When you hire a medical professional to help you, you have the right to expect that the service you receive meets the appropriate standard of care. If it is not met, you may have the right to pursue compensation for any damage caused. An experienced Philadelphia Medical Malpractice Attorney can help you determine whether your injury warrants medical malpractice and if so, can help you receive the compensation you deserve.
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Why choose Stuart Carpey as your personal injury lawyer in Philadelphia and across Pennsylvania?
Choosing a Top-Rated Medical Malpractice Attorney in Philadelphia with Experience and Dedication
At Carpey Law, we know how to handle medical negligence cases. We work with skilled experts to assist you in achieving positive results and compensation for your injuries. When you hire a medical malpractice attorney in Philadelphia, PA he or she must know what is needed to prove liability and damages in a malpractice case. The four main elements required as proof in a standard negligence case are:
- Breach of Duty / Breach of Standard of Care
Each of these elements is vital to the success of a medical malpractice lawsuit. There are many common forms of medical malpractice, including misdiagnoses, failure to diagnose, surgical errors, medication errors, hospital infections, incorrect prescriptions, and delays in treatment. If a medical professional has failed to provide the Standard of Care there is a chance that malpractice has occurred. In such a case, it is a good idea to speak with a Philadelphia medical malpractice attorney.
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Medical Malpractice Attorney FAQs
- What is Medical Malpractice?
- How Is “Standard of Care” Measured?
- How Long After a Medical Malpractice Case in PA Can I File a Claim?
- Can I Sue if I Gave Informed Consent or Signed a Consent Waiver?
- The First Steps a Philadelphia Medical Malpractice Attorney Will Take In a Medical Malpractice Case
- Will I Have to Go to Trial?
- How Difficult Will It Be to Prove “Preponderance of the Evidence”?
- How Will I Afford a Medical Malpractice Lawyer to Handle My Medical Malpractice Case?
- How Much Will I Be Able to Financially Recover From a Medical Malpractice Case in Philadelphia, PA?
- Most Common Types of Medical Malpractice
- Who Can Be Sued for Medical Malpractice in PA?
- What if My Medical Malpractice Case Was Denied?
- What Are Some Common Examples of Medical Malpractice?
- What Do I Have to Prove to Win a Medical Malpractice Case?
- How Can I Learn if My Doctor or Prospective Doctor Has Been Sued for Medical Malpractice?
- Medical Malpractice Websites & Useful Information
- Schedule a FREE CONSULTATION With Our Medical Malpractice Attorney in Philadelphia
What is Medical Malpractice?
Medical malpractice is an umbrella term that may apply to an array of neglect inflicted on a patient by healthcare professionals. It occurs when a physician or other medical professional fails to meet the appropriate standard of care and as a result of that failure, causes an injury to someone else.
This means that a healthcare provider – doctor, hospital, HMO, nurse, other individual or entity licensed to provide medical care or treatment – does something that competent doctors would not have done, or fails to do what a competent doctor would have done, resulting in personal injury or wrongful death.
How Is “Standard of Care” Measured?
All doctors and medical providers are required to provide medical care which is consistent with appropriate medical care. This is defined as the reasonable care standard; in other words, what would a reasonable doctor in a similar specialty have done in similar circumstances. If the doctor’s care who is alleged to have committed malpractice fell below that standard, then it may equate to malpractice.
How Long After a Medical Malpractice Case in PA Can I File a Claim?
The statute of limitations for a medical malpractice case in Pennsylvania is two years from the date of the malpractice. If you feel you’ve been the victim of medical malpractice, do not hesitate to speak with a Philadelphia medical malpractice attorney.
If your symptoms have worsened after being treated by a physician, the best thing to do is to see another doctor to remedy the situation as quickly as possible. By putting it off any longer, you may be jeopardizing your health, as well as your chances of recovering damages caused by the doctor’s negligence. Under these circumstances, you may want to consult an experienced medical malpractice attorney in Philadelphia, PA.
Can I Sue if I Gave Informed Consent or Signed a Consent Waiver?
Doctors and medical providers are required to make sure patients are informed of all facts regarding medical decisions, including the known risks of a medical procedure. An informed patient has the right to refuse a doctor’s care at any time, and a doctor who does not provide vital medical information is vulnerable to a medical malpractice lawsuit for violating the informed consent rule.
Just because you’ve signed a consent form does not mean you’ve given up all of your rights in the event your doctor or the hospital did something wrong that injured you. If the medical professional acted negligently, that person may be found liable. The consent form is generally fairly broad but the specific negligence that caused medical malpractice is typically not covered by that consent form. So even if you’ve signed a consent waiver, that doesn’t mean you’ve given up your rights.
Work with a Philadelphia medical malpractice attorney to look at your medical records for an opinion on whether you have a medical malpractice case.
The First Steps a Philadelphia Medical Malpractice Attorney Will Take In a Medical Malpractice Case
One of the first steps an experienced medical malpractice lawyer in Philadelphia, PA will take is to obtain all the medical records, review and evaluate them, and determine if the injuries sustained arising from treatment that deviates from what is considered the medical “standard of care.” If your doctor was previously sued for malpractice, your medical malpractice attorney will look into the PA state licensing board for a record of it.
After a medical malpractice lawsuit is filed, the normal course of the discovery process is to have the depositions of all parties and witnesses be taken. This is the opportunity for your Philadelphia medical malpractice attorney to get the doctor’s version of the events leading up to your injury on the record.
Will I Have to Go to Trial?
It is very possible that your PA medical malpractice case may go to trial.
Many cases settle well before going to trial, some even before the complaint is filed, but insurance companies do not like to settle cases. Much of it will depend on the facts, injuries, and medicine at issue. Although many cases settle well before going to trial, some even before the complaint is filed, there are many cases, particularly those involving medical malpractice, that do go to trial.
