Medical Malpractice and How to Prove a Claim

What can go wrong with medical procedures that can lead to further injuries?

Patient Being Examined in A Pennsylvania Doctors Office
credit image: Mackesy Smye

Medical malpractice issues occur when a patient is harmed by a doctor, a nurse, or any medical practitioner who was not able to give proper health care treatment. Doctors, nurses, medical professionals, and even hospitals make errors in small numbers, however when they do happen necessary action should be taken.

Take note that although a doctor may have made an error, or a patient was not satisfied with a specific treatment or its results does not mean that malpractice has “necessarily” occurred. To meet the legal requirements of medical malpractice, the doctor or the medical provider must be proven negligent in some way. This means that the doctor or the medical provider was unreasonably competent or skillful, and this incompetence has harmed the patient.

The Common Types of Medical Malpractices

Delayed or Misdiagnosis

Delayed or Misdiagnosis
image credit: Donahue & Horrow

When a doctor fails or misdiagnosis a condition for some time, the patient may miss the chances of treatment that he/she deserves. This may cause serious patient harm or even death. Misdiagnosis may result in the prescription of treatment that may not be appropriate for the patient and cause serious injury.

The key to a medical malpractice case is to show that the treating doctor did wrong and what a competent doctor should have done on diagnosing the condition. If a reasonably qualified doctor would not have made the same mistake under the same conditions, then the treating doctor may be held responsible for malpractice.

Childbirth Injuries

Mother Holding Newborn Baby's Hand
image credit: BBC

Medical malpractices can cause several injuries to a fetus during pregnancy or to an infant during the birth process. Some of these injuries are severe like brain injuries, full or partial paralysis, and fractured bones. Many of these cases, however, are caused by natural causes. But if the negligence of the doctor has caused any of these conditions, or if the doctor has failed to do something to treat a condition that results to these conditions, medical malpractice may have been committed.

Injuries can occur in different situations. If there is negligent medical treatment occurred during pregnancy, it could cause harm to the fetus, the mother, or both. Negligent prenatal care includes

  • failure to diagnose a medical condition of the mother (Rh incompatibility, anemia preeclampsia, hypoglycemia, or gestational diabetes)
  • failure to identify ectopic pregnancy, failure to identify birth defects
  • failure to diagnose an illness that can be infectious to the fetus (HIV, lupus, or herpes).

Negligence during childbirth can be due to

  • failure to diagnose birth complications caused by the size of the child
  • failure to know that the umbilical cord is entangled around the child
  • failure to administer a cesarean when it’s necessary
  • failure to address signs of fetal distress
  • inappropriate use of forceps or a vacuum extractor.

Medication Errors

medication errors
image credit: Goodwin & Scieszka

Medication errors occur in many forms. For instance, a doctor may make an error on the initial prescription, fail to observe a potentially harmful drug interaction, or administer a drug improperly. A common type of injury in a hospital setting is caused by wrong medication given to a wrong patient, but the most common medication errors involve improper dosage.

Anesthesia Errors

Anesthesia Malpractice
image credit: Dana and Dana

Anesthesia errors are rare but these can be very dangerous compared to surgery errors. A small error made by an anesthesiologist can lead to permanent injury, brain damage, or even death.

Common causes of malpractice made by anaesthesiologist include

  • failure to inform the patient of the preoperative procedure (such as not eating for a particular period of time before surgery)
  • failure to probe into the medical history of the patient for possible complications
  • failure to monitor the vital signs of the patients
  • use of defective equipment
  • administration of too much anesthesia
  • improper placement of a tube in the trachea to help the patient with breathing (intubation).

Surgical Errors

Surgical Malpractice in Philadelphia Operating Room
image credit: Burg Simpson

There are also cases where a surgeon makes a mistake in the operating room, like making errors during the surgery itself. Other common surgery errors include

  • operating on the wrong body part
  • puncturing an organ or blood vessel
  • leaving a piece of surgical equipment inside the patient’s body

Also, nurses may be negligent in postoperative care that can lead to giving wrong medications, failing to give sufficient instructions to the patient for their own postoperative recovery needs, or using an inappropriate procedure that can lead to infection.

