You return home expecting to recover, but your symptoms become worse instead of improving. As new complications appear, you may wonder whether the harm could have been prevented. Philadelphia medical malpractice may apply when a healthcare provider’s negligence causes preventable injuries by failing to meet accepted medical standards.
A poor medical outcome does not automatically mean malpractice occurred. Successful claims usually require proof of duty, breach, causation, and damages supported by medical evidence. Our Philadelphia medical malpractice attorney can evaluate your case, explain whether negligence may have occurred, and help you protect your legal rights.
Table of Contents
- Check Whether the Care Qualifies as Malpractice
- Review Common Medical Negligence Scenarios
- Avoid Mistakes That Make Proof Harder
- How Can a Philadelphia Medical Malpractice Attorney Help
- Frequently Asked Questions
Check Whether the Care Qualifies as Malpractice
Separate a Poor Outcome From Negligence
Not all adverse medical events are instances of malpractice. Did they operate below standard for the condition? Are the results of treatment known to be risky? Not all disappointing treatment results are negligent. Patients tend to prove the elements of duty and breach, as well as the elements of causation and damages.
Prove the Mistake Caused Harm
Proving an error happened is not enough by itself. The error must cause an added injury, worsened condition, or avoidable loss. Causation examples may include a delayed diagnosis that worsened disease progression. Another example is a medication error that caused new complications.
Review Common Medical Negligence Scenarios
Spot Errors in Diagnosis, Treatment, or Medication
Common instances include misdiagnosis, late or erroneous diagnosis, wrong or inappropriate medications, and/or dosage mistakes. A claim can also include not ordering the needed tests. These cases usually depend on the symptoms, the tests, and the provider’s choice. A diagnosis error and/or medication error will support a claim only if there is avoidable injury.
Examine Hospital, Surgical, or Follow-Up Failures
There are many types of negligence caused by hospitals, such as poor monitoring, unsafe discharge, negligent surgery, poor infection control, and failing to act on abnormal results. Negligence may involve any combination of physicians, nurses, hospitals, clinics, laboratories, medical groups, or other providers. In Pennsylvania, professional liability lawsuits may require the filing of a certificate of merit in actions relating to the standards of practice for the profession. Significant documentation may include the operation report, nursing notes, charts, laboratory reports, and records of follow-up.
Avoid Mistakes That Make Proof Harder
Request Complete Records Before Details Fade
Documentation, timelines, and expert opinions are the foundation of a malpractice case. You will need to request other medical records such as medical charts, lab results, imaging results, records of medications and discharges, billing records, and any referral notes. You should save any insurance claim communications, along with your out-of-pocket medical bills and prescription expenses. You should also save any documentation from your medical therapy and your wages, as well as any documentation of work you lost.
Hold Settlement Talks Until Losses Are Clear
Settling early may gloss over the injury’s full cost. Future treatment stemming from some malpractice injuries may require surgery, therapy, medication, home care, or may impose work restrictions. The settlement value should account for all medical expenses and lost wages, along with future care, pain and suffering, decreased earning capacity, and long-term and permanent impairment. Before accepting a settlement, patients should be informed of their prognosis, their insurance coverage, and their legal rights.
How Can a Philadelphia Medical Malpractice Attorney Help
Use Experts to Test the Standard of Care
A Philadelphia medical malpractice attorney can help determine whether the facts support a valid personal injury claim based on medical malpractice. Legal help may include gathering records, building a timeline, and consulting medical experts. Experts can compare the provider’s actions with accepted medical standards. Expert review may also connect the mistake to the injury and long-term damages.
Calculate Damages and Watch Deadlines
A lawyer can determine who may be liable and what insurance may pay out. Compensation can be for medical bills and lost wages, future medical care and lost earning capacity, pain and suffering, and disability and disfigurement. Most of Pennsylvania’s injury claims based on negligence have a two-year statute of limitations. However, with medical malpractice claims, the statute of limitations can vary; therefore, the specifics of the timing should be considered as early as possible.
Frequently Asked Questions
What Counts as Medical Malpractice in Philadelphia?
Medical malpractice happens when a medical provider causes harm to a patient due to substandard medical care. A patient must typically show the presence of negligence, causation, and damages. Poor medical outcome alone is insufficient to show malpractice.
Is Every Medical Mistake Malpractice?
No. Some mistakes or complications may simply be unavoidable, and a legal claim may not be warranted. Malpractice typically pertains to a provider performing their duties below the benchmark for acceptable behavior in the field of medicine. In addition to demonstrating this failure, the patient must also show that this somehow caused an injury.
What Evidence Helps Prove a Malpractice Claim?
Evidence may include medical records, lab/test results, images, records of medications taken, hospital notes, and discharge papers. Other evidence may include billing records, expert opinions, letters from the insurance, wage records, and evidence of limitations that serve as an ongoing condition.
What Compensation May Be Available?
Medical costs, lost income, future medical expenses, diminished earning potential, suffering, pain and suffering, and disability costs may all be included in a settlement. Amounts will vary by level of negligence, liability and causation, and injury levels, available insurance, and potential settlement risks.
How Long Do You Have to File a Malpractice Case?
Pennsylvania provides two years to file many injury claims related to negligence. Some malpractice cases may involve unique timing concerns. The patient should look at the timing to protect their legal rights.
