Medical Malpractice Lawyer Philadelphia PA
Common Catalysts for a Medical Malpractice Claim
Patients trust physicians and licensed healthcare 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
For a patient to pursue a medical malpractice claim, the patient must first demonstrate that he was under the direct care of the provider. The 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 physician-patient relationship level. 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 might have a medical malpractice claim.
- Failure of a physician to properly treat a medical condition 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, a medical expert in the field will be invited to testify how the practitioner’s treatment is 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 to 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 injuries, lost wages, and suffering.
Disclaimer: This article is for informational purposes only and is not legal advice.
Frequently Asked Questions About Medical Malpractice Cases
If you suspect that you have been injured by medical personnel, working with our medical malpractice lawyer Philadelphia, PA victims recommend is the way to start taking action for your losses. Chances are your injuries have had a significant impact on your life, and in some ways, the effects may even be long term or permanent. The prospect of taking legal action can be overwhelming for victims in recovery, and we know that you will have many questions. For the answers, you require, schedule a consultation with Wieand Law Firm, LLC. We are standing by to help you take immediate action.
How much is my medical malpractice case worth?
One of the first questions victims have is how much their malpractice case is worth. To get a specific value, it’s to consult with a lawyer. They will take the time to review your case and the damages you have suffered to determine the appropriate value. Many states have caps for compensation. In Pennsylvania, there are no caps for compensatory damages, which allows victims to recover damages for lost wages, medical expenses, lost earning capacity, and more. However, it’s important to note that there is a cap for punitive damages that could be recovered.
Should I accept a settlement from the insurance company?
In some cases, the insurance company might approach you with a settlement offer. Be aware that you should never accept a settlement without first consulting with your Philadelphia, PA medical malpractice lawyer. Typically these initial settlements are much lower than what your case is worth. To ensure that you receive a fair settlement, you will need a lawyer to value your claim and represent you in your case.
How long will it take to resolve a medical malpractice case?
The timeframe in which it takes to resolve a medical malpractice case can vary. However, it’s essential to keep in mind that medical malpractice cases can be far more complicated than typical personal injury cases. In some cases, it can take years before a resolution is reached.
Do all medical malpractice cases go to trial?
Determining whether to settle a claim or pursue litigation can be a difficult decision to make and will likely depend upon the details surrounding your case. Much of the time, medical malpractice cases can reach a settlement before they go to trial. Settling out of court gives victims the highest likelihood that they will walk away with some form of compensation. Pursuing litigation can be riskier, yet yield higher levels of compensation. However, be aware that this could result in walking away empty-handed.
Following an injury that was a result of medical malpractice can be rife with the unknown. Malpractice cases are complicated and will undoubtedly require the resources that Weiand Law Firm, LLC, can provide. We offer complimentary consultations, which allows us to review your case and determine the next steps, while you get the answers to your case-specific questions. Contact our Philadelphia, Pennsylvania medical malpractice lawyer to get started.