What are the basic requirements for a medical malpractice claim?

You must show all of the following requirements to prove that medical malpractice happened:

A doctor-patient relationship does exist

You must show that there is a doctor-patient relationship between you and the physician you are using. This means that you employed the doctor and the doctor concurred to be employed. For instance, you cannot charge a doctor that you just overheard giving advice at a party. When the doctor started seeing you and treating you, it is easy to prove that there is a doctor-patient relationship existed. Usually, the questions of the existence of doctor-patient relationship arise where the consulting doctor did not treat you directly.

The physician was negligent

Being unsatisfied with the treatment or results does not necessarily mean that the physician is held responsible for medical malpractice. The physician must be negligent that involve treatment or diagnosis. The sued the doctor for malpractice, you must show that the doctor has caused you harm in a way that a competent physician with the same circumstances would not have. The physician’s care does not necessarily be the best, but should be “reasonably skillful and careful.” The key to a medical malpractice claim is whether the physician is reasonably skillful and careful. In most states, it is required that the patient show a medical professional to discuss the proper medical standard of care, showing that the physician deviated from that medical standard.

The injury is caused by the negligence of the doctor. Since there are many medical malpractice cases where the patients are already sick or injured, there is usually a question if what the doctor did, whether negligent or not, really caused the harm. For instance, if the patient dies after treatment for brain cancer, and the doctor did something negligent, it is difficult to show that the negligence of the doctor caused the patient’s death rather than cancer. The patient must prove that it is “more likely than not” that the incompetence of the doctor directly caused the injury. Most often, the patient must have a medical expert to testify that the negligence of the doctor caused the injury.

The injury results in specific damages. Although the doctor has clearly performed the expected standards in his/her field, you cannot pursue a medical malpractice claim if the patient did not suffer any harm. Common types of harm that the patients can claim are mental anguish, physical pain, lost work and earning capacity, and additional medical bills.

How to find the right lawyer

If you believe that you or anybody you know has suffered from medical malpractice, there is a legal way to get the compensation that you deserve. We will assign you a highly qualified Philadelphia medical malpractice attorney to speed up the process of getting compensated. The lawyer that will be assigned to you will assist you to get the maximum compensation from the doctor, medical staff, or the hospital liable to make sure that you receive the benefits properly.

We have a team of qualified and experienced medical malpractice lawyers to assist you to win your claim. Our team’s vast experience in handling medical malpractice makes us the best option for your case. We will also assist you in computing the number of benefits you are entitled to receive, depending on your condition and the severity of your injury. We consider each possible factor that can assist you to develop a strong case against the doctor, medical staff, or hospital liable for your medical malpractice benefits.

 

Different Types Of Personal Injury Laws

Personal Injury Laws

What are Personal Injury Lawsuits?

A Philadelphia Personal Injury Lawyer will protect you if you were injured at no fault of your own. Personal injury lawsuits are legal cases that arise when a person suffers injuries from an accident as a result of someone else negligence or fault. Personal injury cases are formal when the injured person moves to a civil court and files a lawsuit to prove that the accused person was at fault. However, not all personal injury cases are resolved in courts. Some personal injury disputes settle before a lawsuit occurs.

Person involved in Personal Injury Accident being loaded onto an ambulance

Unlike the criminal lawsuits that are usually initiated by government, personal injury lawsuits are generally undertaken by a private citizen (the plaintiff) when he/she files a civil complaint against the defendant (can be private citizen, government agency, corporation or business entity) alleging that they acted irresponsibly or carelessly in connection with injury or accident that caused harm. However, the two parties (plaintiff and defendant) can agree to solve the dispute out of court. In this case, the settlement will take place in the form of negotiation, and they can choose to resolve the issue at hand via payment that as agreed by both parties.

