Guidelines to sue for medical malpractice in Pennsylvania?
353714
Here is a website that contains all of the information that you will need to know.\n\nwww.mcandl.com/pennsylvania.html
537052
I read somewhere that it is.  Maybe it was someone similar issue but I wouldn't vouch for that.  Best advice from me: Call PA State and ask directly.\n\nRival
825935
see a lawyer about a malpractice suit. there is not much they can do about your body and health.
1061281
Call the clinic and ask.  By law, all medical offices must provide you with this information when asked.  They must also provide you with information regarding lawsuits against the doctors if asked!
363533
I think that this will be a helpful page for you:\nhttp://ca.dir.yahoo.com/Business_and_Economy/Business_to_Business/Financial_Services/Insurance/Commercial/Professional_Liability/Medical_Malpractice/
1064076
Try a real estate lawyer.  PA Bar Association should be able to find one for you.  \n\nIf in Eastern PA, good luck.  Flooding has only recently become a big issue for much of that region.
295640
The Bible says if we have a dispute to take it before a judge, so suing is not biblically wrong.\n\nHowever, an honest lawyer will tell you that medical malpractice cases are very difficult to win.  I would suggest returning to the doctor and explaining what is still wrong and asking him to fix it.  If he does not want to, then try calling or writing the department director, or if it is at a hospital, write or call the Patient Advocate (sometimes called the Ombudsman) or the Medical Director, they will usually get things fixed right.
386056
If you are interested in filing a medical malpractice suit, you should be aware of several things when contacting an attorney.\n\nFirst, in these types of cases the attorneys generally work for contingency fees, which means that if they think you have a good chance of winning, they will take your case, and if they don't or if they think you will not collect much, they will not take your case.  A contingency fee is a percentage of the judgement- so if you win, the lawyer will get, say 33% of what you won as her fee, plus their expenses.  The flip side of a contingency fee is that if you don't win, the lawyer does not get paid.\n\nSecond, since it has been two years since the incident, you may be out of time to file any kind of suit.  Depending on the state, the time limit (called a statute of limitations) can be different.  It might be one year, two years, four years: it just depends on your claim and the state.  A lawyer will be able to find out for you.\n\nThird, hospitals are very accident-conscious and they keep lots of records.  At the time it happened, did you sign any release forms?  You may have already signed away your right to sue them for this; hopefully you kept a copy of any paperwork they gave you.
533787
I thought that you might find this informative to say the least. It will give you a better idea of what you are dealing with, unfortunately I am willing to bet that because of the situation a lawsuit may not even be considered. Sounds as if this is not a ordinary condition such as dealing with your gall bladder or appendix. In cases where they try different things in order to fix a problem that is not common it makes it difficult to prove that there is really any negligence involved. Case in point, my brother in law had lung cancer, they treated him for pneumonia for the year before it was actually diagnosis as cancer. In the mean time it had turned to small cell lung cancer, which basically is a death sentence. He died. Now the thing was is that because he was a smoker and had smoked his whole life he had symptoms of lung disease the cancer shows up on xrays very much like pneumonia and lung disease, where they negligent, well according to the lawyers my sister talked to NO. But that doesn't mean that you shouldn't consult with a medical malpractice lawyer just to be sure. The thing that I would do is get a notebook and document everything that has happened so far while it is still fresh in your minds. Have everyone that is involved write down everything they can remember. That will help when you go to talk with the lawyer. Also don't let anyone from the hopital know that you might take action. The lawyer can and will request all information and records involved in his care. Then they have people(experts) who can really tear things apart and decipher what just went on to see if there was medical malpractice.\n\nhttp://www.nlm.nih.gov/medlineplus/ency/article/000068.htm\n\n\nAlso upon reading that article above from the link, a collapsed lung is not an uncommon thing with this condition. That I am sorry to say. Meaning, it can happen spontaniously without any trauma but just because of what is going on. Sounds like you are in for a tough time. I am truly sorry for your family and brother. My prayers will be with you.
601283
http://64.233.187.104/search?q=cache:8JiRXq8514oJ:www.judiciary.state.nj.us/prose/pscivcomp.pdf+%22jury+demand%22+complaint+personal+injury+court+negligence&hl=en&gl=us&ct=clnk&cd=1&lr=lang_en
288602
I would take all the information you've collected to your medical doctor, to document...\n\nThen, if there is a need for a lawsuit later, everything you say can be substantiated...\n\nGood Luck!
968526
Registered Nurse here; Well I dislike the sound of my own advice.  However if your condition is truly a result of blood being drawn, you best avenue is to SUE, this is malpractice, and people in health care must be held accountable when they make mistakes.  As for the physician, he or she should not try to avoid the error and should address it with you open and honestly.  You should not have to pay for any of your surgeries related to this error, nor should your insurance company.  I strongly advise you to seek an attorney that specializes in malpractice.  Also you may want to consider getting another physician, if you feel they are not treating you with dignity, respect and cognitive of care that your entitled to.
16058
As usual with legal-related questions on Yahoo! Answers, too little information exists to answer this question adequately.  You need to hire a medical malpractice attorney.  Contact one in your area and speak with him about your situation.  Malpractice for failure to diagnose is a more difficult case to win that malpractice for action, but it's possible.  A medical malpractice attorney will hear what you have to say and evaluate the likelihood of success for your case.
669521
You don't want to file a lawsuit. You want resolution of the situation. Document what has been done, put in chronological order and attach a letter asking for investigation. CC the heads of appropriate agencies, and perhaps the local DA or head of Family Court as well as the Judge in your case.\n\nBEFORE you send this out, take it to a civil (generalist)  lawyer, pay his hourly rate and ask him to edit /rewrite in better language.  It's your letter, he isn't representing you, simply assisting you in dealing with others.\n\nSuing a state is like nailing jelly to a tree.  Instead,  take some steps that outline the negligence of the state, your attempts to fix and be persistent and polite.
447282
What state you are in matters.  Some states have limits on damages, some may have guidelines.  Some may have options others dont.\n\nGenerally, however, provided you prove negligence:  You can be compensated for all your medical expenses, any actual losses, including time lost from work and any other expenses reasonably related to your condition (i.e. a nurse, housekeeper, transportation, etc).  \n\nYou can also receive damages for your future lost wages and expenses.  These will be adjusted down if paid in a lump sum to account for interest you will be earning, then adjusted back up for inflation.  These are harder to estimate and prove.  You should have an attorney figure this out.\n\nYou may also be entitled to pain and suffering and quality of life damages.  This is really hard to prove, and can be a completely random amount, although the court will likely adjust it to a reasonable amount, if necessary.\n\nYour recovery will be adjusted (depending on your state) by any amount that your negligence is found to have contributed to the accident.  Generally, the percentage of responsibility on you is the percent less of the damages you will receive.\n\nAlso, while any assistance your insurance (if any) may have given, your insurance company will want to be reimbursed for what they paid.\n\nIf you prove recklessness, or that they hit you while breaking the law, you may be entitled to punitive damages, which can be as high as 9x your actual damages.\n\nDid I mention you should hire an attorney?
157880
In order to win a malpractice claim or "get your money back" it is not enough that you lost your case when you thought you would win it.  Rememebr, there was always another side that thought they would win too.\n\nYou don't say whether this was a criminal or civil trial.  You can always seek another attorney for an appeal (but do it quickly.) It will cost you though, unless you qualify as a criminal defendant for a public defender.  If so, ask for another is you don't have one.
22290
That all depends on the state, since each state is responsible for licensing their own physicians. The source below has a form to search for malpractice claims against Oregon physicians, for instance. Find the website for your state's licensing agency and they may very well have such an ability as well.