Medical Malpractice Lawyer Philadelphia PA
Common Catalysts for a Medical Malpractice Claim
Patients trust physicians and licensed health care providers to provide skilled and appropriate care for their illness or injury. Unfortunately, mistakes and injuries are frequent occurrences in health care and account for a staggering number of patient injuries. A 1999 study by The Institute of Medicine, To Err Is Human: Building a Safer Health System, found up to 98,000 patient deaths due to medical mistakes. Injury caused by a provider’s incompetence or negligence is unacceptable, and injured parties are encouraged to seek remedies through a medical malpractice claim.
Criteria for Medical Malpractice Claims
In order for a patient to pursue a medical malpractice claim, the patient must first be able to demonstrate that he was under the direct care of the provider. Advice given outside of a strict patient-physician relationship, such as general recommendations made by a physician to a friend while playing a round of golf, does not meet the level of a physician-patient relationship. Secondly, the physician’s actions or inactions must have fallen short of a reasonable standard of care. This means that the physician’s treatment failed to meet established practice protocols that a competent physician would follow. Finally, the provider’s negligence must have caused an injury. Sometimes, this can be difficult to prove, as patients may have underlying medical conditions that – despite the physician’s actions or negligence – may ultimately have resulted in the same outcome.
Categories of Medical Malpractice
Medical malpractice claims typically fall within one of several types:
- Failure of a physician to properly diagnose a patient is a common catalyst to a medical malpractice claim. In this situation, the physician fails to order or interpret medical information, such as laboratory tests, MRIs, or other diagnostic or clinical information in a competent manner to arrive at an accurate diagnosis. If the failure to accurately diagnose the patient in a timely manner affected the patient’s outcome or prognosis, the patient may have a medical malpractice claim.
- Failure of a physician to properly treat a medical condition is may also spur a medical malpractice claim. For example, an OBGYN who fails to properly monitor and respond to an increase in maternal blood pressure that results in harm to the infant or mother may be found at fault for medical malpractice. Often times, a medical expert in the field will be invited to testify how the practitioner’s treatment differentiated from a proper medical standard of care.
- Failure of a physician to inform the patient of the potential risks and adverse events is a final reason that a medical malpractice claim may be pursued. Patients have the right of informed consent. This means that they have the right to know about the significant risks of a given procedure. A doctor who neglects to inform a patient of a significant risk, which if known may have influenced the patient’s decision to have the procedure, may be at risk for a successful malpractice claim.
If any of these scenarios apply to your unique situation, you should speak with a qualified medical malpractice attorney. The Wieand Law Firm, LLC will take the time to listen and provide that skilled advice you need to take action and seek fair compensation for your injuries, lost wages, and suffering.
To speak with a medical malpractice lawyer Philadelphia, PA residents recommend, call the Wieand Law Firm, LLC today at 215-666-7777 to receive a free, no-obligation consultation.
Disclaimer: This article is for informational purposes only and is not legal advice.