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Malpractice cases are caused by any number of mistakes from medical misdiagnosis to anesthesia errors and from failing to follow a standard treatment protocol to surgical errors. A medical malpractice lawyer can file a medical malpractice claim against hospitals, medical corporations, clinics, individual doctors, physician’s groups, nurses, technicians and insurance companies.
Having MyPhillyLawyer on my team was a blessing for me. MyphillyLawyer was very understanding, friendly and caring. I had worked with other lawyers before no one comes close to MyPhillyLawyer.
- Lisa Cottom
Philadelphia Medical Malpractice Lawyer
Medical malpractice, also referred to as medical negligence, is the professional misconduct of doctors, nurses, technicians and other medical professionals. In Pennsylvania there must be a preliminary finding of negligence on the part of a physician before a medical malpractice suit may proceed. Medical malpractice lawyers file lawsuits based on the negligent conduct of those individuals and entities. Medical errors do not receive the same attention as major accidents, and can be hidden if not reported.
What is medical malpractice?
When health care professionals, through a negligent act or omission, harm or injure a patient, the negligence is known as medical malpractice. The negligence may be in the form of errors in health management or treatment, aftercare or in diagnosis. The negligence may also be the result of failing to act or failing to act promptly.
Misdiagnosis is one of the most common types of malpractice. Infections and cancer are two of the conditions most likely to be misdiagnosed.
How prevalent is medical malpractice in Pennsylvania?
Over the last 10 years in Pennsylvania, medical malpractice settlements and claims, as documented by the state Insurance Department fund, have held relatively steady, averaging 379 claims and $461,052 in awards. However, the number of unanticipated medical accidents or errors in hospitals, other health care facilities and nursing homes grew by 327 percent to 302,515 between calendar years 2004 and 2017 said the Pennsylvania Patient Safety Authority (PSA).
If you have been injured, it is essential that you begin the investigative process as soon as possible. Our lawyers have more than 100 years of combined legal experience and we know how to handle medical malpractice lawsuits that result in obtaining fair and equitable compensation for your injuries.
Common Types of Medical Errors
The most common acts of negligence include, but are not limited to:
Fractures
Fractures during surgery
Misdiagnosis
Or failure to diagnose
Foreign object(s)
left in body during surgery
Medication
Wrong dosage
Misread scans
For cancer or infections
Giving Medication
to patient with known allergy
Serious Injury and Death
The most serious outcome of medical malpractice is death. In fact, death as a result of medical malpractice ranks at 19 percent of the total claims filed. Significant permanent injuries, also rank at 19 percent of all claims filed. Major permanent injuries rank at 18 percent of all filed claims. Furthermore, quadriplegia and traumatic brain damage fall at 12 percent of total filed claims.
Misdiagnosis and Surgical Errors
Surgical mistakes account for roughly 33 percent of medical malpractice claims for inpatient incidents. Misdiagnosis is responsible for nearly 50 percent of all malpractice claims for outpatient incidents. Out of the various medical disciplines and departments, obstetricians/gynecologists are defendants in virtually 20 percent of all medical malpractice lawsuits with primary care doctors and general surgeons a close second.
How a Medical Malpractice Attorney Builds a Case
Medical malpractice attorneys work to prove four elements in a successful medical negligence case. These elements are:
Duty
That the doctor or other medical professional had a legal duty of care to the patient.
Breach
That a breach of that legal duty of care occurred due to negligence.
Causation
That there is a direct line connection between the breach of care and the patient's injury.
Harm
The patient sustained serious damages or injuries as a result of a breach of care.
Building a Case
Medical malpractice attorneys complete the same education as other lawyers, and that is seven years studying for and obtaining an undergraduate degree and a law degree and passing the bar exam in the state in which they wish to practice. An attorney wishing to specialize or pursue medical malpractice cases may also be board certified and meet exacting standards in the areas of education, ethics, experience, examination and excellence in professional liability law.
A medical malpractice lawyer builds their case around the four elements necessary to win such a case. That process includes, but is not limited to:
Conducting research
Working with medical experts
Retaining expert witnesses
Analyzing Medical Records
independent medical examinations
Taking depositions
Statute of Limitation for Medical Malpractice Cases
There is typically no quick resolution for a medical malpractice lawsuit. Most injured victims wait roughly one year or longer before the suit is filed and then, the case may take two years or more to reach resolution.
The statute of limitations for a medical malpractice claim in Pennsylvania and New Jersey is generally two years. The statute begins when the patient discovers – or should have discovered – the injury. The statute of limitations for minors is generally until age 20.
Never Events
The term, "never event" was coined by Dr. Ken Kizer in 2001. The term was intended to describe medical mistakes that are so shocking that they should never happen. Such events are the least frequent types of medical error, but they can cause catastrophic damages. Examples of never events include:
- Wrong-patient surgery
- Wrong-site surgery
- Wrong donor used in artificial insemination (sperm or egg)
- Not communicating diagnostic results to a patient, causing injury or death
Medical Malpractice Damages
Medical malpractice jury trials tend to result in high median damage awards. Furthermore, awards in medical malpractice trials are 17 times greater than awards in tort actions. The average jury award in a medical negligence lawsuit is roughly twice that of the average negotiated settlement arrived at outside the courthouse.
The top five states across the nation for significant medical malpractice settlements are: New York, Pennsylvania, California, New Jersey and Florida.
Over 43 states permit punitive damages in medical malpractice actions and more than half do not place any limits on punitive damages. Punitive damages can be quite high and at times exceed the figure awarded for compensatory damages.
Experienced Medical Malpractice Attorneys
Our lawyers have more than 100 years of combined experience handling medical malpractice cases, including:
- Birth Injuries
- Placental Abruption
- Cerebral Palsy
- Erb's Palsy
- Fetal Acidosis
- Hypoxic Brain Injury
- Preeclampsia
- Shoulder Dystocia
- Premature Rupture of the Membrane
- Umbilical Cord Complication
- Emergency C-Section
- Fetal Distress/Fetal Monitoring
- Emergency Room Failures
- Complications of PROM
- Surgical Error
- Anesthesia Error & Coma
- Post-Surgical Error
- Emergency Room Errors
- Hospital Error
- Nurse Malpractice Attorney
- Psychiatrist Malpractice
- Nursing Home Abuse
- Nursing Home Fall Cases
- Medication Error in Nursing Homes
- Medication Errors
- Improper Diagnosis & Treatment
- Failure to Diagnose Breast Cancer
- Failure to Diagnose
- Misdiagnosis of a Stroke
- Misdiagnosis of a Heart Attack
- Radiological Errors
- Excessive Wait Time
- Special Needs Abuse
Contact Us Today: Call 215-254-6391
If you believe you have been a victim of medical malpractice, contact MyPhillyLawyer today at 215-914-5471 or call toll free (866) 907-2231. The sooner you reach out and talk to us, the sooner we can start investigating your case and secure important evidence that may be lost, and interview staff, which may be transferred to another location.
No recovery… no fees or costs… guaranteed.
Our Record of Success: Verdicts & Settlements
These are just examples of the injury cases we successfully handle every year. Our Philadelphia law firm recovers millions of dollars annually for clients.
0MILLION
Birth injury causing brain damage0MILLION
Brain injury from ATV accident0MILLION
Tractor Trailer collision resulting in death0MILLION
Defective transvaginal mesh0MILLION
Car crash resulting in shattered hipFrom our clients
