When Does Medical Malpractice Become Catastrophic?

Expert witnesses in Catastrophic Injury Case

Medical malpractice can leave patients and families facing consequences they never expected. When a healthcare provider’s error causes harm so severe that it affects a patient’s daily life, work, independence, and future plans, the patient may have a valid catastrophic medical malpractice claim against the medical professionals responsible for the injuries.

What Is Considered Catastrophic Medical Malpractice?

Catastrophic medical malpractice refers to a medical error that causes a patient severe, lasting harm. A catastrophic injury due to medical malpractice may permanently affect a patient’s body, mind, ability to work, or ability to care for themselves.

This long-term impact is the critical difference between minor and catastrophic harm. While a minor injury may require additional treatment, the recovery period is typically shorter, and the pain is temporary. A catastrophic injury, on the other hand, may create long-term or permanent disability, life-altering medical complications, and the need for lifelong care or assistance. The severity of the outcome can affect the damages available and the evidence needed to support a catastrophic medical malpractice claim.

Common Types of Catastrophic Injuries Resulting from Medical Malpractice

Injuries that permanently affect a patient’s health, mobility, cognition, or independence may give rise to catastrophic medical malpractice claims. Common examples of these injuries that require long-term, significant changes to a patient’s daily life include:

  • Traumatic brain injuries from delayed diagnosis, delayed treatment, or healthcare providers’ failure to respond to worsening symptoms
  • Spinal cord injuries that cause partial or complete paralysis
  • Preventable stroke or oxygen deprivation that leads to lasting brain damage
  • Surgical errors that result in amputation or the permanent loss of function in a limb
  • Birth injuries that cause permanent disability, developmental delays, or lifelong medical needs

If you or a loved one suffered any of these or other catastrophic injuries due to medical negligence, our malpractice attorneys can help seek compensation for all the damages you have sustained.

How Medical Errors Lead to Catastrophic Outcomes

When medical errors prevent a patient from getting timely care, expose them to unnecessary harm, or allow a serious condition to get worse, treatable conditions can turn into permanent injuries. Some typical causes of catastrophic medical injuries include:

  • Misdiagnosis or delayed diagnosis, which may allow infections, strokes, cancer, or other dangerous conditions to progress
  • Surgical mistakes, including wrong-site surgery, anesthesia errors, or accidental damage to the patient’s organs, nerves, or blood vessels
  • Medication errors, such as giving the patient the wrong drug, the wrong dose, or a medication that causes a dangerous interaction
  • Failure to monitor a patient after surgery, during labor, or while they’re in critical condition
  • Emergency room negligence, including delayed testing, premature discharge, or failure to recognize a patient’s urgent symptoms

When to Speak with a Medical Malpractice Lawyer

If you suffered catastrophic harm as a result of a medical provider’s avoidable error, you may have a valid claim and be entitled to compensation for the harm you’ve suffered. The catastrophic medical malpractice attorneys at Eisenberg Winkler Jeck Shwartz Schoenhaus & Sherry, P.C. can help you understand your legal options. Our Philadelphia firm focuses exclusively on catastrophic injury cases, and our experienced trial attorneys are prepared to fight for the full compensation you deserve.

For life’s toughest trials, turn to Eisenberg Winkler Jeck Shwartz Schoenhaus & Sherry, P.C. Contact us right away to arrange a free consultation.

Joshua B. Schwartz is a shareholder and Philadelphia personal injury attorney at Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry. Joshua has nearly 20 years of legal experience focusing exclusively on the representation of the catastrophically injured in medical malpractice, product liability, childhood sexual abuse and other complex personal injury matters. He helped obtain numerous seven figure and eight figure resolutions in medical malpractice and other catastrophic injury cases including what is believed to be one of the largest medical malpractice settlements in Pennsylvania history at $54,000,000.00. He also helped obtain the $2.46 billion Boy Scouts of America sexual abuse settlement, one of the largest sexual abuse settlements in U.S. history. Mr. Schwartz received his Bachelor of Arts degree in Communication Arts and Sciences with a concentration in Rhetorical Theory from The Pennsylvania State University and his law degree from Widener University School of Law. He is committed to the advancement of the next generation of lawyers, having served as the past Chair of the Future Leaders Section of the Pennsylvania Association for Justice and the Philadelphia Trial Lawyers Association. He currently serves as an Officer (Secretary) and Board Member of the Philadelphia Trial Lawyers Association and Board Member of the Pennsylvania Association for Justice.