When a patient receives medical attention that’s below the professional standard of care and that care then results in an ensuing injury and subsequent damages, Pennsylvania’s laws allow them to pursue a medical malpractice claim to compensate the victim for those damages.
But it’s important to realize that bringing a medical malpractice case comes with an assortment of legal challenges. Medical malpractice claims are often time-consuming, complex, and expensive. It is not enough that a patient was harmed due to the action or inaction of a physician. It must be proved that a doctor violated the applicable standard of care.
What is the standard of care?
The standard of care means that a physician must have the same knowledge and skill and use the same care normally used in the medical profession. A physician whose conduct falls below this standard of care is negligent. If the doctor is a specialist, then the medical specialist must possess the same knowledge and skill and use the same care as others in that same medical specialty.
A physician must have medical skills and knowledge that are up-to-date. If the doctor fails to keep current or fails to use current knowledge in the medical treatment of the patient, then the physician is negligent.
To win a medical malpractice case, it is necessary to prove that the defendant physician violated the standard of care.
Medical professionals will put up a fierce fight when they’re accused of violating the standard of care. Doctors and healthcare professionals may see medical malpractice claims and their alleged medical errors as a serious affront to their reputations. Doctors also contend that even despite the best of care, not all medical procedures will be successful. Even a doctor that follows the standard of care may harm a patient when there are inherent risks involved with that type of treatment.
As a result, Philadelphia medical malpractice victims face legal challenges in obtaining their full and rightful compensation for their damages. It takes hard work, a thorough investigation, and diligence to win. This is why it’s crucial to have an experienced medical malpractice lawyer advocating for your legal rights with insurance companies and healthcare providers in order to have your medical bills and other damages adequately recovered.
With the help of our medical malpractice attorneys, you or your loved one can receive justice for the injuries inflicted by your medical providers.
On this page, we’re going to go over the details that are crucial to any medical malpractice claim, the common types of medical malpractice, and how you can ultimately file and prove your claim. So if you or a family member believe you’ve suffered from a form of medical malpractice, you shouldn’t hesitate to reach out to us for a free consultation. We will review the details of your situation and point you in the right direction for obtaining a successful medical negligence claim.
What is Medical Malpractice?
Medical malpractice within the purview of Pennsylvania law entails a healthcare professional’s overall failure to meet the applicable standard of care. This can, of course, take many different forms, but the two main legal requirements that we will ultimately have to prove to include the following:
- Your medical professionals or hospital violated the medical standard of care
- This failure to abide by the medical standard of care directly lead to your injuries/damages
Some common examples of medical malpractice include the following:
- Surgical errors/Emergency room errors
- Providing an improper/false diagnosis, or any other type of misdiagnosis
- Delayed diagnosis/Failure to diagnose
- Brain damage/Cerebral palsy due to negligent medical errors/medication errors
- Providing an inaccurate prescription
- Not obtaining a patient’s consent prior to surgery
- Birth injuries
- Anesthesia errors
- Wrongful death
Any type of omission in the treatment of a patient, or negligent act that ultimately injures a patient, can form the foundations of a medical malpractice claim. There’s no denying that these personal injury claims are challenging, and they will require experienced Philadelphia medical malpractice lawyers.
Our team of Pennsylvania medical malpractice attorneys will fight to successfully establish your claim and hold your negligent healthcare professionals fully accountable for their actions in violating the standard of care.
Proving That the Qualifications of Medical Malpractice Apply to You
Not all poor medical outcomes constitute a medical malpractice claim, and there are specific circumstances that qualify as medical malpractice.
A lot of injured patients are left wondering if they have a medical malpractice case or not, and we’re always here to answer these types of questions. The following are some of the questions that help determine the validity of your potential medical malpractice case:
Were you owed a duty of care?
This simply means that your medical team had a professional obligation to you and to provide your treatment. Doctors and hospitals owe their patients a duty of care that abides by their industry’s professional standards.
Was there a breach of the duty of care?
The standard associated with a medical team’s duty of care essentially is how healthcare professionals are supposed to treat their patients. There are always specific procedures that healthcare teams must follow given certain symptoms and specific situations, and if a doctor or hospital fails to follow these procedures then they subsequently failed to abide by the industry’s standard of care. They breached their duty to follow the standard of care.
Proving this crucial factor within any medical malpractice case requires the assistance of medical expert testimony.
Did an injury occur?
It may seem rather obvious, but one of the main requirements in medical malpractice cases is the fact that the patient suffered from a serious, physical injury. Without an actual injury, it would not be feasible to bring a medical malpractice action. Even if a doctor violated the standard of care but no injury occurred, the costs of bringing that action would be outweighed by any recovery. A claim should be based on an actual injury.
Did the violation of the duty of care harm you?
Your injury has to be directly related to the violation of the standard of care by your doctor or healthcare professional. If you weren’t harmed by the failure to abide by the standard of care, then this violation of the duty of care is irrelevant to your medical malpractice case.
It must be apparent and proven that your injuries were established or exacerbated by a specific violation of the standard of care that your medical professional owed to you.
If a violation occurred and the injury resulted, then any case would need to be brought within the applicable statute of limitations. This is the time limit you have in which to file suit in court. Generally, it is two (2) years from the date of the malpractice. At times, this can be extended if a patient would not have reasonably known about the malpractice until a later time.
Filing a Medical Malpractice Claim
The team at Mattiacci Law, LLC is here to assist you or your loved one in terms of properly filing your medical malpractice claim and ensuring that you’re provided with aggressive representation that holds your negligent medical providers accountable.
Medical malpractice is a very complex legal issue, which is why it’s crucial that you hire a medical malpractice law firm that can coordinate with skilled medical experts to help present the best possible case.
If you believe that you or a family member was the victim of medical malpractice, it’s imperative that you contact us for a free consultation so we can review your case, answer your questions, and ultimately provide you with the legal advice that will help set you on the right course toward a legal recovery.