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It’s well-known that doctors, nurses, and medical staff can make mistakes just like any other professional. But unfortunately, when they occur, they can have dire consequences on a person’s health and well-being. While some mistakes made by medical professionals are unavoidable, there are still many others that may have occurred due to negligence.
When this happens, patients and their families have the option to pursue a medical malpractice suit to address their suffering as well as any costs that are needed to treat or remedy the incident. If you or a loved one has been the victim of an act of medical malpractice or you need help determining if you have a case, contact PhillyLaw for a free consultation.
What Is Medical Malpractice?
Medical malpractice, as defined by the law, is any action (or lack of action) that results in injury to their patient and is considered by the medical community to be outside the norm. For example, if a surgeon operates on the wrong body part, a doctor fails to diagnose a serious illness that another competent physician would have identified, or a nurse administers the wrong medication dosage, these could all be considered acts of medical malpractice. The defining factor is a deviation from accepted medical standards which harm that could have been prevented with proper care.
How Do You Know if You Have a Medical Malpractice Case?
While it can be hard to know at first whether or not your injury or illness was caused by medical malpractice, there are often signs that may indicate it. Here are a few of the more common ones:
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Your doctor failed to give reliable testing or ignored the results: An act of medical malpractice is not always an obvious act of poor procedure; it can also take the form of a silent lack of action or communication. If you have made your symptoms known and your doctor failed to give you tests or follow up on them, this can result in your condition progressing and your treatment being ineffective later on.
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Your doctor failed to inform you of a diagnosis, treatment options, or a procedure: Even in situations where a clear diagnosis is made, some doctors may fail to explain all of your options for treatment, which prevents your right to decide on your own. In other situations, a doctor may perform a procedure that you did not agree to.
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Your treatment or procedure failed: Even when you consent to a procedure, you have a right to know if that procedure failed or if the doctor or medical staff made a mistake while performing it. If your symptoms are worse following the procedure, it may indicate that negligence was at play.
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There was no follow-up: Whether you are waiting to hear back about a diagnosis, or you are trying to contact your doctor regarding a recent procedure or treatment, your doctor has a duty to follow up to prevent your condition from getting worse.
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The medical facility was understaffed: A shortage of medical professionals does not excuse acts of neglect. If your appointment or procedure felt rushed and your condition worsened as a result, you may have a case for medical malpractice.
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The patient died suddenly: Sadly, many medical malpractice cases result in the death of the patient due to a negligent act by the doctor or medical staff. In these cases, family members often have the right to file a wrongful death case on their behalf.
What Kind of Evidence Do You Need in a Medical Malpractice Case?
There are many pieces of evidence that you may be able to use to help show that you or a loved one was the victim of medical malpractice. Some types of evidence may be able to be collected by you or a family member, but others will likely need to be recovered by a medical malpractice lawyer:
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Medical and insurance records: Any medical document regarding your diagnosis and treatment, including bills, prescriptions, communication from medical staff, and test results, can be used to demonstrate medical malpractice.
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Photo evidence: As your condition progresses, take photos of your injury or symptoms to document the timeline of treatment (or lack thereof).
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Security footage: With the help of a subpoena, a lawyer can access security footage that may have captured an act of medical malpractice.
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Witness statements: Any statement made by medical staff, your doctor, family members, or insurance representatives can be used to point to medical malpractice. A lawyer can also help by hiring a medical expert to make a statement regarding your treatment.
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Employee records: A lawyer may be able to subpoena employment records from the time of your treatment, which may indicate who was present at the time of a procedure or appointment to give an idea of who may have witnessed an act of medical malpractice.
How Long Do You Have to File a Medical Malpractice Case in Philadelphia?
Generally, victims of medical malpractice or their family members only have about two years to file a medical malpractice lawsuit, which is why it’s important to contact a lawyer as soon as possible. However, this timeline starts once the act has been discovered, not when it occurred. For example, if you were not coherent during a surgery and realized several years later that there was an error made during the procedure, you may be able to file once this realization is made.
Should You Hire a Lawyer for a Medical Malpractice Case?
Yes. Medical malpractice cases are often complex, and due to the level of confidentiality in the healthcare field, this is often very difficult for a layperson to handle on their own. A lawyer also typically has access to a wider base of evidence than most patients, including subpoenaing employee records and security footage, and hiring a medical expert to provide testimony in your case.
Hire a Philadelphia Medical Malpractice Lawyer to Help with Your Case
In cases of medical malpractice, it’s important to act quickly. If you are feeling ignored by your doctor, have experienced worsening symptoms following a medical procedure or treatment, or have lost a loved one due to a failed procedure, contact PhillyLaw. Our firm has handled a wide variety of medical malpractice cases and has secured millions on behalf of our clients to address their suffering and help them gain access to the treatment they deserve.
