Medical Malpractice Lawyer Philadelphia
Medical errors kill and seriously injure hundreds of thousands of Americans every year. Medical malpractice is a legal term that is used to describe professional negligence by act or omission by a health care provider. When medical professionals fail to adhere to the accepted standard of practice in the medical community, and cause injury or even death to the patient, they are considered to have committed malpractice. Medical malpractice may occur in the initial diagnosis of a patient, when a doctor fails to notice an important symptom or simply does not recognize a serious illness and discharged the patient. Malpractice may also occur before or during any type of medical treatment or in post-operative patient care. Patient medical malpractice injuries frequently result from delayed diagnosis, misdiagnosis, infections, surgical errors, or treatment errors.
According to the National Institute of Health statistics, almost 200,000 people die every year due to medical errors in the U.S. 2,000 people die each year from unnecessary surgery. 106,000 people are killed annually due to dangerous medication side effects. Between 15,000 and 19,000 malpractice suits are brought against doctors each year. 50% of all medical malpractice cases are filed against surgeons.
Unfortunately, medical mistakes are usually severe and even life-threatening. Injuries such as these are considered "catastrophic" because they can become worse over time, and demand continual medical attention, correction, and observation. Catastrophic injuries often alter the injured patient's quality of life. A patient who has sustained a catastrophic injury as a result of medical malpractice will usually have an array of physical and/or mental complications that will prevent him/her from returning to work or functioning at his/her normal capacity.
Personal Injury Law & Malpractice
Personal injury law is a legal practice area that governs monetary compensation for physical, mental, or emotional injuries that have been sustained as a result of negligence. In cases involving medical mistakes, the patient's physician, surgeon, or medical care provider is usually regarded as the negligent party subject to legal action. When a patient is injured by a medical professional in Philadelphia, he/she may seek monetary damages from the medical professional. These damages may cover the patient's medical expenses, lost wages, lost future wages, emotional distress, mental impairment, physical impairment, pain and suffering.
Statute of Limitations
In Pennsylvania, malpractice actions are actions for injury to the person or wrongful death, which must be brought within two years. Pennsylvania courts have adopted a discovery rule for injuries to the person. It means that the statute does not begin to run until the injured party discovers or reasonably should discover that he has been injured by another's conduct. The discovery rule does not apply in death cases. For malpractice cases arising on or after March 20, 2002, the discovery rule is limited by a seven-year statute of repose that runs from the date of the act. This does not apply to foreign objects unintentionally left in the body, nor does it require a minor to commence an action prior to age twenty.
Pennsylvania is a modified comparative negligence state. An injured person's recovery is barred only if his or her contributory negligence is greater than the causal negligence of the defendants against whom recovery is sought. Otherwise, the plaintiff's damages are reduced in proportion to the amount of negligence attributable to him.
Multiple Responsible Parties
Medical malpractice liability is joint and several. It means that each defendant is assigned an amount based on his or her percentage of causal negligence. However, a plaintiff may recover the full amount of a judgment from any defendant. In some malpractice cases, the injured party may sue the hospital where the procedure was performed. A hospital may be liable under the vicarious liability principle for the acts of a physician who is either employed by the hospital or is on its staff but not an employee.
Pennsylvania does not impose a cap on compensatory damages, but it does have a program of state-sponsored excess insurance. Punitive damages may be awarded against a physician, but cannot exceed 200 percent of compensatory damages absent intentional misconduct.
Philadelphia Medical Malpractice Lawyer
If you think that something was just not right in your care, a medical malpractice lawyer in Philadelphia can help determine if there is actually a case of malpractice by a health care professional. Unlike a car accident, where the wreckage is clear, medical malpractice can leave the victim wondering if they are imagining things, because the health care professional will often try to cover their own tracks and the victim will be inclined to believe them because of their years of education and experience. If you think something is wrong or if you were clearly injured contact a medical malpractice lawyer immediately to find out your next step.
A health care professional not taking action where needed, and causing harm to the patient is called medicinal negligence and is malpractice as much as if they took action that caused harm or further injury.
Medical Malpractice May Include:
- Prescription Errors
- Problems During or After Surgery
- Doctor Not Meeting a Minimum Standard of Care
- Failure to Diagnose Cancer
- Anesthesia Injury or Failure
- Emergency Room Negligence
- Birth Injuries
- Cerebral Palsy
- Wrongful Death
- Personal Injury
If you are unsure if you have a case, but feel that something is wrong with you or your child's care or are left injured, time is important. There is a 2 year statute of limitations. If you feel you were injured by a medical mistake, contact a Philadelphia medical malpractice lawyer.
Getting the help you deserve is not about revenge. It is about receiving the care you need for the duration of your injury, and compensation for the expensive medical bills associated with the injury or neglect directly caused by a medical professional. For example, in cases were a birth injury harms a baby permanently, the parents will carry the burden the child's medical care and costs throughout their life, unless the health care professional that caused the harm is held responsible.
An experienced medical malpractice attorney in Philadelphia can guide you through your case and let you know if there was malpractice. Absolutely no fees are required upfront, and there is absolutely no fee unless we win. In most cases our Philadelphia medical malpractice lawyers will not take your case unless it is clear a wrong has been done and you are entitled to compensation due to the breach of the standard of care by the medical professional. A simple phone call can clear up the confusion you may be feeling after an injury at the hands of a medical professional, so call one of our medical malpractice attorneys in Philadelphia today to ease your mind.
Why You Need an Attorney
It is impossible for a medical mistake victim to know if their claim has merit and is worth fighting for in court without first consulting an attorney. The best advice will come from a lawyer who is experienced in handling these cases. Out of all types of personal injury cases, malpractice cases are the most complex ones. They require a lot of investigation, including working with several medical experts and researching the medical aspect of the case. The facts necessary to prove a malpractice case are based on the medical records of the hospital, medical center, or doctor's office and testimony of medical experts.
An experienced Pennsylvania malpractice attorney must understand the facts of medicine and the law to effectively prepare expert medical witnesses whose testimony is necessary for any successful malpractice or negligence case. At trial, your attorney needs to be able to explain the medical and legal issues to the jury and judge to recover the best settlement or verdict. The experienced attorneys at the Lassen Law Firm will get you the maximum compensation available under Pennsylvania law.
The Lassen Law Firm only deducts a 29% contingency fee, not the standard 40-45% like other firms. We serve ALL of Pennsylvania. We can sign you up over the phone and start working on your case today.
The Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102