West Chester Medical Malpractice Attorneys

Dedicated Medical Negligence Lawyers Committed to Securing Fair Compensation on Behalf of Patients Throughout Chester County, PA

As a patient, there is a lot going through your mind every time you head into a doctor’s appointment. Nerves are normal, and many patients tend to fear the worst possible outcome despite the fact that most doctors, surgeons, and other healthcare professionals typically do their best to ensure a successful outcome. However, the unfortunate reality is that these fears are not unfounded. Medical errors are responsible for an alarming number of deaths and injuries each year. For example, according to one study, roughly 400,000 hospitalized patients experience some type of preventable injury each year. These errors end up claiming the lives of more than 100,000 patients annually. And tens of thousands of other patients end up living with long-term conditions that dramatically affect their ability to live their lives the way they want to.

Of course, studies vary in how they are conducted and the results they report, and by some estimates, there are an average of more than 250,000 preventable deaths caused by medical errors each year. This amounts to roughly 9.5 percent of all deaths in the United States each year, making medical errors the third or fourth leading cause of death, depending on the year. 

At MyPhillyLawyer, we’ve assembled a dedicated team of West Chester medical malpractice lawyers to help patients injured as a result of healthcare providers’ negligence. Our attorneys understand what you and your family are going through and are here to help in any way we can. We have decades of experience investigating, negotiating, and litigating medical malpractice claims in West Chester, and we can help you understand your rights and pursue the relief you are entitled to. 

What Is Medical Malpractice?

Put briefly, medical malpractice describes a situation in which a healthcare professional breached the duty they have to care for their patients. While there are many different types of medical malpractice claims, in general, they arise when a medical professional fails to provide the standard of care expected in the medical community, thereby causing harm or injury to the patient. This deviation from the established standard of care can involve various actions, including, but not limited to, errors in diagnosis, treatment, aftercare, or health management.

Victims of medical malpractice may experience exacerbation of existing conditions, new health complications, emotional distress, or, in severe cases, death. It is imperative that victims have experienced advocates in their corner who will fight to ensure that justice is served. The West Chester medical malpractice attorneys at MyPhillyLawyer have specifically handled all types of medical malpractice cases and can be instrumental in helping you navigate the complex and emotional process of bringing a medical malpractice claim. 

If you believe you or a loved one has been a victim of medical malpractice, seeking legal guidance promptly is crucial. Our experienced medical negligence attorneys are dedicated to holding negligent healthcare professionals accountable and do everything possible to secure fair compensation for you and your family based on everything you’ve been through—and will continue to go through. We understand the gravity of medical malpractice cases and are committed to delivering compassionate, personalized, and effective legal representation to those adversely affected by medical negligence.

Where Does Medical Malpractice Occur?

In West Chester, PA, there are numerous healthcare facilities where medical malpractice might occur. Unfortunately, the actual rate of medical malpractice incidents occurring at a facility is difficult to determine because these claims are often settled and subject to confidentiality agreements. However, the following are large healthcare providers in West Chester, Pennsylvania:

• Penn Medicine – Chester County Hospital
• Chester County Hospital Emergency Room
• Patient First – West Chester
• Premier Urgent Care
• AFC Urgent Care West Chester
• Tower Health Urgent Care
• Penn Medicine Women’s Specialty Center

Of course, medical errors can occur outside of the hospital/ER/urgent care setting as well. In fact, 

Types of Medical Malpractice Claims Available to West Chester Patients

Medical malpractice represents a significant breach in providing quality healthcare. Understanding the leading causes of these mistakes helps in preventing future errors and enhancing patient safety. It can also be helpful for those who believe they were the victim of medical malpractice to better understand if they have a claim. 

Below are some leading causes of medical malpractice with an in-depth explanation of each:

Diagnostic Errors 

Diagnostic errors top the list of common medical malpractice claims. Most diagnostic claims involve delayed diagnosis or misdiagnosis of a condition. These errors occur when a healthcare provider fails to adequately evaluate a patient’s symptoms or misinterprets test results, which can lead to improper treatment, unnecessary delays in treatment, or no treatment at all. As a consequence, the patient may suffer worsening conditions, sometimes with irreversible damage or fatal outcomes. Ensuring meticulous attention to detail and cross-verifying diagnoses can prevent these errors.

Medication Errors 

Medication errors form a considerable portion of malpractice cases. These occur when a patient is prescribed the wrong medication the wrong dose, or experiences harmful drug interactions due to a provider’s oversight. Such errors might happen at different stages, including prescribing, dispensing, or administering medications. These mistakes can lead to adverse reactions, overdose, or insufficient treatment of the condition. Medication errors can be prevented through proper communication between healthcare providers and meticulous management of a patient’s medication history and current prescriptions.

Surgical Errors

Surgical errors are devastating incidents where a surgical procedure goes awry due to the negligence of the healthcare team. These errors might involve operating on the wrong body part, leaving surgical instruments inside the patient’s body, or performing an unnecessary surgery. These errors not only exacerbate the current health condition of the patient but can also lead to new and sometimes life-threatening complications, such as infections. Strict protocols, thorough pre-surgery planning, and communication can mitigate the chances of surgical errors.