In personal injury lawsuits, the plaintiff usually has a limited timeline to file a personal injury lawsuit. The amount of time dictated by the statute of limitation usually begins when the petitioner is injured or discovers the injuries. Unlike criminal cases that are generally governed by law, personal injury law as traditionally developed via court decisions. However, some states have taken extra steps to follow the guidelines of personal injury laws. However, the court decision remains to be the primary source of legal lawsuits arising from injury or accidents.

A Philadelphia Personal Injury Lawyer Can Protect You In the following situations;

It is essential to note that the term personals injury law is a general term covering several cases. In this article, we are going to dwell deeper on different types of personal injury laws.

Medical malpractice

Medical Malpractice in Philadelphia

In the unfortunate scenario where a physician or any other professional in the medical field fails to provide proper medical care to the patient resulting in injuries, then that is referred to as medical malpractice. This is a serious situation which requires a Philadelphia Personal Injury Lawyer.

However, the complexity of this personal injury lawsuit usually differs from one patient to another depending on the injury that the patient is suffering from and the primary cause of the injury. If the harm that the patient has succumbed to was a direct caused as a result of negligence by the healthcare professional, then the outcome of the lawsuit will be more severe.

Medical malpractice usually refers to a mistake or negligence in treatment. When building the lawsuit, expert testimony is generally needed to confirm and verify the validity of the evidence presented. The patient could have a strong case if there were a wrongful diagnosis If he/she got treated against his/her wish. If the physician failed to inform the patient of the procedure, or if there was a lack of informed consent.

If an individual or entity is found guilty of medical malpractice, the following judgment may be issued. First, the court can compel the defendant to pay the accused a certain amount of money to act as compensation for damaged caused. The court can also, withdraw or suspend the license of the practitioner found guilty, give cautionary statement, fine or offer jail terms.

Dog Bites

Angry Dog Showing Teeth ready to bite in Pennsylvania

When it comes to personal injuries caused by animals, dog bites are the most common. It is crucial to note that rule guiding personal lawsuits caused by dog bites vary from one country to another and from state to state.

However, it is agreed universally that the person who is held liable in case a person is injured as a result of dog bites it is the owner of the dog regardless of whether the dog has proved to be aggressive in the recent past or not. If the court demonstrates that the dog has a history or being aggressive to humans and even giving bites that cause serious injuries, then the verdict that the court will issue will be more severe to the owner.

When it comes to deciding the responsibility that the dog owner will take as a result of a dog bite, the court will investigate to determine if the dog acted because it was provoked or not. If the jury finds out that the dog acted because it was motivated, then the owner will not be held liable for the injury caused by the dog. Therefore, it is up to the accuser to prove that the injury succumbs from dog bite was not as a result of provocation.

Car accidents

A Philadelphia Personal Injury Lawyer helped this family involved in a car accident

Auto accidents are without a doubt one of the most common types of cases that a Philadelphia Personal Injury Lawyer handles. Car accident refers to a crash caused by a vehicle including motorcycles, small cars, and trucks. This category also includes the scenario where a pedestrian is injured by a motor vehicle as a result of driver carelessness or negligence in follow traffic laws.

When the accusers file for a car accident lawsuit, he/she must prove beyond reasonable doubt that the accident that was caused was as a result of the defendant negligence or carelessness. If the defendant is found guilty, then he/she will be held liable, and the court will compel him/her to compensate the accuser for damages caused by accident. If the accident caused severe physical injuries or in worse cases death, then the court may offer jail term to the accused.

Defamation

Defamation Court Lawsuit

If an individual says something about you that is false with the aim of damaging your reputation, then you can file for a defamation lawsuit. If a hurtful statement is made in writing later published, then that type of defamation is known as libel. On the other hand, if the hurtful comment was spoken whether in private or public, then that type of defamation is known as slander.

