We trust healthcare professionals to take care of us. Whether we are having an emergency or trusting them with our continued health needs, the last thing we think about is that we will be harmed. Unfortunately, medical mistakes happen much more likely than most people realize.
When you need a Philadelphia medical malpractice lawyer, Soloff & Zervanos Personal Injury Attorneys is ready to step in and help. Our personal injury attorneys understand this area of law and will work to secure compensation for all of your incident-related expenses.
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, resulting in harm or injury to a patient. Many types of malpractice cases can arise from various forms of negligence. While surgical errors and misdiagnosis are commonly known examples, malpractice can take many other forms as well.
Surgical mistakes may involve operating on the wrong site, leaving instruments inside the body, or causing nerve damage. Medication errors happen when the wrong drug or dosage is prescribed, drug interactions are overlooked, or medication is administered incorrectly. Misdiagnosis or delayed diagnosis is another frequent cause of malpractice, where a provider fails to correctly identify a disease or condition in time, allowing it to worsen. Birth injuries, such as cerebral palsy or nerve damage during delivery, may also be the result of medical negligence. Anesthesia errors can be particularly serious, including overdosing or failing to properly monitor the patient, sometimes leading to permanent brain damage or death.
Other common types of malpractice include failure to obtain informed consent before procedures, emergency room negligence, like delays in treatment or mis-triaging, hospital issues, such as unsanitary conditions or understaffing, nursing home abuse or neglect, errors in radiology, such as misreading X-rays, and mistakes in laboratory testing that lead to incorrect diagnoses. Each type of case involves unique challenges but shares the common factor of negligence causing patient harm.
There are not too many people who go a few months without seeing a medical professional. Think about how many of the following you interact with over the course of a year:
All of these professionals perform valuable jobs and do what they can to keep us healthy. However, did you know that medical mistakes are the third leading cause of death in the United States? Johns Hopkins researchers say an average of 250,000 people lose their lives each year due to medical mistakes. Millions more are injured and are left living with the consequences.
These mistakes occur in a variety of ways, but revolve around the following:
Researchers say that errors made when diagnosing patients cause more patient suffering and expense than any other mistake. Diagnostic mistakes can lead to early discharges, delayed treatment, or a patient never being treated at all.
One out of every 30 patients in the hospital acquires an infection each day. It is up to medical staff to check infection prone sites on patients regularly: IV sites, recent surgical sites, open wounds, etc. All staff should also properly disinfect surfaces and themselves in between each patient they see.
We know that medication errors harm an estimated 1.5 million people each year. This can be due to a patient not receiving the correct medication, receiving the wrong dosage, or not receiving their medication at all.
Surgical mistakes can range in severity. You may have heard of the “never events” that can occur – leaving surgical instruments inside of a person, operating on the wrong body part, etc. However, there are more “minor” surgical errors that can be just as deadly.
An attorney in Philadelphia could review a situation and determine if a medical malpractice claim is possible.
Holding healthcare providers accountable for malpractice is important not only to help injured patients receive compensation but also to improve medical safety overall. When hospitals and practitioners face legal consequences for negligence, it creates an incentive to review and revise their policies and procedures. For instance, malpractice cases have often prompted hospitals to adopt stricter surgical checklists and safety time-outs to avoid wrong-site surgeries. They also lead to better medication administration protocols and enhanced training for staff to prevent errors.
Communication systems between departments may be improved to reduce diagnostic mistakes. Furthermore, hospitals might invest in stronger patient monitoring and incident reporting systems, and adjust staffing levels to ensure patients receive adequate care. When medical facilities focus on transparency and encourage reporting of near misses, they create an environment where patient safety is a priority. In this way, malpractice claims serve a larger role by pushing healthcare institutions to raise their standards, ultimately benefiting all future patients through safer and more reliable care.
Recognizing whether you may be a victim of medical malpractice can be difficult, especially since symptoms of malpractice may not always be immediate or obvious. However, certain warning signs should prompt you to seek legal advice. For example, if you experience unexplained or worsening symptoms after surgery or treatment, or new injuries that were not present before your medical care, these could be red flags. Infections developing soon after a hospital stay or surgery, severe medication side effects, or reactions that seem preventable may also indicate negligence.
A delay in diagnosis that allows a condition to become more serious or untreatable is another common sign. Repeated visits to doctors or hospitals without improvement, permanent disabilities or disfigurement after care, or the death of a loved one that might have been avoided with proper treatment are serious warning signals. Additionally, if your healthcare provider avoids communication or refuses to explain complications or errors, it could suggest malpractice. If you encounter any of these situations, consulting a medical malpractice attorney in Philadelphia can help determine whether you have grounds to file a claim.
The legal process of pursuing a medical malpractice claim involves several important steps that can seem overwhelming without guidance. It begins with an initial consultation where you meet a lawyer who reviews your medical records and circumstances to assess if your case is valid. If the lawyer believes you have a strong claim, they will begin a pre-suit investigation, gathering evidence such as medical records, expert opinions, and witness statements. Pennsylvania law requires that you send a notice of claim to the healthcare provider or facility before filing a lawsuit. This notice details your allegations and intentions to sue. If the case cannot be settled through negotiation, a formal complaint is filed in court, initiating the lawsuit.
