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Philadelphia Medical Malpractice Lawyer

Medical Malpractice Lawyer Philadelphia, PA

Medical Malpractice Lawyer Philadelphia, PA

When people go to the hospital or doctor’s office to get treated for an illness or injury, they expect to come out feeling better. Unfortunately, that doesn’t happen all the time. Sometimes medical professionals make mistakes that end up hurting their patients. If you were recently injured while under a doctor’s care, you should speak to a medical malpractice lawyer Philadelphia PA residents turn to.

Philadelphia Medical Malpractice Lawyer

Common Causes of Medical Negligence

Thousands of patients endure medical injuries every year. Here are some of the top causes of medical negligence a medical malpractice lawyer in Philadelphia PA sees:

  • Surgical Errors: Surgery is sometimes necessary to treat an injury or illness. However, if surgeons and other medical staff members are fatigued or not paying attention, mistakes can happen during the surgical procedure. Common mistakes made during surgery include operating on the wrong body part, leaving surgical instruments in the body and performing the wrong procedure.
  • Misdiagnosis: A misdiagnosis occurs when a doctor diagnoses a patient with the wrong condition. The patient then receives the wrong treatment. Even when the right diagnosis is made by a new doctor in the future, it’s often too late.
  • Medication Errors: Medications can treat a wide variety of health conditions. However, when a doctor makes medication errors, it can have serious consequences on the patient. Examples of medication errors include prescribing the wrong medication, prescribing the incorrect dosage and giving inadequate instructions on how to take the medication.
  • Anesthesia Errors: Most surgical procedures require general anesthesia. However, if anesthesia isn’t administered properly or the patient isn’t monitored, it can cause devastating consequences, like organ failure, brain damage and heart attacks.
  • Childbirth Injuries: Childbirth injuries are some of the most tragic forms of medical malpractice. Common childbirth injury claims a medical malpractice lawyer in Philadelphia PA deals with include failure to diagnose congenital disabilities, failure to perform a timely C-section and failure to use proper delivery procedures. Even if the child doesn’t die, he or she can still suffer long-term disabilities.

When to File a Medical Malpractice Lawsuit

If you believe you’re the victim of medical malpractice, it’s important to file a lawsuit as soon as possible. In Pennsylvania, the statute of limitations to file a medical negligence lawsuit is two years. After that time period has passed, you’re no longer eligible to receive compensation.

Did Your Baby Suffer Medical Trauma During the Birthing Process?

There are few things on Earth more challenging than watching your child suffer. If your newly born child suffered medical trauma during the birth process and was injured as a result, you are almost certainly struggling emotionally with that reality. It is important to understand that you do not have to struggle alone and to understand that you are not powerless. Connecting with a Philadelphia medical malpractice lawyer parents trust will help to ensure that you fully understand what your rights and options are under the law. Once you are aware of what your options are, you can make informed decisions about those options.

Do You Have Grounds Upon Which to File a Personal Injury Claim?

Not every birth-related injury is grounds for a medical malpractice lawsuit. That is one of the primary reasons why it is important to connect with a Philadelphia, PA medical malpractice lawyer and to have your case thoroughly and objectively evaluated before committing to either a plan of action or a plan of inaction.

In order to pursue a medical malpractice case successfully, you’ll need to prove that one or more medical providers (your physician, a technician, the hospital itself, etc.) failed to uphold the duty of care owed to mother and/or child under the law. In a nutshell, healthcare providers can only be held accountable for medical malpractice if their failed to act in ways that reasonable practitioners would under similar circumstances. Therefore, if a reasonable obstetrician facing similar circumstances would have handled your child’s medical situation very differently, you may have strong grounds upon which to file a lawsuit related to your baby’s injuries.

How Quickly Do You Need to Act?

Every state employs its own “statute of limitations” when it comes to filing medical malpractice claims. A statute of limitations restricts the amount of time that injury victims (and/or their closely-related loved ones, under certain circumstances) can file legal action. If someone tries to file a lawsuit after the statute of limitations related to their case has expired, their lawsuit will be dismissed.

Birth trauma cases are unique, in that parents may file a lawsuit within the first few years after the trauma has occurred and child victims themselves may have much longer to file on their own behalf. With that said, it is important to speak with a Philadelphia medical malpractice lawyer as soon as you can after birth trauma occurs. Being proactive can help to ensure that critically important evidence is preserved and your family’s legal options are protected as you mull over your opportunities for seeking legal recourse.

Medical Malpractice Consultation Basics

Once you have scheduled a risk-free consultation with an experienced Pennsylvania legal team at Wieand Law Firm, LLC, you’ll want to take a little time to prepare for that meeting. Write down your questions and concerns so that you can reference them during your consultation. Gather medical paperwork and any other information that will help us to better understand the ins and outs of your case. Finally, if you feel that you are still too distraught to fully pay attention during the consultation, bring along someone trustworthy who can take notes and make sure that you leave the consultation setting armed with all the information you’ll need to make decisions about your situation moving forward.