How Difficult Will It Be to Prove “Preponderance of the Evidence”?
A “preponderance of the evidence” is the burden of proof required of the plaintiff in most civil cases filed in the United States. This means that the evidence against the defendant must be tipped, ever so slightly, against the defendant in order for the defendant to be liable. This is a much less stringent standard of proof than the one required in criminal trials, which is that of “beyond a reasonable doubt.”
Unlike in criminal cases where the defendant is innocent until proven guilty, our goal is to make the accused defend themselves. We start with the thinking that everything the defense expert is saying in his or her report is false, and we then force the expert to prove each and every portion of the opinion. This is done at the defense expert’s deposition or trial by way of cross-examination. We research the background of the expert, find prior written opinions or depositions from other cases, and scrutinize what the expert has said.
Learn more about medical malpractice and understand why Carpey Law is a top Philadelphia medical malpractice attorney.
How Will I Afford a Medical Malpractice Lawyer to Handle My Medical Malpractice Case?
Many clients worry about how they will pay for legal representation in their medical malpractice cases. In reality, you do not take on any financial risks if you choose a contingency fee arrangement.
A contingency fee is an agreement that says your Philadelphia medical malpractice lawyer will get paid a percentage of the settlement or jury verdict. This way the victim is not paying by the hour or a retainer and your lawyer assumes all the risk of proceeding forward and none of the financial risk is on you.
How Much Will I Be Able to Financially Recover From a Medical Malpractice Case in Philadelphia, PA?
Medical malpractice lawsuits are filed to seek compensation for the injured patient. This is known as damages for “pain and suffering.” Recovery of the medical bills related to any additional medical care or treatment as well as lost wages is also typically part of such a case.
There is no way to tell exactly how much a patient-client will be able to recover because there are many different factors at play. Of course, the amount will vary with the nature of the injury sustained as a result of the healthcare provider’s negligence. Also considered are the victim’s medical expenses, lost earnings before and after the event, and the extent of the pain and suffering as well as the permanency of the injury.
As an experienced medical malpractice attorney, I am very familiar with the pain and anguish associated with medical malpractice in Philadelphia, PA. I will battle to get you the maximum possible compensation for your case.
Most Common Types of Medical Malpractice
According to the Physician Insurers Association of America (PIAA), which provides insurance for more than 60% of America’s private practice physicians, the most common medical malpractice claims are:
- Misdiagnosis or Failure to Diagnose – Misdiagnosis or failure to diagnose is considered the most common medical malpractice problem, responsible for over 40% of medical malpractice claims. In emergency rooms, for example, doctors can be hurried and thorough examinations are sometimes not performed. Inadequate examinations and follow-up procedures are very serious medical matters and can cause significant delays in treatment or severe health complications. The most common missed diagnosises are heart attacks, infections such as staph infections, and appendicitis.
- Failure to Treat – Failure to treat conditions includes releasing patients prematurely, failure to follow-up with patients, and neglecting to recommend patients to a specialist for their treatment.
- Prescription Drug Errors – According to a comprehensive study by the Institute of Medicine, prescription, and other medication errors cause injuries nearly 1.5 million patients per year. Medication errors occur at all levels of medical care such as pharmacies, hospitals, clinics and even long-term care facilities.
Who Can Be Sued for Medical Malpractice in PA?
Yes. A medical malpractice lawsuit can be filed against any and all medical professionals, including doctors, surgeons, nurses, physical therapists, and medical technicians. Even medical students can be sued for medical malpractice. Their school or facility may also be accountable for a medical student’s mistake that puts a patient in harm’s way.
What if My Medical Malpractice Case Was Denied?
The reality is that most medical malpractice cases do not go forward for a variety of reasons. Personal injury lawyers reject far more cases than they accept.
If you still feel like you have a strong medical malpractice case after being denied, it may be a good idea to seek a second opinion.
Several factors come into play on whether there is a medical malpractice case. It depends on what the medical records say, what the medical experts say about what happens and what the degree of injury is based on that medical negligence.
One medical malpractice lawyer may look at your case one way, and the next lawyer may see an approach to the case that the first lawyer did not see. Reach out to Carpey Law for your free consultation.
What Are Some Common Examples of Medical Malpractice?
Here are some of the more common examples of medical malpractice that could potentially lead to a medical malpractice lawsuit.
- When an ailment goes misdiagnosed or undiagnosed
- When there is an unnecessary delay in treatment by a physician
- When medicine is incorrectly prescribed
- When an error occurs during surgery
- When errors are made in prenatal care or during childbirth
- When errors are made involving anesthesia administration
- Premature discharge
- Wrong-site surgery
What Do I Have to Prove to Win a Medical Malpractice Case?
- A duty on the part of the medical provider to render services based on the standard of care of similarly situated practitioners
- A breach of that duty
- The breach causes the injury
- Damages resulting directly from the injury or injuries
How Can I Learn if My Doctor or Prospective Doctor Has Been Sued for Medical Malpractice?
If your doctor was sued for malpractice your state licensing board should have a record of it. You can submit a request for the information.
Medical Malpractice Websites & Useful Information
Schedule a FREE CONSULTATION With Our Medical Malpractice Attorney in Philadelphia
Stuart Carpey one of the most trusted Medical Malpractice lawyers in the greater Philadelphia & Plymouth Meeting area. If you need a medical malpractice attorney, it is advised that you file your claim as soon as possible. Book a consultation appointment with Stuart Carpey today so that he can evaluate your case and guide you on how to proceed.
Being the victim of medical malpractice can be an emotional experience. Our role as your medical malpractice attorney is to be compassionate and your biggest advocate. You can confidently discuss questions you feel are important with us so we can help bring forth the strongest case possible.