Pennsylvania Medical Malpractice Frequently Asked Questions

What is "informed consent?"
Although the specific definition of informed consent varies state to state, it generally means that a physician must inform a patient of all the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient's written consent before proceeding.

If the consent form I signed prior to a procedure is valid, can I still recover malpractice damages?
Yes, you may still be eligible to recover malpractice damages; a consent form does not release from liability a physician who was negligent in performing a medical procedure. If you can establish that your physician deviated from the applicable standard of care in performing the procedure, and you were injured or suffered damages as a result, you may recover compensation. You may also have a claim that the procedure the physician performed went beyond your alloted consent, in which case the doctor may be held liable for medical battery.

Do I have a malpractice case against a doctor who prescribed a drug, without informing me it's experimental?
All physicians have a duty to inform their patients that any prescribed drugs are a part of an experimental program, and subsequently, all patients have the right to refuse to participate. Patients who have consumed experimental medication have grounds for a claim against the physician based upon their failure to obtain "informed consent" prior to treatment.

Does misdiagnosis fall under medical malpractice?
Yes. Medical malpractice is the failure of a medical provider to properly perform their duties, including the diagnosis of your condition. Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner. Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use reasonable care in treating a patient. The prescribed standard care that these medical providers owe their patients varies in different jurisdictions. However, the general rule is that they owe their patients the standard of care generally accepted by the medical profession with regard to the same or similar circumstances. If you have been injured because of misdiagnosis, you may have a claim against the medical providers who treated you. Statutes of limitation bar the filing of claims after a certain period of time has passed following the negligent act. These laws vary state to state. For more information on misdiagnosis, contact James I. Devine.

What is Pharmacist Malpractice?
Pharmacist malpractice falls into the same category as medical malpractice, in the respect that if pharmacists and pharmacy technicians fail to treat the patient with a reasonable degree of skill and care, they are guilty of medical malpractice just the same as a doctor, nurse or other health care provider. If you receive the wrong medication for your condition or wrong combination of medications and suffer damage as a result, you may have a claim either against the doctor who prescribed the medication or the pharmacist who filled the prescription. Statutes of limitation bar legal action that does not begin within a certain amount of time after the negligent act. It is important to consult with an attorney familiar with medical malpractice law if you believe that you have suffered damage as the result of a wrong prescription.

What is OB-GYN Malpractice?
OB, or Obstetrics, malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus. If you have been injured because of improper medical care, you may have a claim against the obstetrician/gynecologist who treated you. However, statutes of limitation bar the filing of claims after a certain period of time following the negligent act. Consultation with an attorney experienced in medical malpractice law could help determine the value of your claim.