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Medical Malpractice: What it is and How to Seek Justice

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Estate Planning
 

Medical Malpractice: What it is and How to Seek Justice

December 7, 2023
BY: jordan

Probate is a critical legal process that follows the passing of a loved one, ensuring their assets are properly distributed to beneficiaries or heirs. In Pennsylvania, probate follows specific procedures and laws that must be adhered to. This step-by-step guide will shed light on how probate works, demystifying the process for those facing the complexities of estate administration.

Step 1: Initiating Probate

The probate process begins by filing the decedent’s Last Will and Testament with the Register of Wills in the county where they resided at the time of their passing. If there is no will (intestate), the court will appoint an administrator to oversee the estate.

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Step 2: Notification and Inventory

The appointed executor or administrator must notify all interested parties, including heirs and creditors, of the probate proceedings. An inventory of the decedent’s assets, including real estate, bank accounts, investments, and personal property, must be prepared and filed with the court.

Step 3: Payment of Debts and Taxes

Outstanding debts and taxes, including federal and state estate taxes, must be paid from the estate’s assets. The executor must ensure all debts are satisfied before distributing assets to beneficiaries.

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Step 4: Asset Distribution

After debts and taxes are settled, the remaining assets are distributed to beneficiaries according to the decedent’s will or the state’s intestate succession laws if there is no will. This process involves transferring titles, selling property, and ensuring a fair distribution.

Step 5: Final Accounting and Report

The executor is responsible for preparing a final accounting of the estate’s transactions, including all income, expenses, and distributions. This report is submitted to the court for approval.

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Step 6: Closing the Estate

Once the court approves the final accounting and distribution plan, an order to close the estate is issued. The executor is then discharged from their duties.

Step 7: Estate Administration Fees

In Pennsylvania, estate administration fees, known as probate fees, are charged based on the estate’s value. It’s important to understand these fees and how they impact the estate.

Navigating the probate process can be challenging, especially during a time of grieving. I have extensive experience in estate administration and probate matters in Pennsylvania. I’m committed to guiding families through this complex process, ensuring that the wishes of the deceased are respected and that assets are distributed efficiently and fairly.

If you are facing the probate process, don’t hesitate to seek legal counsel. I can help provide the support and expertise needed to navigate probate successfully, ensuring that your loved one’s legacy is preserved according to their wishes.

*Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. The information contained herein may not apply to all situations and may not reflect the most current legal developments. Individual circumstances vary and legal interpretation may change due to differing local, state, or federal laws and regulations. Therefore, this information should not be relied upon as a substitute for legal advice from a licensed attorney. Always consult us directly for advice regarding your individual situation. Use of this site and reading this blog post does not establish an attorney-client relationship between you and Paul Walker Law.

Medical malpractice is a distressing issue that affects countless individuals across Pennsylvania. When healthcare professionals, who are entrusted with our well-being, make mistakes or act negligently, the consequences are devastating. In this blog post, we’ll explore what medical malpractice is, common scenarios, and steps you can take to seek justice if you or a loved one has been a victim of medical negligence.

What is Medical Malpractice?

Medical malpractice is a legal concept that holds healthcare providers accountable for negligence or substandard care that results in harm to a patient. This can take various forms, including misdiagnosis, surgical errors, medication mistakes, birth injuries, and more. To establish a medical malpractice case, certain elements must be present:

  • Duty of Care: The healthcare professional owed a duty of care to the patient, which is a standard of expected competence and professionalism.
  • Breach of Duty: The healthcare provider breached this duty through actions or omissions that deviated from the accepted standard of care.
  • Causation: The breach of duty directly caused harm or injury to the patient.
  • Damages: The patient suffered quantifiable damages, such as physical pain, emotional distress, medical expenses, or lost wages.

 

Common Types of Medical Negligence 

Medical malpractice can encompass a wide range of scenarios, including:

  • Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to correctly diagnose a medical condition or delays the diagnosis, leading to worsened health outcomes.
  • Surgical Errors: Mistakes made during surgery, such as wrong-site surgery, leaving surgical instruments inside a patient, or anesthesia errors.
  • Medication Errors: Incorrect prescription, dosage, or administration of medications, resulting in adverse reactions or harm.
  • Birth Injuries: Injuries to infants or mothers during childbirth due to medical negligence, such as cerebral palsy or Erb’s palsy.
  • Hospital Infections: Infections acquired in hospitals due to inadequate sanitation and hygiene practices.

 

Seeking Justice for Medical Malpractice

If you suspect you or a loved one has been a victim of medical malpractice, here are steps to consider:

  1. Consult an Attorney: Seek legal advice from an experienced medical malpractice attorney like myself who can assess your case’s merits.
  2. Gather Medical Records: Collect and organize all relevant medical records, bills, and documentation related to your treatment.
  3. Expert Review: If you hire our firm, we may consult medical experts to evaluate the standard of care and determine if negligence occurred.
  4. Negotiation: We may engage in negotiations with the healthcare provider’s insurance company to seek a fair settlement.
  5. Litigation: If a settlement is not reached, we may file a lawsuit on your behalf.
  6. Trial: Prepare for a trial, where your case will be presented before a judge and jury.
  7. Resolution: The case may be resolved through a court judgment or a settlement agreement.

Medical malpractice cases can be complex and emotionally challenging, but seeking justice is essential not only for your well-being but also for holding healthcare providers accountable and preventing similar incidents in the future. I understand the unique nuances of medical malpractice in Pennsylvania and am dedicated to helping victims and their families navigate these difficult situations.

If you believe you have a medical malpractice case, don’t hesitate to reach out, as I can help provide the guidance and support you need on your journey to seeking justice.


*Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. The information contained herein may not apply to all situations and may not reflect the most current legal developments. Individual circumstances vary and legal interpretation may change due to differing local, state, or federal laws and regulations. Therefore, this information should not be relied upon as a substitute for legal advice from a licensed attorney. Always consult us directly for advice regarding your individual situation. Use of this site and reading this blog post does not establish an attorney-client relationship between you and Paul Walker Law.