Philadelphia Medical Malpractice Lawyer

A medical malpractice case can be a daunting experience. Our Philadelphia medical malpractice lawyers at PhillyLaw are here to help. We are equipped to offer you comprehensive legal advice, ensure your rights are protected, and help you fight for the justice and compensation you deserve.

Contact us today for a free consultation if you or a family member are a survivor of medical malpractice.

What Is Medical Malpractice?

Medical malpractice happens when a healthcare provider deviates from the recognized “standard of care” in treating a patient. The “standard of care” refers to what another competent medical provider would have done (or not done) under similar circumstances. Essentially, medical malpractice happens when your provider is negligent in providing care to you or your loved one.

To establish a claim, you must be able to show that this deviation caused an injury that would not have otherwise happened. Cases of medical malpractice typically involve misdiagnoses, incorrect treatments, surgical mistakes, and other types of errors. If you are unsure if your case qualifies as a medical malpractice case, contact a lawyer for help.

Common Injuries as a Result of Medical Malpractice

Medical malpractice can lead to a wide range of injuries, with the severity and type depending largely on the nature of the negligence involved.

Infections

Some of the most common injuries include severe infections due to improperly sterilized equipment or environments, incision mistakes, or neglect in post-operative care. These infections occur when bacteria and other harmful pathogens enter the body through wounds made during surgical procedures or through the use of contaminated medical instruments and supplies. The risk of infection increases if medical staff fail to adhere to sterilization protocols.

Additionally, improper monitoring and care post-surgery can allow infections to develop, potentially leading to severe health complications and even death. Healthcare facilities must maintain a sterile environment and ensure their staff follow the proper procedures to minimize the risk of infection to their patients.

Brain Damage and Brain Injury

Brain damage can occur due to anesthesia errors or a lack of oxygen during surgery. Anesthesia errors might involve administering too much, too little, or the wrong type of anesthesia. Such mistakes can lead to hypoxia, where the brain does not receive enough oxygen, or anoxia, a complete deprivation of oxygen, causing brain cells to die.

Any complications that result in an interrupted oxygen supply to the brain can lead to brain damage. This outcome can impact a patient’s cognitive functions, physical abilities, and overall quality of life.

Birth Injuries

Medical malpractice can cause birth injuries through oversights during prenatal care, labor, and delivery. These may include the inadequate monitoring of the baby’s heart rate, leading to a delayed response to fetal distress, or the improper use of delivery tools, like forceps or vacuum extractors, which can cause physical harm to the baby. Additionally, the failure to order a necessary C-section on time can lead to prolonged labor, causing potential oxygen deprivation to the baby that results in brain damage or other serious injury.

The mismanagement of a high-risk pregnancy, such as failing to detect or properly treat conditions like preeclampsia, can also contribute to complications that endanger both the mother and the baby. In these situations, the healthcare professional’s failure to adhere to the accepted standards of care can directly result in birth injuries that may have otherwise been preventable.

Wrongful Death

Wrongful death as a result of medical malpractice occurs when a patient dies due to the negligent or substandard care of a healthcare provider, hospital, or other medical entity. This can include such errors as:

• Diagnostic errors

• Surgical mistakes

• Inadequate post-operative care

• Prescription errors

• Failure to treat a condition on time

The bereaved family may be entitled to file a wrongful death lawsuit for emotional suffering, lost income potential of the deceased, funeral expenses, and other related costs.

Permanent Disability

Permanent disabilities resulting from medical malpractice are among the most devastating outcomes, as they can significantly alter your life and your ability to perform daily activities. For example, a spinal surgery error could result in paralysis, while a delayed diagnosis of a disease like cancer could lead to irreversible damage and loss of function in affected areas of the body. Such outcomes can lead to ongoing medical care, rehabilitation, and the need for additional support services.

Common Types of Medical Malpractice Cases

Common types of medical malpractice cases include:

• Misdiagnosis or Delayed Diagnosis – This happens when a healthcare professional either misdiagnoses a patient’s condition or fails to diagnose it in a timely manner, leading to complications that can potentially worsen the patient’s health.

• Surgical Errors – Surgical mistakes, such as operating on the wrong area, leaving surgical instruments inside the patient, or causing nerve damage, can have life-altering effects.

• Medication Errors – Prescribing the wrong medication or dosage can lead to serious problems. Errors may occur at any point in treating a patient, including during the prescription or administration of a drug.

