Medical Malpractice Lawyer Philadelphia PA
If you have been injured because of a medical error, it may be time to talk with a medical malpractice lawyer Philadelphia, Pennsylvania patients trust. You may have a valid medical malpractice claim if you suspect that your injury or medical condition was the result of a negligent doctor or medical care professional. When a patient is in need of medical care, they go to their doctor or medical professional to receive the care they need or are looking for. When a patient does not receive treatment that meets the standard of care because of a doctor or medical professional’s negligent acts, the patient has the right to file a claim. For such a high-stakes case like medical malpractice, clients should only go to law firms with a legal team who has successfully fought for victims and recovered compensation for them. For decades the lawyers at the Wieand Law Firm have been handling these types of personal injury claims. We know what it takes to get the results our clients deserve. For a free consultation, call the Wieand Law Firm.
Meet Our Team of Legal Professionals
Our law firm’s strength not only lies in our creative strategies and skill in a courtroom, but also through our Philadelphia, PA medical malpractice lawyers’ tactful negotiations in mediation or arbitration. We have built a network of legal professionals and expert witnesses who are ready to be called upon when we wish to establish a link between the defendant’s error and the victim’s injuries. Medical malpractice cases are one of the most difficult types of personal injury cases to win, due to factors such as cost and the difficulty of proving medical negligence. Having assisted clients on many scenarios involving medical malpractice, our team has the necessary experience and persuasive skills required to confront powerful defendants such as physicians and hospitals. Through our wide range of skills and resources, we will construct effective strategies that are appropriate according to the circumstances of each case. We will fight for our clients’ full legal rights by relentlessly pursuing the defendant.
Our firm is also equipped with a hardworking attitude and a determination that is well known by insurance companies. Guided by this strategy and our zealous reputation, we have been able to recover millions of dollars for clients and their loved ones. We hold our clients’ interests at heart and will utilize the strategies to hold the parties accountable. Contact our firm to work with an experienced medical malpractice lawyer serving Philadelphia, PA today.
How do I get compensation for medical malpractice?
When you go to the hospital for treatment, you go in with a certain amount of trust for the care you will receive and you are hoping that you will feel better. You certainly do not think that you could feel worse or receive negligent treatment. You expect that your primary physician or other medical worker will provide you with proper care. In the event that you were wrongfully treated, you may have a case for medical malpractice. However, you would be remiss if you do not seek the help of a medical malpractice lawyer in Philadelphia, PA.Going up against someone in the medical profession or a hospital with an entire legal team and their insurance companies can be a tremendous undertaking. They anticipate such cases and have their own resources for combating medical malpractice claims. Because of their strong legal team and the many parties involved, among many factors, you are strongly advised not to handle a medical malpractice lawsuit on your own. There are a lot of layers to these cases and you can risk getting your case dismissed if you are not careful or lack the legal knowledge to use the right strategies. You are better off with legal representation from a medical malpractice lawyer for Philadelphia, PA who knows the state regulations and all of the necessary components for a malpractice case. You have a higher chance of winning a case if you work with a lawyer who has already successfully helped clients who were in a similar scenario. The following information highlights the important factors around a medical malpractice case.
Common medical errors that may be considered malpractice:
- Misdiagnosing the patient or a delayed diagnosis
- Unnecessary surgery
- Child birth injury
- Improper medication dosage
- Surgical errors such as operating on the wrong part of the body or leaving a surgical sponge in the patient
- Misinterpreting test results
- Failure to conduct a thorough medical history
- How do you determine if it is medical malpractice?
A medical malpractice case has several key elements. Each state has its own set of rules and regulations for medical malpractice procedure, which a medical malpractice lawyer Philadelphia, PA patients rely on will be well acquainted with. Medical malpractice lawsuits are time-consuming and expensive, therefore, some states require you to present your case to a board or a medical panel while other states require a notice of the malpractice to the accused party in hopes that it can be resolved out of court. A lawyer will be highly familiar with these crucial differences and the steps you need to take for them. Although it depends on the state that your suit is being filed in, most states agree that the following must be established in order for there to be a case:
- Prove a relationship existed between the patient and the doctor. There must be a concrete relationship where the doctor is unequivocally treating the patient. This does not apply to consultations or casually seeking advice from a doctor that you know.
- Prove negligence on the part of the doctor. You must be able to prove who is responsible for the negligent act.
- Medical expert to support the claim that the doctor was negligent in the treatment. The purpose of the medical expert is to establish reasonable treatment in that area of medical expertise.
- Multiple other medical experts may be necessary to support the belief that the condition was caused by negligence
What type of compensation could you receive?
- Medical bills- depending on the case, your compensation may include past and future medical bills.
- Lost wages- if you are unable to work due to recovery or the medical issue itself, you may be entitled to all lost wages.
