Seeking Justice After Medical Malpractice

When we go to a medical professional for help, they have a legal obligation to provide us with a certain standard of care. If a medical professional fails to meet that standard and the results cause us to suffer serious injuries, they should be held responsible for the consequences. Even when a case of malpractice is apparent, health care providers will often fight tooth and nail to avoid any liability.

At Astor Weiss Kaplan & Mandel LLP, we know how to hold those responsible for your malpractice injuries accountable for their actions. We have upheld the Philadelphia tradition of seeking justice for our clients for over 70 years, and we use our decades of experience to maximize the compensation our clients receive for their injuries.

What Constitutes Medical Malpractice?

There are various ways malpractice can occur, many of which a victim may not even realize they have suffered from. Common examples of medical malpractice include:

• Surgical errors
• Birth and delivery errors
• Testing errors
• Diagnosis errors
• Delayed diagnosis
• Anesthesia errors
• Prescription errors, like wrong dosage or incorrect prescription

These injuries can result in significant pain, nerve damage, paralysis, worsened conditions of injuries or illness, numbness, additional operations or treatment, and even death. No matter what kind of injury you experienced or its consequences, we will work with you to provide you with the representation you need to be made whole to the full extent of the law.

Frequently Asked Questions About Medical Malpractice In Pennsylvania

Medical malpractice can destroy your trust in your health care providers and leave you with devastating injuries. It is only natural to have a lot of questions. Here are some questions we hear most often:

How do I know if I have a medical malpractice case?

It can be very difficult to tell if you or your loved one is the victim of medical malpractice.  You may be a victim of medical malpractice when:

• You did not give informed consent to a procedure, meaning that you were subjected to treatments you did not want or the doctor failed to fully explain the risks of treatment.
• You have suffered an unusual outcome and severe complications, especially if you developed a hospital-acquired infection after treatment.
• You were misdiagnosed with an illness you do not have, or your illness was entirely missed – meaning that your symptoms were dismissed without proper testing or treatment.
• There were errors made during your surgery, such as surgical items left behind in your body, the wrong body part was operated on or the wrong surgery was performed.
• Your health care provider failed to follow up on your condition or did not monitor your condition long enough and you ended up being readmitted to the hospital after a discharge.

These are just some of the possible signs of medical malpractice. If you suspect you have been victimized, you should seek legal guidance.

What should I do if I suspect medical malpractice?

If you suspect medical malpractice, it is always best to speak to an attorney. An experienced medical malpractice lawyer can evaluate your situation and help you assess your legal options.

What types of damages can I recover in a medical malpractice lawsuit?

There are three kinds of possible damages, or compensation, available to Pennsylvania medical malpractice victims:

• Economic damages include compensation for any financial losses associated with your injuries, such as your medical bills, long-term care needs and lost wages, and lost earning capacity.
• Noneconomic damages include compensation for things like your pain and suffering or lost enjoyment of life.
• Punitive damages are monetary awards designed to punish the defendant for particularly egregious behavior, so they are very rare in medical malpractice cases.

How long do I have to file a medical malpractice lawsuit in Pennsylvania?

You have just two years from the date of the malpractice or when you should have reasonably discovered the malpractice to file a medical malpractice lawsuit.

You do not want to wait very long to seek attorney representation because medical malpractice lawsuits involve numerous steps before they can be filed. If you delay, you could be time-barred from making a claim forever.

What is the process for filing a medical malpractice claim?

Initially, you should seek the guidance of an experienced medical malpractice lawyer. Your attorney will have access to the necessary resources to assess your case. One of the initial steps involves having your medical records reviewed by an independent medical expert to  get their opinion on the care provided to you.  Without another medical expert giving the opinion that there was malpractice, your case cannot proceed.  A skilled medical malpractice lawyer will know who to call and what to ask.

What evidence is needed to prove a medical malpractice claim?

To win a medical malpractice claim, you have to show that you were owed a certain duty of care by a hospital, doctor or other medical provider, and that duty was breached through negligence or some other error. You must also show that you are injured and that the medical provider’s breach of duty was the cause of your injuries.

Can I still file a medical malpractice lawsuit if I signed a consent form?

Yes. There are many different types of medical malpractice, and a consent for treatment form does not absolve a medical provider from all acts of negligence.

Begin Building Your Claim

When it comes to taking on the large legal teams of a hospital or doctor’s office, time is one of the most valuable resources you can have in your case. Give us the most time possible to earn the outcome you deserve in your claim by contacting us today. Call our offices in Philadelphia, Pennsylvania, Mt. Laurel, New Jersey, Wayne, Pennsylvania and Bala Cynwyd, Pennsylvania at 215-790-0100 or email us here. The sooner you reach out to us, the better, so do not wait another day to seek justice after your medical malpractice injuries.