Common Medical Malpractice Case Questions

Common Medical Malpractice Case Questions

The complexities of medical-related cases require a medical malpractice lawyer in Philadelphia PA victims depend on. When a medical professional fails to uphold the medical standard of care, negligence is a likely consequence, which can devastate the patient receiving treatment. Victims can be left to contend with severe injuries and financial losses. Therefore, taking the time to seek legal consultation from our team from WIEAND LAW FIRM LLC will be a critical component of the process. Victims will have questions regarding how such a mistake could have happened and how they will move forward following these losses. 

What are common types of medical malpractice?

Although medical professionals undergo significant training before practicing medicine, they can still make mistakes. When a medical professional, such as a doctor or nurse, makes a mistake, fails to provide treatment, provide proper aftercare, or diagnose, their actions may be considered negligible. When practicing medicine, all professionals must uphold the medical standard of care. The medical standard of care is the level of care a medical professional must maintain when practicing medicine. The standard of care means that other medical professionals with similar experience would have acted similarly when providing treatment. Common types of medical malpractice victims may experience include:

  • Birth Injuries
  • Anesthesia Errors
  • Surgical Errors
  • Failure to Treat
  • Misdiagnosis
  • Medication Errors  

What is the difference between a claim and a lawsuit?

While a medical malpractice lawyer in Philadelphia PA victims recommend will share that there are significant differences between legal claims and lawsuits. While most medical malpractice cases settle, a lawyer will prepare for all possible directions the case could take. A legal claim is when the victim requests compensation from the negligent party, while the litigation process is when the court decides case outcomes. Each of these options comes with its own set of advantages and drawbacks. Legal claims can often resolve faster and result in an agreed-upon settlement outcome. Lawsuits can take longer to resolve, with a judge or jury often making the decisions. However, compensation levels may be higher. Litigation puts victims at risk for a more significant award, but they are also at risk of walking away empty-handed should the court not rule in their favor. 

What is needed to prove negligence in a medical malpractice case?

With the help of their lawyers, victims must prove several key elements for medical malpractice cases. In addition to each of the following elements, they must include strong evidence to support the claim. Necessary factors include:

  • Doctor-Patient Relationship (duty of care)
  • Failure to Uphold the Medical Standard of Care (breach)
  • Injuries Resulted from the Malpractice (Causation)
  • The Patient Suffered Damages as a Result

Medical records will be critical evidence for proving the claim. Because deciphering treatment information can be complicated, an expert medical witness practicing in a similar field may be necessary to help gain insight into what went wrong and, in some cases, testify in court. 

What is the length of time victims have to file a medical malpractice claim?

When taking legal action, it’s essential to remember that there is a timeframe for victims to bring a case forward. The statute of limitations in PA for medical malpractice cases is two years, and once this timeframe expires, there is little that can be done to turn back the clock. As a result, victims may lose their ability to pursue compensation through the legal process. 

What is the best way to find a medical malpractice lawyer?

To be taken seriously and to have the best opportunity for a favorable outcome, victims should seek counsel from an experienced medical malpractice lawyer. To initiate the process, start by researching area lawyers who represent cases of this nature. From there, victims should schedule a complimentary consultation with our team from WIEAND LAW FIRM LLC for the opportunity to ask questions and gain insight into how we can best represent them. 

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