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What are the 4 things that must be proven to win a medical malpractice suit?

It may surprise you to know that medical malpractice is the third leading cause of death in the U.S., according to Johns Hopkins.

This accounts for at least 250,000 deaths a year, although the patient safety journal claims the number could rise to 500,000. This leads to a high number of medical malpractice cases, and in order for patients to win a medical malpractice suit, they must contact medical malpractice attorneys in Pittsburgh.

Pittsburgh medical malpractice lawyers have a lot of experience handling such cases. They will help you prove these 4 things—breach, duty of care, causation and damages—in order to win a medical malpractice suit.

How Long do I Have to File a Medical Malpractice Claim in Pittsburgh?

The statute of limitations in Pittsburgh gives victims of medical malpractice a period of 2 years from the date the injury occurred to file claims.

Medical Malpractice Lawsuits in Pennsylvania usually take a period of months to years to settle depending on the factors that affect the case

The Most Common Medical Malpractice Claims

The most common medical malpractice claims are as follows:

Failure to treat

Failure to treat a patient is a violation of standards that the caregiver accepts when taking on some patients according to the western journal of emergency medicine. This negligence is one of the major causes of malpractice claims.

Some examples are as follows:

  • Failing to give the patient proper instructions to follow up
  • Releasing a patient too soon before they are well enough
  • Failing to consider a patient’s medical history when prescribing treatment and medicine

Misdiagnosis or delayed diagnosis

A lot of filed malpractice claims are related to an incorrect or late diagnosis. An incorrect diagnosis may result in the patient receiving unnecessary treatment or not receiving timely treatment. A misdiagnosis may also be caused when a doctor fails to:

  • Recognize the symptoms and clinical signs
  • Recognize that the patient is in critical condition and refer them to a specialist
  • Order some more tests or seek more information

Prescription drug errors

The mistakes that involve prescription drugs can cause allergic reactions or, much worse, loss of life. The following are the types of prescription drug errors:

  • Prescribing the wrong medication to treat the patient.
  • Prescribing an incorrect dosage to the patient, which may lead to paralysis or death.
  • Failing to recognize potentially dangerous drug interactions or allergic reactions.
  • Failing to realize signs that a patient may be a drug addict or overdose which may lead to loss of life.

Child birth injuries

Injuries that happen during or after childbirth can have some catastrophic results. These injuries can be caused by:

  • The improper use of forceps or too much force when removing a baby from the birth canal.
  • The umbilical cord wrapped around the baby’s nose, neck, or mouth.
  • The failure to recognize fetal distress
  • The failure to perform a C-section on time
  • Shaking, dropping, or mishandling the baby during or after birth.

Surgical or procedural error

Sometimes, even in surgeries, there may be errors; even though emergency rooms are often filled with professionals, mistakes do happen. Some of the mistakes that may occur during surgery are as follows:

  • Perfoming surgery on the wrong part of the body
  • Perfoming the necessary surgery on the wrong patient
  • Surgical tools such as gauze or other medical devices are left inside the patient.
  • Failure to follow the proper medical practices before, during, or after surgery.


Benefits of Having An Experienced Lawyer on Your Side

An experienced medical malpractice attorney is very important because they will have a deep understanding of the intersection between medical circumstances and the law. They will also have a good track record to speak for them, so it will be easy for them to help you gather evidence to prove medical negligence.

An experienced medical malpractice attorney will fight for you and help you win the case and get the settlement you deserve so you can cover some medical expenses, afford proper medical treatment, make up for lost wages, and still afford to live a quality life.

The 4 Things You Must Prove To Win A Medical Malpractice Claim Are

When a medical malpractice lawsuit has been filed, the victim of medical malpractice, with the help of other medical professionals and a lawyer, will have to prove the following elements of negligence in order to win the claim:


The patient’s number one duty is to prove that medical error caused their injury. The doctor’s office may try to deny that they caused the injury, they may try to claim that you suffered the injury from a pre-existing condition or that the injury was likely to happen anyway regardless of them being in the picture.


The patient also has the duty of proving damages, for example, if there are body injuries due to the medical errors suffered under the negligent doctor. They also have to prove other damages, such as lost wages due to missed work, cost of medical bills, and loss of enjoyment of life.

3.Duty Of Care-Negligence

There is doubt that when there is a doctor-patient relationship, the medical professional assumes the duty of care. They must act reasonably and make sure you are getting proper treatment. As a victim of medical malpractice, you must prove negligence through medical records.


You must also prove that your doctor breached their duty. This may be a bit complex to prove, as it is a detailed analysis that should show what your doctor did and compare it to what another medical professional would have done under the same circumstances.

Why You Should Choose J.P Ward And Associates To Handle Your Case

We are a team of experienced Pittsburgh medical malpractice lawyers who have won many cases for clients. Our firm takes a personal but professional approach to helping clients get the justice they deserve. At J.P. Ward and Associations, we fight for the working class in Pittsburgh against predatory businesses and for employees against workplace discrimination.

If you or your loved one have been a victim of medical malpractice and you want to file a medical malpractice case or have questions, contact J.P. Ward and Associates today to schedule an appointment.