During discovery, both sides exchange information, documents, and take depositions from witnesses and experts. Many cases are resolved at this stage through settlement or mediation, but if not, the case proceeds to trial where a judge or jury determines liability and damages. If either party believes errors occurred during the trial, they may file an appeal. Throughout the process, your attorney will provide support and representation to ensure your rights are protected.
It is critical to understand the statute of limitations and important deadlines in Pennsylvania when filing a medical malpractice claim, as missing these can bar your case entirely. Generally, you must file your lawsuit within two years from the date you discovered, or reasonably should have discovered, the injury caused by malpractice. However, there is an absolute deadline of four years from the date the negligent act occurred, regardless of when you realized you were harmed.
Special rules apply to minors, who may have until their 20th birthday to file claims if the injury happened while they were under 18. Pennsylvania law also requires that your lawsuit include a Certificate of Merit from a qualified medical expert confirming that your claim has merit. This certificate must be filed within 60 days after you file your complaint. Because these deadlines and requirements are strict and somewhat complicated, consulting a lawyer promptly after discovering an injury is crucial to preserving your rights.
Calculating compensation in medical malpractice cases involves assessing both economic and non-economic damages. Economic damages cover the measurable financial losses you have suffered, such as past and future medical bills, rehabilitation costs, lost wages if you are unable to work, and expenses for home care or medical equipment. Non-economic damages compensate for more intangible losses, including physical pain and suffering, emotional distress, anxiety, loss of consortium with family members, and diminished enjoyment of life.
In rare cases, punitive damages may also be awarded if the healthcare provider’s conduct was especially reckless or egregious, aiming to punish and deter such behavior. Pennsylvania law places a cap on non-economic damages in most medical malpractice cases, typically limiting them to $500,000, though exceptions exist for particularly severe injuries. The final amount of compensation depends on factors like the severity of your injury, the impact on your daily life, the strength of the evidence, and expert testimony. A skilled lawyer will work to ensure you receive fair compensation for all your losses.
Before performing surgery, a doctor has a legal obligation to shed light on the risks associated with the proposed or planned surgery. Moreover, a medical professional must outline available treatments and procedures, if any, as an alternative to the surgery.
These legal duties fall under the category of the “informed consent doctrine.” A doctor performing surgery without explaining the risks and available alternatives is considered a form of medical malpractice on the basis of lack of informed consent.
Another form of medical malpractice is a misdiagnosis. Our medical malpractice lawyer in Philadelphia explains that just about anyone can become a victim of it. Approximately 10 percent of patient deaths in our country are attributed to misdiagnosis, or, in other words, doctors diagnosing a patient with a wrong condition, illness, or injury.
The best way to protect yourself from misdiagnosis in hospitals is to (a) be 100-percent open and honest with doctors when obtaining diagnosis to ensure accurate results, and (b) consider getting a second opinion from another medical professional.
Misdiagnosis and failure to diagnose are common types of medical malpractice. Although these two forms of medical malpractice are slightly different, they are essentially the same thing. If a doctor fails to accurately diagnose your medical condition, which causes you to suffer harm, and you have evidence to prove it, then you have a valid medical malpractice claim.
Although it might seem that surgeons are the only party to blame for any surgical mistakes, it is not entirely true. Our medical malpractice attorney in Philadelphia explains that depending on the circumstances, you may also be able to sue the nurse, surgeon assistant’s, anesthesiologist, pharmacist, or even the hospital itself.
The most common surgical errors are operating on the wrong body part, leaving a piece of surgical equipment (foreign object) inside the patient’s body, administering an incorrect amount of anesthesia, and performing an incision at the wrong __cpLocation, among others.
“Yes, you can,” says our Philadelphia medical negligence lawyer at Soloff & Zervanos Personal Injury Attorneys Dentists must abide by the highest standards of care in the medical community, just like any other medical professional. Therefore, a dentist who fails to provide good dental care and, as a result, a patient suffers an injury when getting implants, crowns, braces, bridges, dentures, fillings, extractions, and other repairs and procedures, can be held liable for committing dental malpractice.
Although an autopsy is not required, it is necessary in many types of medical malpractice cases to establish fault and demonstrate evidence that the doctor’s negligence was the direct or proximate cause of the patient’s death.
You went to see a healthcare provider because you wanted help. The last thing you expected was that they would cause you harm. At Soloff & Zervanos Personal Injury Attorneys, we know that these cases can become complicated. We also know you need compensation for the following:
When you call us, we will get to work investigating what happened. When you need a Philadelphia medical malpractice lawyer, you can contact us.
Medical malpractice cases tend to soak up a lot of media coverage, and yet millions of Pennsylvanian residents do not know all of their rights and obligations as patients. For a victim of medical malpractice, it is perfectly normal to have hundreds of unanswered questions.
Luckily, you have our attorneys from Soloff & Zervanos Personal Injury Attorneys, who will be happy to assist you by providing a free phone consultation. The sooner you get legal help, the better.
Medical malpractice cases can be complicated and emotionally draining, but you do not have to face them alone. If you or a loved one has suffered harm due to medical negligence, consulting an experienced medical malpractice lawyer can make a crucial difference. From identifying the type of malpractice to navigating the legal process, ensuring all deadlines are met, and maximizing compensation, skilled legal guidance is essential to protect your rights and secure justice. Holding negligent providers accountable not only supports your recovery but also promotes safer medical care for all patients.
