Philadelphia Medical Malpractice Lawyer
Doctors and healthcare facilities do not always do their best. Sometimes, that can result in severe harm to a patient. Consult a Philadelphia medical malpractice lawyer if you believe that poor medical treatment caused you preventable harm. Our personal injury attorneys are aggressive litigators who will fight to ensure that you get the maximum compensation available in your circumstances.
How Medical Errors Can Occur
Medical malpractice is sometimes obvious, like when a surgeon operates on the wrong body part. Most medical malpractice is far more subtle and results from a medical professional being inattentive.
For example, administering or prescribing the wrong medication or the wrong dose can cause a patient substantial harm and even kill them. Failing to note something significant in a patient’s history can lead to misdiagnosis, missed diagnoses, or contraindicated treatments. Failing to order a needed test, ordering the wrong test, or misinterpreting the results can all lead to harmful consequences for the patient.
A patient can bring a medical malpractice lawsuit against licensed medical professionals like doctors, dentists, nurses, pharmacists, physical therapists, and others. Healthcare facilities like hospitals, imaging centers, outpatient surgical centers, and urgent care centers are also potential defendants in a medical malpractice suit. A Philadelphia attorney can bring a malpractice claim against any licensed healthcare professional or facility that failed to provide appropriate care and resulted in a preventable injury
Determining Whether Malpractice Occurred
Medicine is not an exact science. People can react differently to the same treatment, and a poor outcome does not necessarily mean that a healthcare provider is at fault. However, when a patient can demonstrate that a healthcare provider did not meet an appropriate standard of care, the patient may have a claim against the provider for malpractice. The appropriate standard of care is the degree of knowledge, skill, and judgment that a similarly trained healthcare professional would use in similar circumstances.
A medical malpractice attorney in Philadelphia will closely review a patient’s records to determine whether there are indications a healthcare provider failed to meet the standard of care. If they believe malpractice might have occurred, they will ask a medical expert to review the records and provide their opinion. The law at 231 Pennsylvania Code Rule 1042.3 requires a medical expert to certify that a medical professional did not meet the standard of care before the patient can proceed with a medical malpractice lawsuit.
Compensation for Medical Errors
A patient bringing a medical malpractice case must show that the provider’s failure to provide the appropriate standard of care caused them actual harm. For example, failing to diagnose an eye disease may not be the basis of a malpractice claim if the patient received a correct diagnosis and effective treatment before they experienced vision loss. Even though the original doctor made a potentially disastrous mistake, the patient did not suffer significant consequences, and so there is no basis for a medical malpractice lawsuit.
When a claimant can show that a healthcare professional’s failure to meet the standard of care resulted in actual harm to them, the claimant is entitled to compensation, usually called damages. Damages can include compensation for:
- Medical expenses resulting from the healthcare provider’s malpractice
- Incidental expenses like travel to medical appointments, home healthcare, and hiring people for tasks the patient cannot perform
- Diminished income if the malpractice prevents the patient from working
- Lost future earning capacity if the medical negligence prevents the patient from returning to work
- Emotional anguish resulting from the medical negligence
- Physical pain
- Disability
- Lost enjoyment of life
Depending on the circumstances, a patient’s family could seek compensation for the loss of their loved one’s guidance, support, and companionship.
Some states cap the amount of compensation a patient can receive in a medical malpractice case, but Pennsylvania does not. A Philadelphia attorney at our firm will be tenacious in seeking the maximum possible settlement. When the healthcare provider’s insurance company does not make an acceptable offer, we are always prepared to take a case to court and let the jury decide how much the patient deserves.
Contact a Philadelphia Attorney If Poor Medical Care Harmed You
When poor medical care causes preventable harm, the law allows you to seek compensation. These cases can be complicated, so it is important to work with an experienced and aggressive Philadelphia medical malpractice lawyer.
Unlike many firms, we never settle a case if we believe we can get more for the patient at trial. There is no fee until we win, so arrange a free consultation today.
