Philadelphia Medical Malpractice Lawyer
Medical Malpractice: Mistakes, Misdiagnosis, and Medications
Guidance from a Philadelphia Medical Malpractice Lawyer
You may be seeking a Philadelphia medical malpractice lawyer if you recently sustained an injury at a hospital. Patients who go to their doctor for an exam, treatment, or surgery have a reasonable level of expectation that their condition can improve after the care is performed. They depend on a doctor or other medical professional to address their concerns and provide the right level of treatment. When a patient gives their trust to a medical care professional, they deserve the right to be treated ethically and with expertise. When the caregiver breaches this, the patient becomes a victim and potentially has a medical malpractice lawsuit on their hands. The patient has the legal right to bring a claim against the person whose actions led to their injury.
However, a doctor can make a mistake which results in a worsening of condition or a development of new symptoms. The doctor may commit negligence through a number of ways, such as failing to notice symptoms, discharging a patient early, prescribing the wrong amount of medication or not interpreting test results correctly. It is unacceptable for you to suffer the consequences caused by a medical professional’s negligent actions. Thankfully, you can receive legal assistance from a trusted and reputable medical malpractice lawyer if you ask for help early. If there is a possibility that you have a valid medical malpractice claim, you should not dismiss it without first understanding your legal options. If you are suffering from complications after receiving medical care, you can turn to a Philadelphia medical malpractice lawyer Wieand Law Firm, LLC for legal advice.
Our team of Philadelphia medical malpractice lawyers has worked for the rights of people and their health since opening our law firm. We can empathize with the physical and financial damages you may be suffering as a result of medical care gone awry. Victims of medical negligence go through long-lasting consequences which result in compromised health. Our commitment to our clients is reflected by our record of success. We pride ourselves in the attention and support that we lend to vulnerable clients who have been wronged by individuals. With our help, you can improve the likelihood of getting a settlement that you deserve. No victim of medical malpractice should be left to deal with such a traumatic experience on their own. A Philadelphia medical malpractice lawyer from our firm may be able to negotiate a substantial settlement on your behalf from the party responsible.
What Is Defined as Medical Malpractice?
Any physician or medical care professional is obligated to give every patient a specific standard of care during their treatment. A medical professional who has a duty to provide care to a patient must adhere to a certain standard of care. This standard of care equates to being what a similarly trained and experienced medical care professional would give, that results in pain and suffering to a victim. Simply put, the standard of care implies that a cardiac doctor with 20 years of experience in Colorado would give the same level of care to the same patient as a cardiac doctor with 20 years of experience in Philadelphia. In medical malpractice cases, the concept of reasonable care is a critical element examined by lawyers to determine if negligence occurred. If a physician or medical professional deviates from the standard of care, the actions may amount to medical negligence.
What Are Some Common Examples of Medical Malpractice?
Standard of care is a large, encompassing term. Failure to abide by the established standard of care can mean different things depending on the scenario, but it can include many different examples of errors that can be made by medical professionals. In order to prove medical malpractice, a lawyer must gather enough evidence to argue that a physician or medical worker failed to provide an acceptable standard of care, resulting in direct harm to the patient. Some common examples of medical malpractice include:
- Failure to diagnose or misdiagnose
- Performing unnecessary surgery
- Errors in prescribing; such as knowingly prescribing wrong or expired pharmaceuticals
- Improper surgery aftercare
- Surgical errors
- Failure to recognize symptoms
- Birth injuries
- Failure to order testing
- Knowingly using expired/recalled medical equipment
The way these mistakes can occur can be complex and involve multiple factors. Below we have listed more in-depth medical malpractice scenarios that can happen to you or a loved one; including mistakes, misdiagnosis, wrongly prescribed medications, and more.
An error before, during, or after surgery can happen if medical protocols are not followed precisely. Your doctor is responsible for following patient safety guidelines, especially when performing the complex and precise movements that can accompany surgery. Your doctor may have committed an error during surgery by operating on the incorrect body part, accidentally leaving an object or medical instrument in your body, lacerating an organ, not sterilizing tools entirely, or not regulating anesthesia with rapt attention. A misstep during surgery can leave the patient with no improvement of health and even a new number of symptoms. If any of these scenarios describe your situation, contact a Philadelphia medical malpractice lawyer from Wieand Law Firm, LLC immediately.
After a surgical procedure, a patient can suffer a serious infection. Proper aftercare following surgery is critical for full recovery. The surgical incision may not have been closed up properly, causing serious complications including the possibility of infection. Topical treatments such as antibacterial ointments may not have been applied correctly, or unsterile equipment used to cover a wound site such as gauze was used. Contact a Philadelphia medical malpractice lawyer if you have suspicions that a serious infection you developed was avoidable.
A medication error can happen in many ways. This includes the doctor prescribing the incorrect medication, not taking into account the patient’s allergies, giving the incorrect dose (either too low or too high), or failing to identify possible drug interactions between the current and new prescriptions. Small errors such as confusing similar medications can also occur. Medication errors can result in a worsening of the original condition, or the development of a new one, or both. Doctors are responsible for keeping your medications up to date and continually reviewing your prescription. A Philadelphia medical malpractice lawyer from Wieand Law Firm, LLC can help you and your family get the justice you deserve if you have been harmed due to a medication error.
