Philadelphia Medical Malpractice Lawyers

The relationship between a patient and a doctor depends on trust. As a recent article reminds us, doctors might examine the same patient but arrive at different diagnostic opinions and/or recommend different treatment protocols. What happens when multiple opinions are offered? Perhaps a patient may make decisions based on the trust he or she feels with a certain doctor. No wonder, then, that some patients may feel a betrayal in trust if their treatments result in serious injuries, illnesses, or other consequences because of alleged medical negligence or mistakes.

As attorneys that focus on medical malpractice litigation, we know that jurors in a court of law may be asked to define the applicable standard of medical care before determining whether a doctor’s actions breached that duty. Yet when even medical experts may offer conflicting testimony in court, how can jurors reach a consensus?

There may be no single answer, as many attorneys agree that jury behavior can be unpredictable. Nevertheless, experienced attorneys understand that litigation strategy can greatly influence a jury’s decision. Opinions may differ, yet there may still be a consensus regarding a preferred treatment approach. We can investigate a claim and arrange for experts that will testify to the appropriate standard of care.

Yes, doctors must make judgment calls, but accepting responsibility for their mistakes or medical negligence is also a part of their job. For that reason, if a doctor disagreed with a previous provider’s care, the failure to act according to his or her own judgment might be interpreted as negligence. Similarly, if medical treatment is not bringing the expected result, a doctor should take appropriate action. The exact actions may depend on a patient’s condition, but our website offers several examples of how we have helped patients who suffered injuries due to the negligence of hospital staff or doctors.

We work hard to get compensation for those who have suffered serious injuries or wrongful death due to the negligence of doctors, nurses or hospital management.

We have more than 40 years of experience in dealing with medical mistakes, such as:

• Birth injuries – including cerebral palsy, Erb’s palsy, vacuum extraction injuries, and brain damage
• Incorrect diagnosis – Including failure to diagnose cancer or heart disease
• Improper treatment – Resulting in infection or other complications
• Early release
• Experimental procedures
• Surgical errors
• Pharmaceutical errors
• Lack of proper medical training
• Incorrect or badly managed medical records
• Poorly run medical facility

To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.

Failure to make the correct diagnosis, birth injuries and medication errors.

Misdiagnosis or delayed diagnosis, failure to treat, prescription drug errors, surgical or procedural errors, childbirth injuries.

Subject to some exceptions, Pennsylvania has a 2-year statute of limitations for filing a medical malpractice lawsuit. This means that a patient has 2 years starting from the date of the medical provider’s act of malpractice within which to bring a lawsuit.

Medical malpractice in Pennsylvania is generally defined as negligent or unskilled treatment by a healthcare professional that deviates from accepted medical care standards and results in injury to the patient.

Jury Verdict Outcomes –The findings have been remarkably consistent. Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence.

The average settlement for a medical malpractice case varies, depending on factors such as the type and severity of the injury, whether there was a death involved, and the year and state where the case took place. In 2018, Pennsylvania had the second highest state average after New York, but this doesn’t necessarily mean you can expect to receive compensation that matches an average amount. Each medical malpractice case and each settlement amount is unique.