- Pain and suffering- a legal term that describes financial compensation for the injury and emotional impact the injury has on the person.
As you can imagine medical malpractice cases are highly regulated and the state rules and procedures vary. These cases can be incredibly complicated and require specific expert testimony. Knowing which experts would be most beneficial to testify in your case is not always clear, so you should consult with a lawyer about which individuals would provide positive testimony in favor of your case. It would behoove you to find an experienced medical malpractice lawyer serving Philadelphia, PA who understands malpractice law and can help you with your case.
Preparing Your Medical Malpractice Claim
As you can expect, with the intricate nature of a medical malpractice claim, plaintiffs must be careful to complete each requirement. These types of claims require precision, skill, and a great deal of knowledge. If you do not have each requirement completed at the time they are required, your case may get thrown out in court. To avoid issues, hire a top medical malpractice lawyer who can advise you throughout the process. If you choose to retain our firm and work with a tenacious medical malpractice lawyer in Philadelphia, PA, we may prepare your claim by:
- Analyzing the information provided by you
- Gather evidence such as medical records and expert witness opinions
- Determine your total losses, including your future prospective losses
- Naming the party responsible for the negligence
- Finalizing the claim preparation and initiating negotiations
- Help you to understand the process, your rights, and any concerns you might have
- Come to a settlement agreement that is fair and just
Bear in mind that some states have put capped amounts on medical malpractice claims. Other states have not allowed a plaintiff to collect general damages, such as loss of consortium or mental anguish. You can ask a lawyer for more details regarding this limitation and how it may affect your case. If your state has similar legislation in place, a Philadelphia, PA medical malpractice lawyer may discuss other legal options to ensure you get maximum compensation that covers all of your losses now and in the future.
Types of Medical Malpractice Claims
Medical malpractice claims can come in different forms. If any of the following applies to your situation, you might have a medical malpractice claim. Call a medical malpractice lawyer for Philadelphia, PA as soon as possible:
- Late diagnosis
- Failure to treat
- Surgical mistake
- Medical device failure
- Childbirth error
- Medication error
- Anastasia error
The aforementioned list is not exhaustive, and they include only a portion of the possible scenarios that can result in medical malpractice. If you believe you are the victim of a medical error or negligence, a medical malpractice lawyer in Philadelphia, PA can review your case and let you know your legal options.
What You May Recover
In a medical malpractice case, you may be able to recover:
- All medical costs related to the incident, including future costs
- Therapy and rehabilitation
- Loss of income
- Loss in the quality of life
- Wrongful death
- Funeral costs
- Punitive damages (*in select cases only)
No two medical malpractice claims are the same; therefore, it is impossible to tell you how much money your claim is worth without knowing the facts of the case. In general, the more severe the error is, the more you will receive.
Get Started with a Free Consultation
Our firm is dedicated to clients who have gone through a traumatic event, are in pain, and experiencing financial distress over something that was not their fault. No matter what happened, if you think you have a medical malpractice claim, we would like to hear your story. Call a medical malpractice lawyer Philadelphia, PA clients recommend from the Wieand Law Firm today.
Why Should I File a Medical Malpractice Lawsuit?
Each medical malpractice lawyer in Philadelphia PA at Wieand Law Firm focuses on the medical negligence and malpractice law that offers a way to hold doctors and hospitals accountable for the services they provide. A medical malpractice case is a specialized personal injury case. Physician and hospitals are responsible for providing ethical and appropriate treatment for patients. When they fail to do so, it may be considered medical negligence or malpractice.
What Are the Causes of Medical Malpractice?
Some of the reasons a patient may need to retain a Philadelphia PA medical malpractice lawyer to file a medical malpractice claim include:
- Medication errors
- Surgical errors
- Anesthesia errors
- Failure to diagnose or misdiagnosis
- Failure to inform a patient of potential side effects and risks of treatment,
- Misreading x-rays or other diagnostic testing
- Performing medical services without patient consent.
- Childbirth injuries
- Wrong patient or wrong site surgeries
- Surgical accessories or equipment left inside a patient
- Use of a defective surgical implant
If physicians and hospitals aren’t particularly diligent in taking the utmost caution and exercising a high standard of care, they may find they are subject to medical malpractice claims.
Who is Liable in a Medical Malpractice Suit?
Medical malpractice involves professional negligence. Just about any health care provider can be liable in a medical malpractice lawsuit. Medical malpractice is considered an act or omission by the health care provider that does not live up to the accepted standard of care. Medical malpractice claim may be filed against numerous kinds of medical professionals, including:
- Physician assistants
- Psychiatrists and psychotherapists
- Ophthalmologist and optometrists
- Physical therapists
- Mental health institutions
Nursing and assisted care facilities
A patient can file a medical malpractice lawsuit against a healthcare professional who causes them harm while there is a patient-provider relationship. If an institution is responsible for your injury, you may also file a medical malpractice claim against a hospital.