When it comes to deciding the specifics of the case, the court usually takes into consideration the person who has been defamed, the exact place where the statement was made and the reason why that particular person decided to do so. When an accuser files for this type of personal injury lawsuit, he/she must be able to prove that the untrue statement that was made caused injuries (financial, emotional and psychological).

If the person who has been defamed is a public figure or celebrity, then the lawsuit becomes even more complicated because the impact of such a statement has more consequences for them. The accuser must prove that the accused made the untrue statement intentionally. If the defendant is found guilty, then the court may order the person to offer monetary compensation to the complainant.

Slip and fall

Person Slipping and Falling in Philadelphia Pennsylvania

Slip and fall lawsuits are the second most common type of personal injury cases so make sure you get a qualified Philadelphia Personal Injury Lawyer. Property owners have the responsibility of ensuring that the property is safe. In the instance where the building has something that endangers the lives of people using that particular building such as a slippery floor, the owner is supposed to warn visitors.

If someone else property injures an individual as a result of owner negligence, then the injured person has the right to file for lawsuit and demand compensation for injury succumbed. When determining the outcome of the case, the accuser must prove beyond reasonable doubt that the injury succumbed was as a result of owner’s negligence. Injuries caused by slip and fall can be minor or fatal depending on various factors.

Work-related accidents

work related accident in Philadelphia boot stepping on nail

When performing your duties as an employee then you succumb to injuries in your line of duty as a result of negligence on the employer part, then you can file for work-related lawsuit and demand for compensation for injuries causes. Sometime the employer may expose workers to danger that result to injury. For instance, in an employer fails to put property safety measure to protect workers who operate dangerous machines, some Workers can get injured while working. In that case, the injured worker can contact a Philadelphia Personal Injury Lawyer and file a lawsuit and demand compensation

Motorcycles accidents

Motorcycle Accident in Philadelphia, PA

Motorcycles accidents can cause fatal injuries or even death because they have not protection from other vehicles on the road. The main reason why motorcycle accidents have been on the rise is because of over speeding, disregarding the traffic laws and negligence by other drivers. If the injury succumbed by the motorcyclist is a result of other motorist negligence, then the injured person can file for a lawsuit and demand compensation and even arrest of the accused. If you were injured in a motorcycle accident, it is imperative that you contact a Philadelphia Personal Injury Lawyer.

The court will carefully analyze the evidence presented before they make their final decision. If the accident was fatal and resulted in serious injuries the court that sentence the guilty party to a jail term. However, if the injury were mild, then the two parties (plaintiff and defendant) can decide to solve the case out of court before it goes to trial.

Truck accident

Tractor Trailer Flipped Over in Philadelphia

Over the past few years, truck accidents have been on the rise. The number of road accidents caused by reckless truck drivers has been on the rise. If a ruck has injured you as a result of the reckless driver, you can file for lack accident lawsuit and demand for compensation for damages that you have gone through or even demand arrest of that particular driver. Make sure that you hire an experienced Philadelphia Personal Injury Lawyer.

However, before you present your case in court, you must be sure that you have gathered enough evidence that proves the accused (truck driver) was at fault. That is why it is important is to hire a competent lawyer to represent you in court. A truck accident lawyer will gather enough evidence to ensure that you present a strong case in court. This significantly increases your chance of winning the case and getting decent compensation from the injuries succumbed.

Product liability

Product Liability Lawsuit

Product liability claims usually arise when people get injured by the defecting or dangerous product. This product include things like automobile parts, household goods, prescription drugs among many others. some examples of injuries caused by product liability include a
a kid being cut by a toy that has sharp edges or a motorist causes an accident because the accelerator got stuck because of manufacturer defect.

