Medical Malpractice Attorneys In Philadelphia, PA
The medical malpractice lawyers in Philadelphia at Haggerty, Goldberg, Schleifer & Kupersmith, P.C. have years of experience representing victims of medical malpractice in Philadelphia and the rest of Eastern Pennsylvania.
Our medical malpractice lawyers have experience handling a variety of medical malpractice cases which include birth injuries such as cerebral palsy, wrongful death, misdiagnosis, serious injury due to a medical professional’s negligence, and more.
If you believe you or a loved one has been the victim of medical malpractice in PA, you may be entitled to compensation.
But first, it’s important to understand what type of healthcare professional medical errors are considered medical malpractice.
What Constitutes Medical Malpractice?
Medical malpractice refers to the action of a physician, nurse, or another healthcare specialist which constitutes a deviation from the accepted medical standard of care. Medical malpractice may occur anytime a medical practitioner does not follow standards of care, whether it’s in an office, hospital, or nursing home.
Thousands of individuals die and/or suffer from permanent, disabling, or catastrophic injuries every year as a result of medical practice.
If you have been a victim of medical malpractice, our Philadelphia medical malpractice lawyers at Haggerty, Goldberg, Schleifer & Kupersmith, P.C. can help you take legal action.
How Do I Prove I’ve Been a Victim of Medical Malpractice in Philadelphia?
In order for you or a loved one to have a legitimate medical malpractice case, we will have to be able to prove that the medical provider did not provide an accepted standard of care.
You also must have a medical professional act as an expert witness on your behalf, who can attest to the medical negligence.
Additionally, you must ensure that you are within the scope of your state’s medical malpractice statute of limitations guidelines. Personal injury laws vary across the country – so the guidelines in New York City, New York or Orlando, Florida could differ from that here in Pennsylvania.
The Law Offices of HGSK will be able to investigate your medical malpractice case and help uncover any evidence that may be beneficial. Call today for a free case evaluation with one of our medical malpractice attorneys for cases such as:
- Failing to timely diagnose cancer and other diseases or medical conditions.
- Prescribing incorrect medications.
- Improperly delivering a baby.
- Failing to provide appropriate treatment in a surgical or emergency room situation.
- Failing to provide appropriate post-surgical care.
- and more…
How is Medical Malpractice Proven?
Doctors help us during our lowest moments in life. We generally trust them to provide quality, attentive and competent care. However, doctors sometimes abuse that trust, and you or a loved one can be harmed during treatment. It is hard to imagine your condition worsening, let alone getting injured in a care setting.
Alleging that medical malpractice occurred is one thing, but proving that is the case is different. Multiple conditions must be met for medical negligence to be established as malpractice.
To prove that medical malpractice happened, you’ll need to show the following:
- Physician-patient relationship.
- You’ll need to prove that you consulted the doctor and that the physician agreed to provide treatment. If the physician was directly providing treatment to you, it is easy to establish a relationship. However, it may be more complicated if the doctor offers a consultation with another care provider.
- The physician was negligent.
- Simply because your condition has not improved or you didn’t get the results you anticipated doesn’t mean medical malpractice occurred. You must prove the doctor was negligent in your diagnosis or treatment. This implies that you need to show that the doctor caused your injuries in a way that a competent care provider would not in a similar situation.
Remember that doctors are also not supposed to be perfect but reasonably skillful and careful. Determining whether the physician was reasonably careful and competent is often at the heart of medical malpractice lawsuits.
- The doctor’s negligence caused harm.
- Since patients seek medical attention when they’re already injured, proving that the doctor’s negligence led to the injury is crucial.
For instance, if a patient dies after surgical treatment of a malfunctioning organ, and the doctor did something negligent, it can be challenging to prove that surgical errors and not organ malfunction caused the death.
Hence, you must prove that it is more likely than not that the physician’s incompetency directly contributed to the death.
- The harm contributed to other specific damages.
- You can prove that the doctor was not reasonably careful and skillful. However, if the patient did not suffer direct injury from the negligence, you may not be compensated for the harm.
What are Common Types of Medical Malpractice?
Various situations can lead to medical malpractice. However, most malpractices fall under one of the following categories:
- Failure to diagnose.
- If a competent physician would make the correct diagnosis leading to a better outcome than the one achieved, you can consult your medical malpractice lawyers to file a claim.
- Improper treatment.
- If a doctor provides a treatment that another competent doctor would not have used or provides partial treatment, you can consult your legal team to file a malpractice claim.
- Failure to warn patients of known risks.
- All patients have a right to decide whether they want a medical procedure done. Physicians have a duty of informed consent. The doctor may be liable for medical malpractice if a well-informed patient would not have chosen a surgical procedure.
Medical Malpractice Frequently Asked Questions
What are Pennsylvania Laws on Medical Malpractice?
Under Pennsylvania law, there is a two-year statute of limitations for most medical malpractice claims. This means you have two years from the date of the alleged malpractice to file a claim.
However, there are some exceptions to this rule, so it is essential to consult with an attorney as soon as possible to ensure your claim is filed on time.
Can I Sue a Doctor for Medical Negligence?
Yes, you can sue a doctor for medical negligence. However, it is important to remember that not all medical errors constitute negligence. To have a successful claim, your medical malpractice lawyers must prove that the doctor breached the applicable standard of care and that the doctor harmed you due to that breach.
What to Look For in a Medical Malpractice Attorney in Philadelphia, Pennsylvania
When choosing a medical malpractice attorney in Philadelphia, Pennsylvania, selecting a legal team with experience handling these types of cases is crucial. The law firm should also be familiar with the applicable laws and be able to explain the process in a way you can understand.
Handling All Aspects of Medical Malpractice Claims
Our Pennsylvania personal injury lawyers have the experience and resources required to handle all aspects of medical malpractice claims. This is largely because many of them once represented insurance companies in the past. As passionate and relentless advocates for injured victims, we utilize this knowledge to hold negligent medical professionals responsible for malpractice.
Medical negligence is one of our top practice areas, and with our strategic help, you may be able to obtain the compensation you need and deserve for medical care and your pain and suffering.
If you are in need of knowledgeable legal advice, contact the law firm of HGSK today for a free consultation.
We handle the following kinds of medical malpractice cases:
- Amputations
- Brain injuries
- Delayed Diagnosis
- ENT errors
- Emergency Room Care
- and more…