Why Hire a Philadelphia PA Medical Malpractice Lawyer?
If you believe that a healthcare professional caused you or a loved one harm, you would be well-advised to retain the services of a medical malpractice lawyer in Philadelphia PA. A medical malpractice lawyer who is well-versed in malpractice law can provide you with freedom from worry and peace of mind, knowing that your lawsuit is being handled professionally. That way, you can focus on recovering and getting well.
A lawyer can help to gather evidence and secure the testimony of a medical expert who will testify in your medical malpractice case in court. Although this alone is not enough to guarantee success, expert medical testimony is extremely helpful in identifying and confirming medical malpractice.
The healthcare providers and the companies that insure them will likely have a team of lawyers who will claim that the physicians did nothing wrong and your claims are without merit. If you believe that the treatment you or a loved one received under the care of a physician or hospital was negligent or wrongfully prescribed, contact our personal injury-focuses malpractice attorneys.
Wieand Law Firm has extensive legal experience and a very successful track record handling medical malpractice claims and can help you receive the compensation you deserve. Contact our office today to set up a consultation with a medical malpractice lawyer Philadelphia, PA clients recommend.
Unnecessary Surgery Lawsuits That May Cause You To Reach Out To A Medical Malpractice Lawyer In Philadelphia, PA at Wieand Law Firm
A few of the most common unneeded surgical treatments include C-sections, spine combination, and arthroscopic partial meniscectomy knee surgical treatment.
In order to sue for an unnecessary surgical treatment you usually need to have the ability to show neglect on behalf of the medical professional, and damage to you that follows as a result.
The statute of constraints for medical malpractice suits, which incorporate unnecessary surgical treatments, is typically one year from the time your reason for action happened.
Medical mistakes are the third-leading cause of death in the United States, so it’s essential for physicians to suggest or perform surgery just when it’s definitely necessary. However that’s not always what occurs. Some surgeries are unnecessary.
Can you sue for unnecessary surgery?
- Common Types of Unnecessary Surgeries
- Spinal Fusion
- Arthroscopic Partial Meniscectomy Knee Surgery
- Can you take legal action against a physician for unnecessary surgery in Ohio?
- The Legal Process for Unnecessary Surgery Due to Negligence
- Deliberate Unnecessary Surgery
- Unneeded Surgery Does Not Automatically Mean You Can Sue for Damages
Any kind of surgery might potentially be unneeded, however there are specific types of surgical treatments frequently carried out when some physician would say there is no need. Below are a few of the most typical unnecessary medical treatments that are performed.
The World Health Organization says the rate for cesarean areas need to not be higher than 10% to 15% of births. While the C-section rate in the U.S. was that low in the 1970s, it has steadily increased to 31.9%. Yes, one-third of babies here are born by C-section.
Whether you have a C-section depends in large part on what health center you go to for delivery, in addition to any expected birth issues. One hospital less than a mile away from another might have double the rate of C-sections, so it’s clever to do your research study ahead of delivery. Never hesitate to reach out to Wieand Law Firm to talk to a medical malpractice lawyer in Philadelphia, Pennsylvania.
Spine blend is a surgery that welds small bones in the spine together in an effort to stop back pain. Some medical trials have demonstrated that back blend does not lead to much better patient outcomes than much less intrusive therapies such as core-strengthening workouts, yet these surgeries continue to gain popularity.
In 2018, the Ohio Bureau of Workers’ Compensation started requiring hurt employees to complete 60 days of alternative treatment prior to considering spinal combination surgical treatment. Those with serious injuries, such as spinal fractures and growths, are exempt from this rule.
Arthroscopic Partial Meniscectomy Knee Surgery
Arthroscopic partial meniscectomy knee surgery is exceptionally typical, with about 700,000 treatments performed in the United States each year. A trial published in 2017 exposed there was no benefit with these surgeries after a 12-month follow-up, as compared to sham (placebo) surgeries. Though this one is minimally intrusive, any kind of surgery carries an extremely real threat of problems during or after the treatment.
Can you sue a physician for unnecessary surgery in Ohio?
Can you take legal action against unnecessary surgery in Ohio? The response is, “it depends.” Medical professionals’ opinions might vary concerning whether you needed surgical treatment in the first place, and just because a surgical treatment is unsuccessful does not mean you can win a lawsuit for malpractice.
Generally, to win a medical malpractice claim for an unnecessary surgical treatment lawsuit, you require to reveal negligence and damage. Here are some methods you may have the ability to show negligence:
Medical mistakes are the third-leading cause of death in the United States, so it’s crucial for physicians to suggest or carry out surgery only when it’s absolutely necessary.
Call Wieand Law Firm today to talk to a medical malpractice lawyer in Philadelphia, PA.