The 5 Types of Birth Injuries Due To Medical Malpractice

A medical malpractice lawyer Philadelphia, PA families trust from Wieand Law Firm, LLC can imagine that enduring labor is challenging enough, and parents shouldn’t have to be concerned about their baby suffering from birth injuries. Devastatingly, babies can get seriously hurt if the doctor and/or nursing staff fail to provide a standard of care that is expected within the medical field. Doctors or nurses may make a crucial error, or commit an oversight that leads to the baby being injured. Here we discuss the five types of birth injuries that can occur due to medical malpractice. 

#1 Brain Injury 

There are several ways that a baby can sustain a brain injury during birth. Due to fault of the medical staff, the baby may suffer from intraventricular hemorrhage (bleeding where spinal fluid is generated in the body), cerebral hemorrhage (bleeding within the brain), subarachnoid hemorrhage (bleeding between brain cover and arachnoid membrane), and cephalohematoma (bleeding between skull cover and skull, causing a bump on the head).

Additionally, if the baby lacked oxygen during labor and delivery, both physical and mental issues can occur. The severity of these problems depends on how long the baby was deprived of sufficient oxygen. The result may be labored breathing, seizures, coma, shock, and fatality. A lawyer from Wieand Law Firm, LLC Pennsylvania families trust may be able to recover damages for this type of injury. 

#2 Peripheral Nerve Damage

Otherwise referred to as a brachial plexus injury, peripheral nerve damage can cause limited mobility in the hands and arms, numbness, weakness, paralysis, pain, and loss of physical sensation in the newborn. These nerves can get damaged because of shoulder trauma during birth, inflammation, or tumors. 

#3 Cranial Nerve Damage

Doctor or medical staff that do not properly rotate the baby, or stretch and pull in unnatural ways during birth can cause damage to the spinal cord and cranial nerve. The newborn may have paralysis (of the face and other areas), skin that is sensitive to the touch, and weak muscles. 

#4 Bone Fractures 

When a birth is breached or the baby is large in size, it can lead to bone fractures. When humans are first born our bones are more fragile and get stronger by fusing together as we age. During delivery, the clavicle and other bones can more easily break due to the pressure of birth. If the doctor ignored warnings that suggested a breached or large baby, and an injury occurred, you should call a PA medical malpractice lawyer in Philadelphia immediately.

#5 Intra-Abdominal Wound 

Perhaps the rarest injury, but still possible, is an intra-abdominal wound. This is a blunt injury to the abdominals that can cause damage to the baby’s internal organs. Symptoms include vomiting, nausea, fever, abdominal pain, tenderness, and distension may be present in the baby upon delivery. 

It goes without saying that parents who realize their baby is injured immediately after giving birth can be a terrifying moment. This is supposed to be a beautiful moment, and the medical staff may have taken that away from you due to carelessness. If you suspect that your baby’s injuries could have been due to the doctor or staff that attended to you during labor, then it is advised that you seek a lawyer right away. Your attorney can let you know whether what happened could entitle you to financial compensation for injuries, pain and suffering, and other losses as a result of the medical malpractice. 

Philadelphia Medical Malpractice Law Infographic

The 5 Types of Birth Injuries Due To Medical Malpractice Infographic

Birth Injury Medical Malpractice Red Flags

As we’ve covered above, a birth injury is a physical harm sustained by the infant during or shortly after labor. Birth injuries happen during complicated deliveries and can impact both mother and baby. We can imagine that during this time you should be experiencing joy and adjusting to a new way of life with your newborn. But for many parents, a doctor’s error led to their baby suffering in some way. If you suspect that the doctor or other medical staff failed or were careless when tending to you, please call our law firm for help.

Here are examples of red flags that may mean a birth injury has occurred:

  • Cuts, bruises, and other marks are on the baby’s face, head, and shoulder
  • Seizures
  • Breathing difficulties
  • Heartbeat abnormalities
  • Limp extremities
  • Yellow tinge color to the skin
  • Facial paralysis (both sides or one)
  • Fractures
  • Feeding problems
  • Trouble sleeping
  • Weak muscle tone where the baby has a “floppy” appearance
  • Stiff muscle tone where the baby appears stiff

It is important to note that birth injuries sustained during delivery may only be seen later on in life. This is especially true if the baby’s injuries were internal, and parents may not realize something is awry until their son or daughter hasn’t reached developmental milestones. Birth injuries that may show up later in life include:

  • Not reaching milestones developmentally, such as crawling, walking, and sitting up
  • Not reaching milestones related to speech and language
  • Vision or hearing issues, such as the baby doesn’t respond to bright lights or loud sounds
  • Challenges grasping objects and holding onto them
  • Poor reflexes

Premature babies are more vulnerable to birth injuries since they tend to be more fragile and small. Babies that are larger than normal may have issues coming through the mother’s birth canal and can suffer from asphyxia. Babies that are part of prolonged and extensive labor may also be at-risk for a birth injury. However, just because a baby may be at a higher risk for sustaining a birth injury, it doesn’t mean that doctors and staff can be negligent. In fact, they should be even more attentive and take steps to reduce the likelihood of something going wrong.

