According to the Institute of Medicine of the National Academy of Sciences, less than one percent of all doctors in America will face any serious medical malpractice claims each year.  However, in another recent study, the Institute also found that approximately 98,000 patients in the United States are injured or killed annually as a result of medical errors.

In general, medical malpractice can be defined as professional negligence, by either failing to act or acting in a manner that deviates from a standard of care.  Though the vast majority of medical malpractice claims are brought against surgeons, nearly all health care professionals can be held liable for medical negligence resulting in personal injury or death.  

Furthermore, there are also a number of medical mistreatments leading to injuries which can be considered malpractice, including:

Failure in diagnosing a disease
Improper use of medical devices
Error in prescribing medication or drugs
Failure to correctly treat a disease or condition
Blunder occurring during a surgery or medical procedure
Failure to obtain patient’s permission prior to performing an operation (informed consent)

In Pennsylvania medical malpractice claims, there is a limited amount of time in which to file a claim.  However, this time period does not usually begin to run until the victim discovers the injury, or reasonably should have discovered the injury.

Medical malpractice cases in Pennsylvania can oftentimes be complex, with multiple parties possibly sharing in the liability (doctors, hospitals, other medical personnel, medical device/equipment manufacturers, etc.)

In almost all medical malpractice cases, the use of expert testimony is vital to success.  Typically, the expert is another doctor in the same or similar field of the doctor that is accused of committing the medical malpractice.  The expert’s role is to testify as to the standard of care, and how the doctor being sued deviated from that standard of care.  

Though nearly any and all health care professionals are susceptible to a malpractice suit, Pennsylvania does maintain a Good Samaritan Statute.  This law effectively gives doctors and nurses who were called to the scene of emergency medical situations some immunity from malpractice claims.

Each year, more than 1,000,000 people in the U.S. are involved in a slip and fall accident.  Slip and fall cases are generally centered on premises liability claims, and are the third largest cause of injuries in the workplace

Slip and fall incidents can be attributed to a number of different hazards.  Some of the most common of these dangerous conditions are sudden changes in the heights of surfaces, slick surfaces, an uneven rise of steps, inadequate lighting, and icy or wet conditions.

In general, liability in a slip and fall case rests in the occupier of the property where the unsafe condition exists.  This does not necessarily limit responsibility to the owner, but can also hold tenants, those in control of the property, and those controlling activities taking place on the grounds liable as well.  Those in control of a property have a duty of care to all those invited onto their property, and are responsible for any reasonably foreseeable dangers.

In order to reduce the chances of an injury, or a slip and fall lawsuit, certain steps should be taken by any property owner.  This includes a proper inspection plan and maintenance system, as well as a means of warning the public of hazards.

If a slip and fall injury does occur, there are a variety of forms of compensation which may be available.  This includes compensation for pain and suffering, loss of income, reimbursement of medical expenses, loss of life’s enjoyment, and any other resultant out of pocket expenses.

Expert witnesses and scientific analyses sometimes play a large role in slip and fall claims.