In some cases, a particular product harms many people, the company that has manufactured that specific product are usually forced to recall the product from the market and compensates an individual who has been injured as a result of using that particular product. The verdict that the court will issue when product liability court is presented in court will depend on the evidence presented by the accuser and the extent of damage that the product has caused.

Mesothelioma

Mesothelioma Lung X-Ray Lawsuit in Philadelphia Court

Mesothelioma is a rare but deadly type of cancer that usually develops in the lining of the lungs, heart or abdomen as a result of prolonged exposure to asbestos. It is a preventable type of cancer only if necessary measures and put in place. If you have been exposed to asbestos without your knowledge that resulted in mesothelioma, you can take legal action against that particular asbestos company. Majority of mesothelioma lawsuits usually occur to compensation to the affected person or family of the affected person. If you present enough evidence in court that proves that you are suffering from mesothelioma as a result of negligence from a specific company, the court will compel the accused company to compensate you for damages caused.

Final note

If you have been injured as a result of another person negligence or carelessness, then don’t just sit down and let the accused walk away. Take immediate action and talk to Philadelphia personal injury lawyer and will help you file a substantial personal injury lawsuit. Before presenting the suit, the lawyer will first conduct a thorough investigation by reviewing facts, medical records, and the law to make sure that your lawsuit is clearly stated, supported as well as ensure that the case is in line with applicable laws that guide that your particular personal injury case. A Philadelphia personal injury lawyer will use their experience and thorough understanding of the law to ensure that you get decent compensation for injury succumbed. Regardless of whether your case goes to trial or not, one thing that you can be sure of is that you will benefit a lot if you hire the services of a competent attorney to handle your case.

Work Related Accidents Law

Work Related Injury

If you have been involved in work-related accident contact a work injury lawyer Philadelphia ASAP.

Many people have suffered various forms of workplace injury. If you were hurt at work because of no fault of your own, it is essential that you contact a work injury lawyer Philadelphia. The most common types of workplace injury include explosives, dangerous chemicals, injury from operating heavy machinery and equipment, slip and fall, electrocution, and flammable materials. Workplace accidents can occur to anyone in the workplace. Many construction workers have been victims of slip and fall. In fact, some of them have died from a dangerous fall. Even something as simple and falling downstairs can result in serious injuries, including a sprained ankle or a broken arm. There is no limit to the type of accident that can occur in the workplace.

work injury lawyer Philadelphia helped this man on a stretcher win his case

However, some occupations or jobs are more prone to accidents than others. For instance, construction or an industrial worker is more prone to work-related accidents than an office secretary. As they are usually sitting behind a desk and answering phone calls or scheduling appointments for the CEO. People that are handling cranes on a daily basis or electricians using a ladder could easily have an accident in the workplace. Other types of workplace accidents include chronic illnesses and amputation of the limbs by heavy cutting machinery.

What are your legal rights?

Safety in the workplace is the sole responsibility of the employer. Every employer must ensure a reasonably safe work environment for all employees. However, sometimes employers forget that they must fulfill and employees end up injured. At other times, employers do everything possible to ensure a reasonably safe workplace, but employees still end up with broken limbs and occupational illnesses. If something happens to you in the workplace, the first thing to do is report the accident to the employer within a reasonable time (immediately if possible).

In case of injury in the workplace, every employee has a right to:

– File a claim in the state’s industrial/ worker’s compensation court
– Pursue medical treatment or see a doctor for checkups
– Return to work upon release by the physician
– Access disability compensation if temporarily or permanently unable to work
– Appeal a decision ruled against you by the worker’s compensation court

How to find the right lawyer

If you get injured in the line of duty and are struggling with medical bills on your own, there is an avenue for you to get the compensation you deserve. We will assign you a highly qualified Philadelphia work injury attorney to speed up the process of getting compensated. The lawyer can help you get maximum compensation from the company responsible for ensuring you receive your benefits appropriately. We have a team of qualified and experienced workplace injury lawyers to help you win your case and foot your medical bills stress-free. Our vast experience in handling work-related accidents makes us the best choice for your case. We will also help you calculate the number of benefits you are entitled to receive, depending on your situation and the severity of your injury. We consider every possible factor that may help to develop a strong case against the company responsible for your worker’s compensation benefits. Call us today!