Speaking With a Medical Malpractice Lawyer

Medical malpractice lawsuits are some of the most complex types of personal injury cases. That’s why it’s in your interest to hire an experienced medical malpractice lawyer in Philadelphia PA. He or she can help you file your lawsuit in a timely manner, ensure your rights are protected and improve your chances of getting a fair settlement.

If you were injured while under a doctor’s care, schedule a free consultation with a medical malpractice lawyer in Philadelphia PA at Wieand Law Firm today.

Our trusted Philadelphia medical malpractice lawyer relies on from Wieand Law Firm, LLC knows that there are certain groups of people you may put your trust in more than others: firefighters, police officers, and doctors, just to name a few. However, when a doctor makes a negligent mistake, their mistake can be much more costly than another person’s mistake. When a doctor, nurse, or medical professional makes a mistake, it could mean you are left with a serious injury or even a death in the family. Our Philadelphia, Pennsylvania medical malpractice lawyer wants you to know that if you have experienced an injury at the hands of a healthcare provider or if a mistake has caused a loved one’s death, you should reach out to our office so we can begin helping you pick up the pieces.

Contact Philadelphia Medical Malpractice Lawyer Brent Wieand

What constitutes medical malpractice?

Our medical malpractice lawyer in Philadelphia knows that you may be wondering if any mistake a healthcare provider makes means that medical malpractice has occurred. This is a particularly complex area of law and just because a mistake happened does not mean you will be successful in filing a medical malpractice claim and winning. Instead, there are certain factors that must be present for a valid medical malpractice claim. 

  1. You were under the care of a medical professional and they owed you a certain duty of care. This means that the medical professional was actively responsible for your wellbeing. Casually asking a doctor for advice does not mean that they owed you a duty of care. 
  2. The medical professional in some way violated that duty of care in a way that other medical professionals would not have. 
  3. Because they violated that duty of care, you suffered from actual injuries. 
  4. The injuries you suffered from were bad enough to need compensation. 

How can a Philadelphia, PA medical malpractice lawyer help me?

If you suspect that medical malpractice has occurred, you should not try to bring a lawsuit forward on your own. Hiring a medical malpractice lawyer will give you a better chance of recovering full compensation for damages such as:

  • Past and future medical expenses
  • Pain and suffering
  • Disfigurement
  • Lost wages

Get the Help You Need From Our Team Today! 

If you have any more questions regarding a medical malpractice lawsuit, please reach out to our Philadelphia medical malpractice lawyer from Wieand Law Firm, LLC now.

Call Wieand Law Firm, LLC Today

We can only imagine the anguish you may be going through right now. As new parents with an injured baby, you may be outraged and confused as to how this could have happened. We encourage parents to seek our assistance so they can understand their options in pursuing compensation. You may have grounds for a lawsuit where you can receive a substantial amount in restitution from the doctor and/or medical facility for the birth injury. If you are interested, call a Philadelphia medical malpractice lawyer from Wieand Law Firm today to get the legal support you need promptly. 

Medical Malpractice: Mistakes, Misdiagnosis, and Medications
Guidance from a Philadelphia Medical Malpractice Lawyer

As a Philadelphia slip and fall lawyer from The Wieand Law Firm, LLC, can tell you these accidents can have devastating consequences.  Slip and fall injuries are some of the most common injuries, accounting for nearly three million emergency department visits a year.  About 1 in 5 falls results in serious injury, such as a traumatic fracture or head trauma. As a result, falls are also one of the top twenty expensive medical conditions with an average hospitalization cost of approximately $30,000.

The circumstances surrounding your slip and fall accident will be unique to your situation, which can lead a lot of people to feel frustrated not knowing if they can file a claim or receive compensation. These accidents can happen almost anywhere including slipping on a puddle in a hotel lobby or tripping over uneven pavement outside of a hospital. However, there are many common questions after a slip and fall accident that can help you determine the steps for filing a claim and what you should do immediately following the accident.

