Medical procedures carry inherent risks. Even when a doctor follows the standard of care perfectly, things can go wrong. A bad outcome is an adverse result that occurs despite appropriate and competent care. Medical malpractice, on the other hand, is when a healthcare provider fails to meet the accepted standard of care—and that failure directly causes injury or harm to the patient.
Knowing the difference is key to determining whether you have a claim that can be pursued under Pennsylvania law.
A bad outcome may include any of the following:
Infection after surgery, even when sterilization protocols were followed
Disease progression despite timely diagnosis and treatment
Allergic reactions to medications, even if the risk was disclosed
Surgical complications, such as excessive bleeding or organ damage that occurred despite proper surgical technique
These outcomes, while serious, may not qualify as malpractice if the medical team followed appropriate protocols and standards. Medicine is not a guarantee of results—it is a practice involving many variables.
To establish a medical malpractice claim, your legal team must demonstrate that:
A provider-patient relationship existed, establishing a duty of care;
The healthcare provider breached the standard of care, deviating from what a competent provider would have done in similar circumstances;
That breach caused injury or harm, and
The harm resulted in measurable damages, such as physical pain, emotional distress, medical bills, or lost income.
Some common examples of medical malpractice include:
Misdiagnosis or delayed diagnosis, particularly of life-threatening conditions like cancer, stroke, or infections
Failure to order appropriate tests or to interpret results correctly
Surgical errors, such as wrong-site surgery, leaving surgical instruments inside a patient, or nerve damage during procedures
Anesthesia mistakes that lead to brain injury or death
Failure to monitor vital signs during labor and delivery, resulting in birth injuries
Medication errors, including prescribing the wrong drug or the incorrect dosage
In these cases, the harm could have—and should have—been prevented.
Imagine a patient undergoes brain surgery to remove a tumor. The surgeon explains all the risks beforehand, including the possibility of partial paralysis, even with a perfectly performed procedure. After surgery, the patient experiences weakness on one side of the body. This may be a bad outcome—an unfortunate but known risk of the operation, despite proper technique and care.
Now, contrast that with a situation where the surgeon operates on the wrong side of the brain, or a nurse administers the wrong medication during recovery, leading to a stroke. In this case, the harm was caused by preventable medical errors, and the patient may have grounds for a medical malpractice claim.
Medical malpractice lawsuits are some of the most challenging cases in civil litigation. That’s because they:
Require expert medical testimony to establish the standard of care and how it was violated
Involve thorough investigations, including review of thousands of pages of medical records
Often go up against powerful hospital legal teams and insurance companies
Require demonstrating not just error, but causation—the direct link between the provider’s mistake and the patient’s injury
At Wieand Law Firm, our attorneys have the experience, resources, and medical expert networks needed to build strong, evidence-based cases. We focus on high-value medical malpractice claims where clients have suffered serious or permanent harm.
At Wieand Law Firm, we understand that victims of medical negligence are often overwhelmed, confused, and unsure of where to turn. That’s why we take a hands-on, client-centered approach to every medical malpractice case we handle. Our goal is to simplify the legal process while aggressively pursuing the justice and compensation you deserve.
Here’s how we approach these complex claims:
We begin with a free, confidential consultation to understand what happened, answer your questions, and assess whether your situation may qualify as medical malpractice under Pennsylvania law. We’ll never pressure you—just give you honest, informed guidance.
If we take your case, we immediately begin gathering and reviewing all relevant medical records. We work with board-certified medical experts who help us evaluate whether the care you received violated the accepted standard and whether that negligence directly caused your injury.
Our legal team develops a comprehensive strategy tailored to your unique circumstances. This includes working with medical professionals, economists, and life care planners to calculate the full scope of your damages—medical costs, lost earnings, long-term care needs, and pain and suffering.
Whether through settlement negotiations or at trial, our experienced Philadelphia medical malpractice lawyers fight tenaciously on your behalf. We are not afraid to take on hospitals, large healthcare systems, or powerful insurance companies.
We handle malpractice cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. This allows you to focus on healing while we handle the legal heavy lifting.
If you’re unsure whether your situation qualifies as malpractice, consider the following:
Was there a clear error in care or communication?
Did another doctor later say your treatment was mishandled?
Was your condition made significantly worse as a result of what happened?
Have you needed additional surgeries, therapies, or care due to the error?
Are you facing permanent disability, loss of function, or loss of income?
If the answer is yes to one or more of these, you may have grounds for a legal claim.
Patients who suffer harm due to medical negligence may be entitled to compensation for:
Past and future medical expenses
Lost income and reduced earning capacity
Pain and suffering
Emotional distress
Loss of consortium (for a spouse)
Wrongful death damages, in fatal malpractice cases
Our team at Wieand Law Firm fights aggressively to recover the maximum compensation our clients deserve.
When your health and future are on the line, you need a legal advocate you can trust. The Wieand Law Firm has built a strong reputation in the Philadelphia region for representing victims of medical negligence with compassion, integrity, and results-driven strategy.
We handle a range of malpractice cases, including:
Surgical errors
Birth injuries
Delayed diagnosis
Hospital negligence
Anesthesia mistakes
Nursing home medical errors
We understand the emotional and financial toll these cases take on families. That’s why we offer:
Free, confidential consultations
No upfront fees—we don’t get paid unless you win
Personalized attention and clear communication throughout your case
If you or someone you love suffered harm due to suspected medical negligence, don’t wait. Under Pennsylvania law, you have limited time to file a malpractice claim. Let the Philadelphia medical malpractice attorneys at Wieand Law Firm evaluate your case and help you take the next step toward justice.
