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Liability in Philadelphia Medical Malpractice Claims

To be liable for something means being responsible for it. Liability in Philadelphia medical malpractice claims means a person or organization is responsible for your injuries resulting from a medical error or misdiagnosis. A medical malpractice attorney could explain this concept in further detail and determine if you have a case of medical malpractice.

You may be able to seek compensation through a civil lawsuit.

Medical Malpractice Claims Based on Negligence

Many medical malpractice claims in Philadelphia are based on negligence. When someone is negligent, they have breached their duty of care toward someone, causing injury or harm.

A doctor has a duty to provide a certain quality of care to a patient. They are held to a standard based on what they have been trained to do and understand. If they breach their duty of care, and their negligent actions or inactions cause harm or injury to a patient, then the doctor could be held liable for the damages.

A lawyer could file a lawsuit against the doctor, seeking compensation to cover the amount of damages.

Parties that Could Be Held Liable in a Medical Malpractice Claim

In a medical malpractice claim in Philadelphia, these types of people or organizations could be liable:

  • Doctors, nurses, or other medical professionals
  • Pharmacists
  • Hospitals or medical clinics
  • Drug companies

Institutions, such as hospitals, owe their patients a duty of care, and if they do not set appropriate standards or do not properly train their employees, they could be held liable for harm caused to a patient.

Vicarious Liability

Vicarious liability is a legal term that allows a harmed patient in Philadelphia to file a medical malpractice claim even when it has been a long time since the incident that caused harm. It may take months or years for a patient to discover an illness or injury caused by a medical professional. This is sometimes the case when a doctor misdiagnoses the patient, and they find out that their medical problem is something much different years down the road, once the condition has worsened.

Vicarious liability allows the patient to file a medical malpractice claim even if they do not recall all the details of the misdiagnosis. Vicarious liability also allows a harmed patient to file a medical malpractice claim against an employer when one of their employees is negligent.

Damages in a Medical Malpractice Claim

The liable party may be held responsible for the injured person’s damages in a Philadelphia medical malpractice claim. These damages could include both financial and intangible losses, such as:

  • Medical expenses related to the harm or injury caused by the liable party
  • Lost wages due to the injury or illness and the inability to work
  • Ongoing and future medical care due to the injury
  • Pain and suffering caused by the injury
  • Emotional distress caused by the injury
  • Disfigurement resulting from the injury
  • Loss of enjoyment of life
  • Loss of companionship

In some cases, there may be punitive damages awarded, such as when the harm was caused intentionally or the liable person’s conduct was very reckless.

Talk to a Philadelphia Attorney About Liability in Medical Malpractice Claims

If you have been harmed or injured because of something a medical professional or a medical institution did, you may have a right to file a medical malpractice claim.

Liability in Philadelphia medical malpractice claims is just one aspect of a very complex legal topic. Entrust your case to an experienced attorney who has an excellent record with winning medical malpractice cases. Contact us to schedule a consultation.