It is extremely common to come across certain signs in department stores, at restaurants, or even the produce aisles of your groceries stores. “Caution: Wet Floor” or “Warning: Slippery When Wet” signs many stores have on display. These signs can be incredibly helpful to people who would not otherwise notice a puddle of liquid or a patch of ice that can cause serious damage. However, not all dangerous areas like these are marked, and when they are left for the pedestrian to notice on their own, many people become the victim of a slip and fall accidents. These types of accidents can be extremely dangerous.

You may think you are left with a simple bruise on your hip or a small cut on your hand, but a doctor should properly check out any type of injury sustained after a slip and fall accident on someone else’s property. Below, we have common questions regarding slip and fall accidents and the next steps after the accident has occurred. If you would like to speak with a slip and fall lawyer today, contact Wieand Law Firm, LLC now!

Philadelphia Medical Malpractice Law Statistics

According to  Journal of the American Medical Association, as many as 225,000 people die from medical malpractice each year. Check out Pennsylvania Medical Malpractice Filings from 2003 to 2020.

  • 12k deaths from unnecessary surgery
  • Doctors won 77% of the medical malpractice cases that went to a jury trial
  • 7k deaths from medication errors in hospitals
  • 20k deaths from other errors in hospitals
  • There were 6 verdicts in excess of $1 million in the state of Pennsylvania.

What Defines Medical Malpractice?

The vast majority of doctors are amazing people who will always go the extra mile to take care of their patients; however, there are some situations where patients can be victimized by medical malpractice. In this situation, it is important for you to reach out to a Philadelphia medical malpractice lawyer, such as a member of the Wieand Law Firm, who can help you. What defines medical malpractice? 

A Duty to the Patient

For medical malpractice to take place, the plaintiff has to prove that the doctor had a duty to take care of him or her. For example, if a doctor runs up to someone on the street following a car accident, he or she does not necessarily have a duty to help the people involved. The doctor is simply being a good samaritan. On the other hand, if you can prove that you had an appointment scheduled with that doctor at the time the incident occurred, then you may be able to prove medical malpractice.

A Deviation From That Duty 

Next, the plaintiff has to prove that the doctor deviated from the accepted standard of care. Just because you had a poor outcome doesn’t necessarily mean medical malpractice took place. Sometimes, doctors follow the best practices of the field and do not get the desired outcome. You need to previous at the doctor deviated from the established standard of care.

A Deviation That Caused Damages 

Finally, you also have to prove that the deviation of that doctor from the established standard of care led to your damages. Sometimes, a doctor deviates from the standard of care; however, it does not necessarily lead to a worse outcome. You need to prove that the damages you experienced were caused by a doctor who had a duty to help you and that the doctor deviated from the field’s standard of care. 

Contact a Trained Medical Malpractice Lawyer 

If you can prove these elements, then you may have a successful medical malpractice case. It is incredibly difficult to prove medical malpractice has occurred, which is why it is important for you to work with a trained lawyer. A Philadelphia medical malpractice lawyer, such as a member of the Wieand Law Firm, can stand up for your rights and interests. If you are concerned that you may have suffered medical malpractice, reach out to a lawyer who can help you and protect your interests.

Was It My Fault?

This will, of course, depend on the circumstances revolving around the slip and fall accident. If there was appropriate signage to warn you to stay away from the dangerous area until management properly assessed and fixed it but you chose to put yourself in danger anyway, you might not have a claim to make. However, if there was no warning about the dangerous area and your accident injured you, it likely was not your fault.

What Commonly Causes Slip and Fall Accidents?

A serious medical event with significant medical costs requires a seasoned slip and fall lawyer who can obtain the possible compensation for your injuries. There are many causes of slip and fall accidents. Some of the most common are:

  • Spilled drinks or wet food
  • Holes in the ground
  • Poor or broken lighting
  • Carpeting that is missing, torn, or raised
  • Broken safety guard, stair, or handrails
  • Unsalted ice or snow
  • Problems in the pavement including holes or uneven surfaces

Common Injuries

Brent Wieand, Esq, a slip and fall lawyer with the Wieand Law Firm LLC, cites several common injuries associated with slip and fall accidents:

Hip Fractures

Over 90 percent of hip fractures are due to a fall trauma. Considered extremely dangerous to the older adult, they are frequently fatal within a year. Hip fractures commonly result in nursing home placement in older adults – an expense that can be astronomical for long-term medical care.

Fractures or Sprains

Legs, arms, wrists, ankles and other body parts can become compromised during a slip and fall accident. A slip and fall lawyer can help delineate demonstrate the full-scope of the injury to obtain compensation that truly reflects the cost of the injury.  This may include medical and rehabilitation expenses as well as lost time from work.