• Childbirth Injuries – Errors made during the delivery of a baby can result in injuries to both the mother and child. Examples include failing to anticipate birth complications, not responding to signs of fetal distress, and improperly using delivery tools like forceps or vacuums.

• Failure to Treat – When a healthcare provider correctly diagnoses a condition but fails to recommend or administer appropriate treatment, it can lead to a worsening of the patient’s condition.

• Failure to Diagnose Cancer – One of the most critical and time-sensitive diagnoses, failure to identify cancer early on can significantly impact a patient’s treatment options and even their chances of survival. Each of these scenarios can lead to significant physical, emotional, and financial harm to the patient.

How Do I Know if I Have a Medical Malpractice Case?

Recognizing whether you have a valid claim is the first step toward seeking justice and compensation for your suffering. Typically, a case qualifies as medical malpractice when a healthcare professional fails to provide the standard level of care, resulting in harm to the patient.

You should consider filing a med mal lawsuit if a healthcare professional’s negligence led to your significant physical, emotional, or financial distress. Let a Philadelphia medical malpractice lawyer at PhillyLaw help you determine whether you have a personal injury case.

Damages You Can Sue for in a Medical Malpractice Case

There are two types of damages you can sue for in a medical malpractice case: economic and non-economic damages.

Economic damages are the kinds of damages that are easier to quantify, such as lost income, medical bills, and other related costs for which you can produce receipts.

Non-economic damages, on the other hand, are more difficult to prove, such as loss of consortium and pain and suffering. A lawyer can help you more effectively convey how you have suffered as a result of medical malpractice to ensure you’re fighting for every damage to which you are entitled.

Requirements for Filing a Medical Malpractice Lawsuit in Pennsylvania

Specific criteria regarding the elements of malpractice must be met to start a medical malpractice lawsuit in Pennsylvania:

• First, you need to be able to prove that a doctor-patient relationship existed, wherein that healthcare professional owed you a duty of care.

• Second, you must be able to show there was a breach of the standard of care, meaning your healthcare provider failed to act as a competent professional would under similar circumstances.

• Third, there must be a direct causal link between this breach and the harm you suffered.

• Finally, you must be able to demonstrate that the harm resulted in specific damages to you, such as physical injury, excessive medical bills, or lost income.

Gather all your relevant medical records, document your injuries and losses, and contact a medical malpractice lawyer in Philadelphia to ensure you have met all the necessary legal requirements before proceeding with your claim.

Is There a Statute of Limitations on Medical Malpractice in Pennsylvania?

In Pennsylvania, the statute of limitations for filing a medical malpractice claim is two years from the date the injury was or reasonably should have been discovered. This means you have a two-year window to initiate legal proceedings against the healthcare provider(s) who caused you harm due to their negligence.

There are exceptions to this rule, particularly in cases involving minors or situations wherein the harm is not immediately identifiable. The clock doesn’t start ticking for minors until their 18th birthday, giving them until age 20 to file a claim.

Failing to file within this timeframe can permanently bar you from seeking compensation for your injuries. You should consult with an experienced Philadelphia medical malpractice lawyer as soon as possible to avoid missing important deadlines in your case.

Who Is Liable in a Medical Malpractice Case?

In a medical malpractice case, individual healthcare providers such as doctors, nurses, and other medical personnel can be held liable if their actions directly led to their patient’s harm. Hospitals can also be held liable under the doctrine of “corporate negligence,” which makes them responsible for ensuring their medical staff is competent, maintaining a safe environment, and properly administering care.

In some cases, liability might extend to pharmacies for drug-related injuries if the harm resulted from the medication itself. Determining liability can be difficult without a lawyer’s help. We’re here when you need us, ready to help you get started.

What Does a Medical Malpractice Lawyer Do?

At PhillyLaw, we understand the profound impact that medical malpractice can have on patients and their families. Our dedicated team of Philadelphia medical malpractice attorneys aims to secure maximum compensation for our clients’ medical expenses, pain and suffering, and other damages resulting from their medical professional’s negligence based on our experience and knowledge of personal injury law.

If your loved one died as a result of medical malpractice, we will guide you through the legal process with sensitivity and respect, striving to hold those responsible accountable for their actions. We are committed to seeking justice for your loss.

Contact the Philadelphia Medical Malpractice Lawyers at PhillyLaw for Help Today

With PhillyLaw by your side, you can expect compassionate support, transparent communication, and a relentless pursuit of justice for the wrongs you have suffered as a result of medical malpractice. We work on a contingency fee basis, meaning you pay no fees or costs until and unless we win your case. Contact us today for a free consultation to get started.