Diagnosing a patient incorrectly can lead to the patient not receiving the required treatment within the needed time frame. By the time the misdiagnosis is noticed, the wrong treatment plan may have already done significant damage. A misdiagnosis can lead to a patient’s illness progressing to the point where it is not treatable. This is particularly important when it comes to conditions that can be life-threatening, failing to diagnose accurately and promptly can have disastrous results.
You should not have to suffer due to the misjudgment of another person, particularly a doctor who should have sufficient training and the knowledge required in order to help you rather than hurt you.
Debunking a Common Medical Malpractice Myth
Medical malpractice is a subject that is often misunderstood. For the past few decades, misinformation about medical negligence has spread like wildfire. For example, it is common for individuals to believe that most medical malpractice suits are frivolous in nature. Experienced Philadelphia medical malpractice lawyers, however, know that these kinds of serious mistakes are all too common and can dramatically compromise patients’ health. Anytime that they occur, they must be quickly investigated for the sake of the victim, their families, and future victims who may suffer harm. In fact, a recent study conducted by Harvard University’s School of Public Health concluded that approximately 97 percent of medical negligence claims were brought by patients who had suffered harm as a result of medical error.
It is important to understand which common perceptions related to medical malpractice are grounded in fact and which are grounded in misinformation. Clearly distinguishing between fact and myth may help patients who have been harmed as a result of medical errors feel empowered enough to seek justice. We know that many victims can feel powerless if they suspect that they have been a victim of medical malpractice, but it is important that they seek help. The negligent party must be held accountable so that no other individuals can be harmed. When patients fear that their stories will be dismissed, they are less likely to take action, hold negligent providers accountable and receive compensation to which they are entitled.
If you may have been injured as a result of a medical error, please contact our firm and talk with a serious Philadelphia medical malpractice lawyer. Not every error falls under the category of medical negligence, but it can be difficult to determine whether any specific patient may have been harmed due to negligent conduct until they speak with a Philadelphia medical malpractice lawyer experienced in personal injury cases. We would be happy to talk to you about your unique situation in order to advise you of any options that may be available.
Not All Errors Result in Grounds for Medical Malpractice Claims
As we briefly noted above, not every mistake made on the part of a physician or medical facility is governed by medical malpractice standards. Medical providers owe their patients a specific duty of care. When this duty is breached due to negligent, reckless or intentional conduct, harm resulting from that breach may provide solid grounds for a medical malpractice suit.
But it is important to note that each physician’s duty of care to his or her patients is restricted. Each physician or facility is only required to treat patients as other physicians or facilities of similar specialty and similar available knowledge would. What does this mean practically? A hematologist would not likely be held liable for failure to order an x-ray for a patient complaining of bone pain commonly associated with the blood disorder drugs the patient was prescribed, even if it was later discovered that the patient had sustained a hairline fracture in a fall that was not reported to that physician. The physician could potentially be held accountable for failure to order routine blood checks if it is later determined that the pain was being caused by extraordinarily overactive bone marrow which indicated that the patient was suffering from an undiscovered hematological condition.
Who Can I Include In My Lawsuit?
Depending on your situation, you can include any medical personnel that were involved; like the head physician, nurses, and techs. Also, depending on if your doctor is an employee of the hospital or treatment center where this took place, you can sue the hospital as well. However, this does require a Philadelphia medical malpractice lawyer for some thorough checking as most doctors tend to be independent contractors of the hospitals in which they perform in.
What Damages Can I Qualify For?
When any victim files a medical malpractice lawsuit, there are three types of damages they can be granted.
- General Damages: these damages are to cover general pain and suffering that was caused by the accident in question.
- Special Damages: these damages are meant to cover more quantifiable damages related to the accident, including medical bills, and covering lost wages due to not being able to work.
- Punitive Damages: while rare in medical malpractice cases, these damages are to punish the medical professionals involved in the case. They are only used in situations that are especially serious, where there is proven evidence of intentional harm, for instance.
Answers to Additional Questions
If you have any questions about medical negligence generally or medical malpractice suits specifically, please do not hesitate to reach out to our firm. We are passionate about patient rights and would be happy to advise you after learning about your unique circumstances. Consulting with a Philadelphia medical malpractice lawyer will not compel you to take any legal action whatsoever. But having your questions answered will allow you to make informed choices about your situation moving forward.
Contact a Respected Philadelphia Medical Malpractice Lawyer
Timeliness is incredibly important when it comes to filing a medical malpractice claim. It is recommended that you speak to a Philadelphia medical malpractice lawyer as soon after the incident as possible; not only to gain clarity on if you can file a claim but to get direction on what to do next. It is also imperative that you do not wait to seek medical attention from a doctor you trust.
If you were a victim of a medical malpractice incident, do not wait to protect your rights and call a lawyer today. If you have been the victim of medical malpractice, you may be eligible to receive financial compensation for your losses. Do not wait another day– contact us right away to schedule a free initial consultation with a Philadelphia medical malpractice lawyer from Wieand Law Firm, LLC.