Traumatic Brain Injuries/Head Trauma

Traumatic brain injuries (TBIs) can have life changing consequences and require an extensive amount of medical and physical rehabilitation that occurs over months or years.  Traumatic brain injuries can impact multiple functional areas, including cognitive function, motor function, sensation and emotion. The impact of these injuries may impact an individual’s ability to continue employment or even perform activities of daily living.  A slip and fall injury lawyer can understand the significant and sometimes life-long impact of these injuries and seek just compensation.

Proving Negligence

To demonstrate that your slip and fall injury occurred due to someone else’s negligence, you will need to prove that the property owner knew, or should have known, about the dangerous condition and failed to address it properly. You will need to demonstrate the reasonableness of the property owner’s action or inaction. For example, a reasonable property owner should have a routine standard of cleaning for floors. Additionally, a property owner who fails to address a broken step several months after notification may not be considered reasonable.

If the injured party’s actions contributed to the accident, they may be considered partially liable.  As such, if the individual slipped on a wet floor while texting, personal carelessness may be a contributing factor of the accident.  Situations like these may still be eligible for compensation, but the settlement or verdict may be reduced due to the partial responsibility of the injured party.  

What Not To Do After a Slip and Fall Accident

Talk to Representatives of the Business

Representatives of the business want to talk to you to trip you up about your slip and fall in their business. They’re hoping you’ll say something acknowledging fault or that you aren’t as seriously injured as you claim to be. Refer any business representatives to your Philadelphia medical malpractice lawyer from Wieand Law Firm.

Talk to Private Investigators After the Accident

As much as you shouldn’t talk to representatives of the business, you really shouldn’t speak with any private investigators. Their sole purpose is to catch you acting less injured than you claim to be or in a lie about your injury. Refer them to Wieand Law Firm, too.

Accept Any Cash Settlement

If the business offers you a cash settlement without going through your attorney, don’t accept it. It’s probably far less than what they think you’re due and is being offered in hopes you won’t go after them for more money. Your Philadelphia medical malpractice lawyer should be in negotiations with the business’ insurance company about settling your case.

Sign Anything Without Speaking to Your Attorney

Never sign anything without running it by your lawyer first. There may be legal language you might misunderstand which could negate any payout by the insurance company. Let your Philadelphia medical malpractice lawyer do the job you’ve hired him for.

Give a Recorded Statement to the Insurance Company

The only reason an insurance adjuster wants to get a recorded statement from you is to catch you lying, saying you’re “fine” or “okay”  or admitting fault. Yes, even the social niceties of “how are you doing?” can create a minefield for your slip and fall claim.

Admit Fault

Don’t say you’re sorry about all this hassle. Don’t try to downplay the business’ part in your injury by saying anything such as, “I wasn’t watching where I was going,” “I didn’t see the wet floor sign,” or “I’m such a klutz.”

Discuss Your Accident on Social Media

Private investigators will snoop on your social media accounts to see if you say anything indicating you’re not as injured as you claim to be. Don’t give them any ammunition to use against you. Don’t post about your fun plans this weekend, how your back is feeling much better or that you’re going back to work early.

Ignore signs of an injury

If you have any signs of an injury whatsoever, seek medical attention. Even if it’s just a bruise or a little dizziness, it could be a warning sign of something serious you wouldn’t want to ignore. After you’ve sought appropriate medical care, call a Philadelphia medical malpractice lawyer to start the claims process after your slip and fall.

What to Do After Slip and Fall

As a team of slip and fall lawyers, we tell our clients all the time there are a few steps to take after your fall that are critical. Not only will they help ensure that you can heal from your injuries as soon as possible, but they can help you prepare for making a claim.

Step 1: Report It

If you are in stable condition, before you leave the property you should report the accident to the manager or supervisor of the property. If you do not report an accident, a manager will not know that there is (a) A dangerous area on their property or (b) That an accident even occurred. When you do speak with the manager, they should also write up some type of accident report. This is crucial when making a slip and fall claim.

Step 2: Document the Scene

This can be essential to your claim. Photographs of the accident scene can show that the slip and fall accident did not happen because of your own negligence. Instead, it happened because of something that was dangerous on the property that the owner failed to fix. Important things to note as you document the scene are:

  • What specifically caused your fall?
  • Was the area dark or light?
  • Where did the accident take place, inside or outside?
  • Exactly how did the accident occur?
  • Were there hazard, warning, or danger signs to mark the area?
  • Was anyone else aware of the danger before your accident?

Step 3: Get the Medical Help You Need

Regardless of how you feel immediately following your slip and fall accident, it is never a waste of time or money to have a medical professional examine your injuries or the bodily area on which you fell. You might have obvious injuries like a broken arm or hip or severe bruising. You might even have signs of a concussion. Or, your injuries might not present symptoms for a few hours or days. A head trauma does not always show immediate signs of damage.

