Personal Injury

Personal injury cases happen when someone is harmed through an accident or injury that wasn’t their fault, such as a workplace or automobile accident.

If an accident has impacted your life – or that of a loved one – you may be entitled to compensation if another person, company, or government agency is liable.

Medical Malpractice

Medical malpractice occurs when a patient is harmed by a doctor, nurse or other medical professional. Sometimes it’s the result of an incorrect diagnosis or treatment, but it can also happen when a medical professional fails to act at all.

Medical organizations have top legal counsel defending their interests, so it’s critical that you insist on an experienced medical malpractice attorney to take your case.

To Do List

What to do if you believe you or someone you know has been the victim of medical malpractice:

1

st
Step

Get a second opinion.

2

nd
Step

Request a copy of your medical records.

3

rd
Step

Keep a detailed log of what happened and when.

4

th
Step

Contact Phil DiLucente and his legal team as soon as you suspect you may be the victim of medical malpractice.

5

th
Step

Cut off all contact with other parties.

Stats

Medical negligence is the third leading cause of death in the U.S. Only heart disease and cancer rank higher.

Medical errors kill about 200,000 patients in the U.S. each year.

Do I Have a Case?

The staff and attorneys at Phil DiLucente & Associates will consult with you over the phone or via email to help determine if the facts of your medical care do in fact display preventable wrongdoing that merit filing for medical malpractice.

After our initial meeting, interview with you, and discussion, our attorneys will make a joint decision with you whether to initiate an investigation leading toward filing a medical malpractice suit. The patient or patient’s next-of-kin will sign an agreement hiring Phil DiLucente & Associates, setting forth payment details and the representation duties following.  

We will work with you to assemble a summary of medical care, a rough list of medical care providers, hospitalizations, and dates of treatment. We will then secure all pertinent medical records. Next, we will review and summarize these records, before having them reviewed by experts who will testify at trial. We will follow up by issuing the suit papers.

Then, we will interview the witnesses; doctors and nurses under oath at court supervised depositions, and schedule the case for trial.

Statute of Limitations

A statute of limitations is a state law that sets a limit on the amount of time a person has to file suit for damages against the responsible party. After this time frame is over, the injured person can no longer file suit.

Most statutes of limitations, as it applies to medical malpractice, last for a 2-year period, where within you may file suit.

After this two-year period, there is no legal option. 

Types of Cases

Medical malpractice cases can range anywhere from birth injury to medical misdiagnosis. Instances of emergency room negligence, surgical errors, stillbirth, and wrongful death are examples of malpractice viable for suit. In addition, situations like mistreated cancer cases, nursing home abuse, and damage to the brain are also appropriate for suit. 

If you or a loved one is curious about whether your case qualifies for suit, call Phil DiLucente & Associates now.

FAQ

If a victim of medical malpractice could not have known injury was caused until much later, then the discovery rule takes effect, beginning at the time of discovery and allowing a 2-year statute of limitations from initial discovery.

In general, it does not. A parent can file suit on behalf of their child until the child’s 18th birthday, while the child may file suit for himself or herself until their 20th birthday. However, this extended period solely applies to the damages suffered directly by the child.

It does. In virtually all cases, Pennsylvania law restricts the statute of limitations in medical malpractice suits to 2 years after the death of the injured. This rule reigns supreme except under the circumstances of the discovery rule and a child’s right to a delayed suit. Unless the hospital or physician has fraudulently or intentionally covered up the injury, the death of the injured begins a two year statute of limitations, and concludes a child’s exception to the statute of limitations.

No, it does not. No matter the patient’s illness, it does not alter the set time frame of the statute of limitations.

Contact Phil DiLucente & Associates now. Depending on your circumstances, we may advise waiting a few months to allow for the continuation of your treatment without legal concerns. In other instances, we may advise acting quickly because of legal or medical problems beyond the patient’s knowledge. Contact us now so we can determine what the best course of action is. Any delay in notifying us about your case will never be beneficial. In fact, with less than 6 months left on your statute of limitations, the vast majority of lawyers will not seriously review your case. This is because it can take about 6 months to investigate the facts, procure records, and hire professionals to review the case. Therefore, it is crucial that you gather the facts, medical providers, and treatment dates. Contact Phil DiLucente & Associates as soon as possible if you believe you have a case.

There are several pieces of information that will be of great help in progressing your case. First, we’ll need the name, age, and address of the patient. We’ll also need the names of the next of kin if it is a death case. Other pertinent information includes whether the injured patient had any related medical history, hospitalizations, prior surgeries, high blood pressure, heart disease, mental illness, diabetes, or cancer. It also important to mention whether the injured patient lost any work or was incapacitated due to the injury. Of course, hospitalization and treatment dates involved with the case will need to be obtained. You’ll need to provide the names and medical specialties of the medical providers who you think caused the injury as well as the preventable mistake you believe caused the injury. Finally, we must know the condition of the injured patient today.

When contacting Phil DiLucente & Associates for your initial consultation, you will be asked questions about the individual who was injured, details of the current medical condition of the harmed individual, and what you believe the preventable medical error was. It is critical to have as much information as possible regarding your case, for when contacting us it will be of tremendous aid in assessing the probability of helping you and answering your questions. If possible, locate the names of each doctor who administered treatment and the dates of each office visit. Our expert staff is trained in investigating these cases and will work with you to prepare your case. Do not hesitate to provide us with any information about your case, since it is important we help you immediately. We will not approach anyone about you or your case without your explicit permission and written consent.