Choosing The Right Personal Injury Attorney In Philadelphia

Philadelphia personal injury Lawyer

Accidents can occur anywhere and at any time. If you were injured in an accident that was due to the carelessness or negligence of another party, it is imperative that you hire an experienced Philadelphia personal injury attorney to fight for your rights. When choosing your lawyer, remember that you will be putting your trust in someone to represent you and fight for your best interests. Thus, it is essential that you take your time and choose the right one. Not all Philadelphia accident lawyers practice personal injury, nor do they have the same experience and qualifications. Here are seven valuable tips to help you choose the right personal injury attorney in Philadelphia.

Auto Accident where Philadelphia personal injury Attorney won the case
Auto Accident

Consider Your Attorney’s Reputation

The reputation of your accident Philadelphia Personal Injury Attorney can go a long way when it comes to resolving cases fairly and quickly. It’s because of the attorney’s previous dealing with insurance companies. As well attorneys in other areas as well as the court in which they practice. The reputation of an attorney is vital as it precedes them not only from the plaintiff’s perspective but also the courts perspective and other party’s perspective. It allows you to recover as much compensation as you can.

Go for an Experienced Accident Attorney

The experience of your attorney is essential when it comes to investigating and assessing a claim. Hiring an attorney who knows what to look for, where to look for it and understands the meaning of your case can make all the difference. Experienced accident attorneys from top law firms have handled many similar cases before successfully. They know all the rules and regulations involved while filing the suit. An experienced attorney also knows the kind of evidence that is required to help you win the case. The lawyer will help you fight for your rightful compensation the easy way.

Communication is Extremely Important

Communication is vital, especially those with severe impairments caused by the accident. As with any lawyer-client relationship, hiring an injury attorney means having to work on a personal level of multiple appointments. You certainly cannot expect to build a solid case with your medical malpractice attorney without open communication. Thus, it is recommendable that you choose an accident a Philadelphia Personal Injury Attorney who is responsive to your needs. Additionally, a lawyer with excellent communication skills will be able to represent you well and communicate all your interests to other party and the judge well.

Trial Experience is Also Vital

Insurance companies will be willing to conclude cases much faster and for higher amounts when they know that your accident lawyer is not afraid of trial. Lawyers with a good trial experience also have special tricks and tactics to help their clients win their cases. They know the kind of evidence that is required in a court of law, and how to present it before the judge for special consideration. Thus, apart from the usual experience, go for an injury attorney who has long trial experience.

Ask for the Lawyer’s Credentials

Do not be afraid to inquire about the lawyer’s education, past results, board certifications, awards and other credentials. A reputable car accident lawyer should not be afraid to explain why they are the best for your case. Also, your lawyer should have positive reviews from clients who are content with his or her services.

Choose a Committed Attorney

Commitment here refers to the amount of time the lawyer will be willing to commit to your handling the affairs of your case. Choose an accident lawyer who is willing to invest a reasonable amount of time to process your situation. The lawyer should be committed to helping you fight for the rightful compensation from the other party’s insurance company. With a highly committed and trustworthy attorney, you have a higher chance of getting your case resolved within the shortest possible time.

Ask About Their Fee Structure

Even though most accident cases are on a contingency basis, it is imperative to ask your Philadelphia Personal Injury Attorney what percent of your award they will take towards their legal fees. It is essential you ask your attorney about the arrangements they may have regarding expert witness. Avoid lawyers who ask for their fees upfront before work is complete.

With a good understanding of the above seven tips, you will undoubtedly have an easy time choosing your injury lawyer. Once you get the right attorney; schedule a free consultation to start preparing for your case.