Step 4: Get Witness Information

If there was anyone else at the scene of the accident who saw what happened, they can be a crucial part of your testimony. Before leaving (unless you medically need to), get the names and contact information of any witnesses.  If there were witnesses to your accident, it is imperative that you get their names and contact information. Also, record what you were doing, what time your accident occurred, and what caused the accident to happen.

Step 5: Be Careful What You Say

Do not give statements to the property’s insurance company or even the manager. Let the manager know what happened, but discuss any details with your attorney.

Step 6: Contact a Philadelphia Slip and Fall Lawyer

After your accident, you might not be sure of which steps to take legally. If you have been hurt in a slip and fall injury, it’s important that you have the support of an Philadelphia slip and fall lawyer this community counts on to pursue fair compensation for your physical injuries, pain, and suffering.  

4 Common Slip-and-Fall Injuries

When most people think of slip-and-fall accidents, they think about mild injuries. After all, throughout the majority of your life, most falls probably didn’t result in serious injuries. What happens when one does? If you slip and fall on a patch of ice or fall onto a hard surface, you can seriously injure yourself. Here are four of the most common slip-and-fall injuries.

Knee Injuries

Your knees are a complex blend of bone and ligament. When you fall, you could wind up with worse injuries than a skinned knee. As you fall, your knee could twist and in its twisted state would suffer the brunt of your weight falling to the ground. This could tear ligaments or dislocate your knee. It is possible to need reconstruction after a slip-and-fall accident.

Traumatic Brain Injuries

When you fall, you do not have to hit your head to have a traumatic brain injury. As you hit the ground, your brain may receive a jolt. This is dangerous and you may not recognize how bad the injury is until later. If you do not have your TBI looked at right away, then it can grow more serious over time. You could have headaches that last for months at a time. If you hit your head when you fall or if you feel dazed, confused or present with a headache, you should see a doctor as soon as possible to rule out a TBI.

Sprained Wrists and Ankles

One of the most common injuries you could have when you fall is a sprained ankle or wrist. If you were to fall on an uneven stair, you could land on your twisted ankle. This could result in a sprain or even a break of the ankle. Also, when a person falls, he or she will tend to put their arms out to cushion the fall. When you do this, your full weight lands on your hands and can twist and strain your wrist. Due to the lack of blood flow, sprains and strains take time to heal.

Spine or Nerve Damage

Slip-and-fall injuries can result in devastating medical costs, lost wages and pain and suffering. If you were the victim of a slip-and-fall accident because of someone else’s negligence, you might have a right to compensation. Set up an appointment and consult with a slip-and-fall lawyer as soon as possible to find out more about how to file a personal injury claim.

Why Slip and Falls Happen

Slip and fall accidents can happen at any location, and at any time. The impacts of these types of accidents can vary by person depending on how and where they fell. A person may get up with minor scratches and bruises, or they may need emergency medical attention. If you or someone you love has been injured because of a slip and fall accident, it is important to understand your legal options. Our team is knowledgeable about slip and fall accidents specifically, and are ready to help you receive the maximum compensation possible.

Here are the most common causes of slip and fall accidents:

Uneven and Wet Floors

Floor conditions are one of the top causes of slip and fall incidents. Property owners have a duty of care to visitors and must do what is within their power to reduce hazards and minimize risks.  A property owner may be held liable for injuries, damages, and losses that a victim suffers if they did not attend to a hazard promptly enough or fix it completely.  Floor conditions that can leave people vulnerable to getting hurt include:

  • Uneven pavement, flooring, or surfaces without proper warning signs
  • Recently polished or wax floors
  • Crumpled or loose rugs, flooring, or mats  (including stairs)
  • Unsalted icy surfaces
  • Spills that did not not get cleaned up
  • Splashed oil or grease
  • Potholes in parking lots
  • Items caught in carpets or rugs that may catch on shoes
  • Not utilizing sufficient barriers to close off wet areas
  • Fallen products in shopping aisles

Corrective measures that a property owner may have to perform include maintaining pavements, mopping up wet floors or spills, removing snow or ice from walkways, utilizing non-skid materials when appropriate, cleaning up excess moisture, and observing weather conditions to foresee any potential hazards and then taking action against them.

Weak Ladders or Stairs

Unsafe ladders and stairs can quickly cause a slip and fall accident. Examples of hazardous factors that can increase the likelihood of a slip-and-fall happening are: lack of handrails, rushing when taking the stairs, warped steps, skipping steps when traveling down or up the stairs, trash or debris, polish or waxed stairs without non-skid pads, not securing a ladder when in use, using a chair or the furniture item instead of a ladder, not using existing handrails, or a lack of handrails entirely. Always use a ladder in the correct manner to reduce the chances of a fall.

