens due to additional medical treatments and lost wages.

Working With Our Pittsburgh Medical Malpractice Lawyers Is Affordable

At Berger and Green, our Pittsburgh personal injury lawyers will fight to win a fair settlement for your injuries from insurance companies that may try to convince you to settle for the lowest possible amount.

The Pittsburgh malpractice attorneys at Berger and Green accept medical malpractice cases on an affordable, contingency-fee basis, which means that you will not pay us any money if we do not win your case.

Pittsburgh Medical Malpractice FAQs

Dealing with injuries related to medical malpractice can be overwhelming. Attempting to pursue compensation on your own is an added challenge you don’t want to endure. Our Pittsburgh medical malpractice lawyers understand that you have plenty of questions, so here are some answers to the things you want to know about medical malpractice.

What Is Medical Malpractice?

Knowing that you have a valid medical malpractice case means knowing what medical malpractice is. Medical malpractice occurs when healthcare professionals provide treatment to patients that deviates from accepted standards of care within the medical community and causes them injury.

Numerous types of healthcare professionals can be guilty of medical malpractice, including:

• Doctors
• Surgeons
• Nurses
• Hospitals
• Physical and occupational therapists
• Pharmacists and technicians
• Pharmaceutical companies

What Can You Recover in a Pittsburgh Medical Malpractice Case?

Any party responsible for injury due to medical malpractice or medical negligence can be held liable for a victim’s ensuing losses. These losses can include, but are not limited to:

• Medical expenses
• Lost wages
• Pain and suffering
• Wrongful death

How Do Lawyers Prove Medical Malpractice in Pittsburgh?

Demonstrating medical malpractice can be tricky. Patients must show that their healthcare provider or other medical professional acted negligently by violating a standard of care. These four elements must all be established to prove medical malpractice:

• Duty of care: It must first be established that a medical professional owes a duty of care to their patient. That is, they are responsible for their patient’s wellbeing within the accepted standards of care of the profession.
• Breach of duty: The physician or another healthcare provider must have breached this duty of care to their patient. Proving this will likely require testimony from another medical professional.
• Causation: The victim must prove that this breach of duty directly led to their injuries.
• Damages: The victim must also prove that their injuries resulted in damages, otherwise known as economic and non-economic losses. Examples include high medical bills and pain and suffering.

Proving negligence on your own can be challenging. However, our Pittsburgh malpractice lawyers understand how the law works and know what to do to assign liability.

What Can You Expect From Your Initial Consultation for a Malpractice Case?

On your own, it can be hard to determine whether or not your case meets the legal parameters of medical malpractice. Our medical malpractice lawyers offer free consultations and give us the opportunity to explain what your next steps should be. 

During your initial consultation, we will:

• Listen to your story with compassion and with an ear for important details
• Ask questions about your medical condition prior to your medical injury
• Ask questions about the medical professionals and facilities involved in your case
• Explain the financial recovery process and anticipated timeline of your case

Your free consultation is valuable for you and for our law firm. We get to know you and your case, and you find out how our Pittsburgh medical malpractice law firm can fight to recover damages for you. 

Call Our Pittsburgh Malpractice Attorneys Now for Help Today

If you or a loved one has suffered due to medical negligence, the Pittsburgh medical malpractice lawyers at Berger and Green are here to help. As a trusted firm serving the Pittsburgh community for decades, we understand the impact these errors can have on your life. 

We’re committed to holding negligent healthcare providers accountable and securing the compensation you deserve. With deep roots in Pittsburgh, we care about our neighbors and are dedicated to fighting for justice. Call Berger and Green today for a free consultation and let us help you fight for what is yours.