Birth Injuries

Birth injuries involve healthcare negligence during the labor and delivery process process. These injuries can occur to either the mother or the baby and include failures to detect fetal distress, improper use of delivery tools, or delays in ordering necessary cesarean sections. This type of malpractice can result in permanent disabilities, developmental issues, or even fatalities. Preventing birth injuries requires vigilant monitoring of both mother and baby throughout the pregnancy and labor, and readiness to intervene promptly when complications arise.

A Lack of Informed Consent

Physicians and surgeons are required to obtain a patient’s informed consent before they conduct any medical procedure. A lack of informed consent occurs when a healthcare provider fails to fully inform a patient about the potential risks, benefits, and alternatives associated with a proposed treatment or procedure, preventing the patient from making an informed decision about the type of healthcare they want to receive. This form of malpractice can leave patients undergoing procedures that they might have chosen differently if fully informed. Upholding the principle of informed consent is essential in fostering trust and transparency in patient-care provider relationships and ensuring that patients retain autonomy over decisions regarding their health.

How to Prove a Medical Malpractice Claim Against a Healthcare Provider

Medical malpractice cases are a subset of personal injury law. Thus, to successfully bring a medical malpractice claim, you must establish the following legal elements: duty of care, breach of duty, causation, and damages. 

Below is a brief explanation of each element in a medical malpractice claim:

Duty of Care

The first step in a medical malpractice claim is establishing that the healthcare provider owed a duty of care to the patient. This means that there was a recognized professional relationship between the provider and the patient, where the provider was expected to provide medical care that met the standards accepted by the medical community. The duty of care serves as the foundation of the claim. The “duty” element is rarely at issue in West Chester medical malpractice cases because treating physicians owe a duty to their patients, as do surgeons, pharmacists, nurses, and all other healthcare workers. 

Breach of Duty

Once the duty of care is established, the next element involves demonstrating that the healthcare provider breached this duty. This breach usually entails showing that the provider deviated from the accepted standards of medical care, either through a negligent act or omission. Expert testimony often becomes crucial to prove this element because it helps to prove how the provider’s actions failed to meet the recognized standards of care within their medical specialty.

Causation

Causation is a critical component where the patient must prove that the breach of duty was the direct cause of the injury or harm they experienced. This involves illustrating a clear link between the provider’s negligent action (or inaction) and the patient’s injuries. Proving causation can sometimes be difficult, requiring parties to gather and present medical records, expert testimony, and other evidence to substantiate the claim.

Damages

Lastly, a medical malpractice claim must identify and quantify the damages incurred by the patient due to the malpractice. Damages can cover various aspects, including physical harm, emotional distress, additional medical expenses, loss of earnings, or decreased quality of life. It’s vital to clearly document these damages, as they will be instrumental in determining the compensation that the victim is entitled to in the event of a successful claim.

Frequently Asked Questions:

How Long Do You Have to Bring a Pennsylvania Medical Malpractice Claim?

In Pennsylvania, the statute of limitations for medical malpractice claims is generally two years. This means that you have two years from the date of the injury or from the date you reasonably should have discovered the injury to initiate a lawsuit. However, there are some exceptions to this rule, particularly involving minors or mentally incapacitated individuals. Additionally, Pennsylvania recognizes the “discovery rule,” which allows the statute of limitations to commence from the moment the injury is discovered or should have been discovered with reasonable diligence. Regardless, it is highly recommended to consult with an experienced West Chester medical negligence lawyer to ensure that you bring your claim in a timely manner. Otherwise, you risk losing your right to file a claim, leaving you with no way to recover compensation for your injuries. 

Can Hospitals, Emergency Rooms, or Urgent Care Facilities Be Liable for Medical Malpractice?

Yes, hospitals, emergency rooms and urgent care facilities can all be held liable for medical malpractice. Liability can arise from the actions or negligence of its employees, which include doctors, nurses, technicians, and other staff. Liability can also stem from various circumstances, such as administrative errors, improper staff training, inadequate staffing, or failure to maintain a safe environment. Moreover, if the facility fails to properly verify the credentials of an attending physician, it can be held responsible for any negligent care provided by that physician. To establish liability, it must be demonstrated that the hospital’s negligence directly resulted in the patient’s harm or injury.

What Is the Average Settlement for Medical Malpractice in West Chester?

Medical malpractice cases are all very unique, each impacting a patient’s life differently. Thus, it’s almost impossible to come up with an accurate estimate in terms of the average settlement figure in a medical malpractice lawsuit. These amounts depend largely on the nature of the provider’s oversight and the harm the patient suffered as a result. Of course, those patients who suffer long-term, severe disabilities tend to recover higher damages awards than those whose injuries heal quickly. The best way to determine an approximate settlement figure is to meet with an experienced West Chester medical malpractice lawyer. They can listen to what happened to you and give you an honest assessment of your case’s potential value. 

Have You Been the Victim of Negligent Medical Care?

If you believe that you or a loved one was recently the victim of medical malpractice, the dedicated West Chester personal injury and medical malpractice lawyers at MyPhillyLawyer are here to help. With decades of experience handling some of the most complex and high-stakes cases in Pennsylvania, we have the knowledge, dedication, and heart to ensure your case ends in the best result possible. To learn more, and to schedule a free consultation today, give MyPhillyLawyer a call at 215-227-2727 or toll-free at (866) 352-4572. You can also connect with us through our online contact form.