Poor Safety Practices

There are specific jobs that are more at risk for a slip-and-fall injury accident, especially if safety practices are not followed, and these include: construction workers, manual workers, chefs and kitchen staff, custodial staff, housekeepers, factory workers, and more.  To ward against slip and fall accidents in a work environment, employees must receive training on how to use necessary equipment and tool items. Workers must be provided what they need to stay safe while performing job duties.

What Else can I Do?

Getting help from a slip and fall lawyer is important after a slip and fall accident. An attorney can ensure that you have collected the necessary evidence for your claim and followed the appropriate steps to ensure your claim can go through properly. They can also determine if you are receiving a fair and proper settlement.

Our team will take the time to listen to your individual situation and provide the expert advice you need to act. To speak with our PA slip and fall lawyers in Philadelphia, contact Wieand Law Firm, LLC today at 215-666-7777 to receive a free, no obligation consultation.

Other FAQs About Medical Malpractice

At Wieand Law Firm, our goal is to empower our clients. We represent you fully, but we take your needs into account because we want you to feel completely satisfied with the outcome of your case. For that, you need to understand what’s involved with medical malpractice and get the answers to all of your questions. A Philadelphia medical malpractice lawyer can be a huge help.

How Does the Statute of Limitations Work in Medical Malpractice Cases?

Medical malpractice cases have a statute of limitations in Philadelphia. The time depends on the injury and the circumstances surrounding it.

Generally speaking, the clock starts running from the moment the negligent treatment happens. If you suspect medical malpractice, it’s a good idea to contact a Philadelphia medical malpractice lawyer as soon as it’s physically possible — or have a family member call on your behalf.

There are a few exceptions to this rule, however. If you continue receiving an ongoing course of treatment from the same hospital, such as chemotherapy, you may have additional time to file a claim.

Another exception is when you only discover medical malpractice later on. This can happen when patients have to undergo surgery for a second time and the new surgeon uncovers a serious error by the previous doctor. In these cases, let your Philadelphia medical malpractice lawyer know as soon as you find out.

Who Can I Sue for Medical Malpractice?

You can generally file a lawsuit against any medical professional that had a responsibility of care to you. First and foremost, this includes doctors and surgeons.

Other cases of medical malpractice involve specialists such as anesthesiologists. You can also sue a nurse who gave you the wrong medication or made another serious mistake that competent nurses wouldn’t have committed.

What about hospitals? You may be able to sue the medical center if you can prove an employment relationship between doctors or nurses and the hospital. Your Philadelphia medical malpractice lawyer at Wieand Law Firm can let you know which avenues are most viable for your case.

When Are Doctors Required To Disclose the Risks of a Procedure?

You can sue physicians for medical malpractice if they don’t tell you about significant risks of a treatment and a reasonable person would make a different choice knowing those risks. Proving this requires strong evidence. Your Philadelphia medical malpractice lawyer can help by gathering medical records or expert testimony if you choose to pursue this option.

Common Myths About Slip and Fall Accidents

Slip and fall accidents, whether they occur in a grocery store or outside someone’s home, happen quite frequently in the U.S. However, they are still largely misunderstood. Here are some common myths about slip and fall accidents that you shouldn’t believe.

  • If the property owner put up a warning sign, you can’t sue. Sometimes property owners and managers put up warning signs to let people know about a dangerous situation, such as a milk spill at a grocery store. However, if the property owner put up a warning sign and you still suffered a slip and fall accident, you still may be able to pursue a personal injury claim. It is possible that the owner could have done more to prevent the accident. 
  • You can pursue damages at any time. This is false. You don’t have all the time in the world to file a claim for your slip and fall injuries. In Pennsylvania the statute of limitations to file a personal injury claim is two years. Once that deadline has passed, you no longer have the right to pursue damages. That is why it is important to discuss your case with a Philadelphia slip and fall lawyer promptly.
  • You can only receive compensation for severe injuries. Just because you did not suffer a head injury or several broken bones during a slip and fall accident, does not mean that you aren’t entitled to compensation. Even if you just suffered some bruising or cuts, you still should get assessed by a doctor promptly, which costs money. 
  • The negligent party will have to pay for your damages out-of-pocket. Some people are reluctant to file an injury claim because they think the negligent party will have to pay out-of-pocket. This is especially true if the property owner is a family member or friend. However, the negligent party’s insurance party will most likely be responsible for paying the damages.
  • If the property owner didn’t know about the dangerous condition, you don’t have a case. There are many cases in which a property owner didn’t know about a hazardous condition on the premises. However, that doesn’t mean that he or she is off the hook. If the property owner should have known about the dangerous condition, he or she can still be held liable.

