At Wieand Law Firm, LLC, a Philadelphia medical malpractice lawyer knows that behind each claim for medical malpractice is a person whose life has been turned upside down by a devastating injury. A medical malpractice attorney’s job is to find the truth as to how a medical disaster occurred, which is often concealed or covered up by the medical professionals who were paid to treat you.
The Wieand Law Firm is devoted to the representation of medical malpractice victims in Pennsylvania and New Jersey. Through detailed analysis of medical records, we work tirelessly to uncover documents that your doctors don’t want you to find, and empowers patients to seek justice. We handle all types of medical malpractice claims including birth injuries, failure to diagnose cancer, dental malpractice, and nursing home abuse and neglect.
When litigating your medical malpractice claim, we will work with top physicians from around the country who provide expert analysis and testimony to help prove your case. We are proud to handle medical malpractice cases in Philadelphia and the surrounding areas of Bucks, Chester, Delaware and Montgomery County.
The Wieand Law Firm was founded by Brent Wieand, one of Philadelphia’s finest medical malpractice lawyers. If you believe that you have been the victim of medical malpractice, call Attorney Wieand directly for a free consultation at 1 (215) 666-7777.
How Much Do Medical Malpractice Attorneys Cost?
The Wieand Law Firm offers a free legal consultation to people who suspect that they, or a family member, were a victim of medical malpractice. If you believe a serious injury or death was caused by neglectful medical care call us immediately. We can help you determine if you have a viable claim and take steps necessary to protect your legal rights.
In addition to offering a free legal consultation, our firm does not charge up-front costs or attorneys fees. We work on a contingency fee agreement. Under this arrangement, fees and expenses associated with your claim are deducted from any award or settlement you may receive. Therefore, you will never owe costs or attorneys fees unless the attorney we recover compensation for you through an award or settlement.
Will You Represent Me?
Medical malpractice actions are usually complex, time intensive and expensive. Thus, before representing a client, we conduct a thorough investigation of your claim. The initial vetting process used to evaluate medical malpractice claims will usually include:
- An interview of the victim, or family members in cases involving a minor or wrongful death
- Intensive medical research
- A detailed review of your medical records
- Consultation with leading medical experts in the field
If we believe your case has merit, we will discuss the terms of legal representation and then commence work on your behalf. Our mission is to help you recover compensation for your devastating loss and financial burdens resulting from the incident.
How Long do Medical Malpractice Claims Take to Resolve?
There is no hard and fast rule as to how long it will take to resolve a claim for medical negligence. Medical malpractice is part of the area of law known as complex civil litigation. Due to the complicated nature of these cases, they are usually given extended discovery tracks. This means that the parties will be provided a longer period of time to send written questions and answers, take depositions, argue motions and retain experts for trial.
As with any case, a clear-cut malpractice claim may be resolved amicably between parties at any time before, or during, litigation. If your attorney is able to negotiate a settlement it may decrease the duration of your claim.
Unfortunately, even meritorious medical malpractice cases are usually defended vigorously by defense counsel. Doctors are hesitant to enter into settlement agreements for fear of rising insurance rates. In addition, as a result of legislation intended to reduce the number of medical malpractice claims, insurance companies now have more resources to devote to defending cases. All these factors have increased the likelihood that your case will go to trial or even be appealed following a jury verdict. Thus, medical malpractice cases are not for the faint of heart and usually result in prolonged litigation that can take years to resolve.
Causes of Surgical Errors
Surgical errors are one of the most common types of medical malpractice a PA medical malpractice lawyer sees. They can result in life-threatening injuries and trauma for the patient. In most instances, these errors could have been prevented if the surgeon exercised better care. Here are some of the most common causes of surgical errors.
No matter how many times a surgeon has performed a surgical procedure, adequate planning is still of the utmost importance. Proper planning ensures that all of the surgical instruments are sterile and in working order and that each step of surgery has been thoroughly discussed with all surgical staff. If a surgeon neglected to plan properly for a surgery, mistakes are more likely to occur during the process.
As a lawyer can confirm, surgical errors are more likely to occur if the surgeon is fatigued. Although hospitals put mandatory limits on the number of hours surgeons can work in a row, many of them are still overworked and fatigued. When a surgeon is running on little sleep, he or she can lose focus and make serious errors during the surgery.
Sometimes surgeons can make mistakes due to incompetence. Our team of lawyers have represented medical malpractice victims who endured injuries due to the surgeon’s inexperience. Typically, the fewer years of experience a surgeon has, the more likely he or she is to make mistakes.
In order for a surgery to be successful, all surgical staff must communicate with each other. Unfortunately, our lawyers have seen miscommunication between staff members result in surgical injuries.
In this day and age, the thought of an operating room in a hospital being unsanitary is difficult to grasp. Unfortunately, however, some hospitals don’t do enough to keep everything sanitary. If surgical instruments aren’t properly sanitized before they’re used on a patient, they can result in life-threatening infections.
Types of Surgical Errors
There are several types of surgical mistakes surgeons can make, including:
Leaving Objects Inside the Body
If surgeons are not completely focused, they can forget to remove surgical tools, like sponges or scalpels, from a patient’s body. This can cause severe pain and require a second surgery to remove the object.
Operating on the Wrong Body Part
We have represented individuals who have had the wrong body part operated on. When this occurs, it can lead to unnecessary incisions and damage to other body parts.
These types of errors occur when the wrong part of the body is marked for surgery. The surgeon may not have been paying attention and did not make the proper incision. This can result in nerve damage, internal organ damage, scarring and other serious complications.
Other Examples of Medical Malpractice
When medical malpractice happens, this means that a doctor, hospital, or health care professional has made a mistake, committed a negligent act or omission, which led to the harm of a patient. As you have read so far, surgery errors are one of the most common forms of medical malpractice. However, there are many other situations in which this can occur. If you are not sure whether you are the victim of medical malpractice, a brief free consultation with a member of our team can help you decide whether it is in your best interest to take legal action.
Examples of medical malpractice by a doctor or other health care professional include:
- Failing to order testing
- Failure to identify symptoms
- Not considering the patient’s medical history
- Incorrect medication prescription (type and/or dosage)
- Failing to diagnose, or misdiagnosing the patient
- Failing to follow up or provide information about aftercare post surgery
- Ignoring or incorrectly interpreting laboratory results
Meeting the Requirements For a Claim
To be eligible for filing a medical malpractice claim, there are three elements that must apply to the situation, and they are listed as follows:
- A Violation in the Standard of Care: There are certain standards in the medical field that are expected by all of those who work in that profession. This is otherwise referred to as “standard of care”. A patient who was harmed because a doctor had deviated from these standards may be held liable. If it is concluded through evidence that the standard of care was not met, the victim may receive a substantial monetary award based on the damages they endured.
- The Injury was Caused by Negligence: The second element in order for your medical malpractice claim to be valid, is that you have enough evidence to prove the injury was serious and would not have occurred if you were treated by another doctor with similar experience and in a similar scenario. As the victim, you have to show that there was an injury, because without injury being caused, there is no case.
- The Injury Caused Quantifiable Damages: The last element for your case to be viable is showing that you endured significant damages because of the care received by the negligent doctor. If the damages are minimal, the cost of seeking restitution may not be worth it, as there are fees associated with filing claim documents and court fees. We can help you show that your injury led to loss of income, pain and suffering, financial hardships, medical bills, disability, and more.
Call Wieand Law Firm, LLC Today
If you or someone you love was hurt because of a careless doctor, then please call Wieand Law Firm, LLC today to speak with a lawyer for medical malpractice in PA.