Skip to content
Free Initial Consultations
Call Us Today (570) 505-3015
The Waffenschmidt Law Firm, LLC Logo
Schedule a Free Consultation
  • About
  • Practice Areas
    • Car Accident
    • Truck Accident
    • Motorcycle Accident
    • Drunk Driving Accident
    • Rideshare Accident
    • Wrongful Death
    • Bike Accident
    • Personal Injury
    • Slip-And-Fall Injury
    • Traumatic Brain Injury
    • Premises Liability
    • Dog Bite
    • Workers’ Compensation
    • Legal Malpractice
    • Mediation
  • Testimonials
  • Video Center
  • In The News
  • Settlements & Verdicts
  • Blog
  • Contact

The elements of a medical malpractice lawsuit

Williamsport Personal Injury Lawyer  >  South Williamsport Personal Injury Blog  >  The elements of a medical malpractice lawsuit

June 10, 2019 | By The Waffenschmidt Law Firm, LLC
The elements of a medical malpractice lawsuit

When Pennsylvania residents take legal action against negligent hospitals or doctors that have caused them harm, the success of their medical malpractice lawsuits hinge on their ability to establish two key elements. The first is proving that the doctors who treated them or the medical facilities where they were treated acted in ways that did not meet generally accepted industry standards. Patients then have to show that their injury, loss or damage was caused directly by this substandard care.

Proving that the treatment they received failed to meet commonly accepted health care standards is often a straightforward process for medical malpractice plaintiffs. Specialists could testify that an undiagnosed serious disease would have likely been detected if doctors had ordered the proper tests, or convincing a jury that a surgeon made an error may be done by showing X-rays or MRI images that depict foreign objects left in a patient’s body.

Establishing that such errors were the direct cause of injury, loss or damage is usually far more challenging. This is because medical science is highly objective, and even experienced doctors may disagree on the best way to treat a patient. Proving causation can be especially difficult when malpractice cases are based on a missed diagnosis. In these situations, the jury may determine that the plaintiff’s outlook would have been bleak even if the doctor involved had ordered the appropriate tests and interpreted the results correctly.

Experienced personal injury attorneys may seek to settle medical malpractice lawsuits at the negotiating table when causation could be difficult to prove. The checks in these cases are usually written by insurance companies, and damages are often high. This means that medical malpractice defendants may be eager to avoid the risks of a jury decision even when their arguments seem compelling.

Contact

Name(Required)
This field is for validation purposes and should be left unchanged.
  • Camp Lejeune
  • Mediation
  • Bicycle Accidents
  • Motor Vehicle Accidents
  • Dog Bites
  • Drunk Driving Accident
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury

A Reputation Of Success

Our experience and results have continually won respect and repute within the legal community, and attorneys throughout Pennsylvania routinely refer cases to us.

We offer free initial consultations and work on a contingency basis. This means that we never collect any lawyers’ fees unless we secure the compensation and/or benefits that you and your loved ones need and deserve.

To get in touch with an attorney at our firm to schedule a free initial consultation, call (570) 505-3015 or contact us online.

Name(Required)
This field is for validation purposes and should be left unchanged.

Providing Legal Service Near you

Our Office
811 S Market St,
Williamsport, PA 17702
(570) 505-3015
(570) 505-3569
The Waffenschmidt Law Firm, LLC Logo
  • Practice Areas
  • About
  • Testimonials
  • Settlements & Verdicts
  • Blog
  • Video Center
  • In The News
  • Contact Us
© 2025 The Waffenschmidt Law Firm, LLC | Sitemap