It isn’t always easy for victims of medical malpractice to know whether they have a cause for legal action or not. Obviously, medical practitioners do not relish being sued, so many strategically withhold information that may give their patients a stronger sense that their situations have been handled in negligent or even reckless ways. On other occasions, medical practitioners may not even be aware that they have made mistakes that have led to patient harm. For these reasons and a host of others, victims of medical malpractice often fail to seek legal guidance in the wake of sustaining legally actionable harm.

Even if you are unsure of whether you have grounds upon which to file a lawsuit, you should connect with an attorney at Wieand Law Firm, LLC as soon as you suspect that you may have suffered injury or illness as a result of a medical practitioner’s actions or inactions. Taking the proactive step of scheduling a risk-free legal consultation will allow you to make informed choices as you move forward.

Philadelphia Medical Malpractice Lawyer

Meeting with a Philadelphia medical malpractice lawyer at our firm will not obligate you to file a lawsuit. The consultation process simply exists so that those who may or may not have strong grounds upon which to file a lawsuit can ask questions, voice concerns, and learn more about their rights and options under the law.

How Do You Know if You Have Grounds for Legal Action?

No two medical malpractice cases are ever exactly the same. This is a particularly complex area of law in which a broad standard may apply in any number of ways. This is why it is so important to have your case thoroughly and objectively evaluated by a medical malpractice attorney before committing either to filing a lawsuit or to taking any other course of action or inaction.

Generally speaking, a victim of medical malpractice can hold a healthcare provider accountable for injury or illness if that harm resulted from conduct that would not have been embraced by a reasonable practitioner facing similar circumstances. Once our team assesses your case, we’ll be able to explain how this standard may apply to your situation.

5 FAQs on Medical Malpractice Terminology

1. What is Informed Consent?

Informed consent is a communication process between the doctor and patient. The doctor is required to advise patients of the potential outcomes prior to a medical procedure or treatment. As part of this communication, the physician must include reasonably foreseeable risks and benefits of the treatment. The doctor must also advise the patient of risks and benefits of their other options, including the option to forgo treatment. This communication often leads to the agreement or permission for treatment, care, or service.

2. What is the Standard of Care?

For medical malpractice, a standard of care is the level at which an ordinary, prudent clinician with the same training and experience would practice under the same or similar circumstances. The plaintiff must establish the standard of care and prove that the standard of care has been breached. This is often achieved using expert testimony. Medical standards of care exist for many conditions, such as diabetes and some cancers. Failure to provide a patient with treatment that meets the standard of care can result in legal liability for the injury or death that results that breach. A Philadelphia medical malpractice lawyer can help investigate a case to determine if the standard of care was breached.

3. What is Preponderance of Evidence?

In relation to medical malpractice, preponderance of evidence is the legal standard a plaintiff needs to achieve to win a lawsuit. To achieve this standard, the plaintiff must demonstrate that malpractice is more likely to have occurred than not to have occurred. This standard applies to most cases filed in civil court, and it is different than the “beyond a reasonable doubt” standard needed for a criminal conviction.

4. What is Comparative Negligence?

Comparative negligence is a theory that some states use to divide the fault among the parties involved in the accident based on their respective contributions for the accident. Damages for the accident are then awarded in proportional to the degree of negligence. There are three types of comparative negligence used in the United States: pure comparative negligence, modified comparative negligence and contributory negligence. Speak with a Philadelphia medical malpractice lawyer to learn more about the type of comparative negligence used in your state.

5. What are Punitive Damages?

Punitive damages are a type of damage that a court can choose to award in certain circumstances. Punitive damages are considered punishment and are generally awarded by the court when the defendant’s actions are deemed to have been particularly harmful. In tort liability, these damages are often issued when the plaintiff can demonstrate that the defendant engaged in wanton or willful misconduct. Punitive damages are often imposed to sent an example of the negligent party and deter others from behaving similarly.

 

Legal Assistance Is Available

If you believe that you may have suffered injury or illness as a result of a medical provider’s actions or inactions, please schedule a risk-free consultation with the experienced Pennsylvania team at Wieand Law Firm, LLC today. Remember that attending a consultation neither obligates you to pursue legal action nor does it obligate you to retain our firm’s legal services. Our firm is proud to offer risk-free consultations because we believe that anyone who may have suffered as a result of a professional’s negligence, recklessness, or intentionally harmful conduct deserves to understand their rights and options under the law.

Once we have thoroughly reviewed your situation, you’ll be empowered to make informed decisions about your legal circumstances moving forward. If you choose to file a personal injury lawsuit, our team will provide you with any and all support that you may require. We look forward to speaking with you.

Wieand Law Firm Philadelphia Medical Malpractice Lawyer

230 S Broad St. Suite 602 Philadelphia, PA 19102


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