Medical Malpractice Lawyer in Philadelphia, PA

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. 

Get in Touch with Medical Malpractice Lawyers at HGSK Law Firm in Philadelphia

If you think that you or a loved one has been a victim of medical malpractice, you need to hire experienced medical malpractice lawyers to get a fair settlement. HGSK Law firm has been around for the past four decades, representing individuals and families who have suffered injuries due to medical malpractice.

We represent people (not corporations) and handle each case with the importance it deserves. Whether it was a wrong diagnosis or informed consent, we can guide you through the complex legal process until you get compensation. We extend our services in Philadelphia, Reading, Eastern Pennsylvania, Allentown, Bethlehem, Harrisburg, Holland, Hazleton, Lancaster, Lower Bucks, and County Lehigh Valley.

Contact us today at (267) 494-6503 for a free consultation.