- What Is Medical Malpractice?
- What Is Not Medical Malpractice?
- What Are The Common Types Of Medical Malpractice In Philadelphia?
- Surgical Errors
- What Is Postoperative Negligence And Is It Medical Malpractice?
- Surgical Errors Are Not The Only Type Of Medical Malpractice
- Medical Malpractice Cases Can Be Difficult To Prove
- How Do You Know If You Have A Medical Malpractice Case?
- What Can A Philadelphia Medical Malpractice Attorney Do For Me?
- Compensation Available For Philadelphia Medical Malpractice Victims
- Wrongful Death
- Speak With A Philadelphia Medical Malpractice Lawyer
It is our belief that when a patient has been injured by a medical care provider that the provider should be held fully accountable. As patients, we place a lot of trust in these care providers, and when an injury occurs, our lives can be changed forever.
Rosengard Law Group’s Philadelphia Medical Malpractice Lawyers fight to serve the injured and secure a compensation package that is fair and complete.
What Is Medical Malpractice?
Medical malpractice happens when a medical professional provides medical care that is outside the acceptable standard of care.
Doctors are not the only care providers that can be held responsible for medical malpractice. Any care provider that gives direct care to a patient can be held responsible for a medical error.
- Nurses and Nursing Assistants
- Test Technicians
- Physical Therapists
- Dentists and Orthodontists
In some cases, the hospital or clinic management may also be held responsible for malpractice if their policies led to the patient being harmed.
What Is Not Medical Malpractice?
It is very important to understand that a poor or undesired outcome to medical treatment does not mean that malpractice has occurred.
Every medical treatment does have risks, and no treatment is guaranteed to be 100 percent successful.
The medical care provider must have acted outside the accepted norms when treating the patient, which in turn caused harm.
What Are The Common Types Of Medical Malpractice In Philadelphia?
Medical malpractice can occur in many ways. The most common types are some form of negligence causing a surgical error, failure to diagnose, and over-treating or under-treating a condition. Let’s explore them each more below.
Failure to Diagnose / Negligence Causing A Misdiagnoses
If the medical care provider misdiagnosed a medical condition that led to harming the patient, the care provider could be held responsible.
If the care provider misreads tests or symptoms and misdiagnoses the disorder, and this leads to harm, medical malpractice has occurred.
Doctors have an obligation to conduct the right testing and correctly interpret the results.
Misdiagnosis is a very serious medical error. When a surgeon or doctor makes a mistake with their diagnosis, the patient can suffer additional harm from not receiving the necessary care they need in a timely manner. Additionally, if the patient is treated for the wrong condition, they may also suffer from harm due to that medical care.
If you have been a misdiagnosis victim, it is important to speak with a Philadelphia medical malpractice attorney today. We can help you protect your rights and file a claim for compensation.
Common Causes of Misdiagnosis
- Not listening to the patients describe their symptoms is a major factor in misdiagnosing an illness. Doctors have a responsibility to listen to all of the symptoms that a patient is experiencing and must use that information accordingly.
- Failing to look at medical history. The medical history of the patient, as well as their family medical history, plays an important part in determining the potential medical problems the patient is experiencing. Overlooking this valuable information could lead to a misdiagnosis.
- Ordering the wrong tests. When a medical care provider orders the wrong type of testing, it delays treatment of the real condition. Delays in treatment can lead to serious problems arising for the patient whose condition may worsen because of a lack of medical care.
- Interpreting test results inaccurately. Careless interpretations of test results, or not ordering retesting after finding odd test results, is an act of negligence.
There are other issues that can arise that will lead to a misdiagnosis. If you believe that you have been harmed because your medical care provider misdiagnosed your medical condition, CALL US to speak with a Philadelphia medical malpractice attorney.
Over-treating or Under-treating a Condition
Care providers that over-treat a condition can cause harm to a patient. Sometimes a headache is just a headache and needs nothing more than a pain reliever.
The same applies to under-treating. A medical condition should receive the appropriate standard of care for its severity. Under-treating a condition can lead to harming the patient.
Some medical conditions or injuries require surgery to correct the condition. When surgery is necessary, patients agree to these procedures because they believe that the surgeon is qualified to make that assessment and to perform the operation. Sadly, these surgeons can make mistakes, and those errors can cause significant harm.
If you have been injured by a surgical error, it will be in your best interest to seek legal representation. Keep in mind, hospitals and surgeons have insurance companies that focus on aggressively fighting medical malpractice claims. Protect your rights by speaking with a Philadelphia medical malpractice lawyer as soon as possible after the error occurred.
Common Types Of Surgical Errors
- Failing to advise patient of potential complications of the surgery
- Failure to take a complete patient history leading to complications
- Unnecessary surgery for a problem that could otherwise be treated
- Delaying surgery for no real reason which leads to additional complications
- Negligent preparations for surgery leading to infection
- Negligent use of surgical tools or robotic assistants
- Negligent decisions during the surgical procedure
- Operating on wrong part of the body
- Leaving instruments or supplies in body
- Improper follow up care
- Injuries to other areas of the body not related to the surgery
What Is Postoperative Negligence And Is It Medical Malpractice?
Postoperative medical care is the care that you receive after a surgery has been performed. It is the doctor’s responsibility and the medical team providing you care to monitor your condition after surgery. They need to watch for signs of complications, infections, or any other issues that may arise.
Your vitals need to be monitored, and you should be closely watched to ensure that nothing happens as you awake from anesthesia. It is also critical that the doctor provide you with easy to understand information about how to care for yourself after you leave the medical center.
Problems that can arise from postoperative negligence include:
- Viral infections
- Hemorrhaging or Internal Bleeding
- Tissue Death (Necrosis)
- Necrotizing Fasciitis
- Staph Infections Including MRSA
- Organ Perforation that went Unnoticed
- Pulmonary Embolisms or Blood Clots
- Blood Poisoning
- Urinary Tract Infections
Surgical Errors Are Not The Only Type Of Medical Malpractice
Medical negligence or malpractice can happen in every area of medicine. Other injuries can occur as a result of a medical error. If you believe you have been injured by a medical care provider, consult with a Rosengard Law Group, Philadelphia medical malpractice lawyer.
These areas include:
- Chiropractic Errors
- Dental or Surgical Dental Injuries
- Cosmetic Surgery Errors
- OBGYN Malpractice
- Birth Injuries
- Medication Errors
- Pharmacy Malpractice
- Orthopedic Injuries
- Psychiatric Malpractice
- Communicable Diseases and Infections
Birth Injuries to Infant or Mother
Injuries during birth are one of the most common forms of medical errors. The injury can occur at any time during the birth process or afterward for the mother.
Injuries sustained by the infant during birth can lead to life-long medical issues. Injuries to the mother may lead to serious conditions such as infertility.
The most common cause of birth-related injuries is the improper use of birth assisting equipment.
Medical Malpractice Cases Can Be Difficult To Prove
Although it is very apparent to the victim that their medical care provider has injured them through the care they provided, the insurance company may not be so agreeable.
The first reaction of every insurance company when a medical malpractice claim is filed is that it is not a valid claim. The insurer will say that there are risks associated with treatment, and the injury is a result of those risks.
Having Philadelphia personal injury lawyer represent your claim will prevent the insurance company from denying the initial claim. Rosengard Law Group will use all of our resources to prove that malpractice occurred.
Through the use of expert medical witnesses and knowledge of the medical industry, your attorney will work hard to build a solid case to show how a medical error occurred.
How Do You Know If You Have A Medical Malpractice Case?
If you have been injured by the medical care you received, you may wonder if you can sue for medical malpractice. If you are in this position, it will be in your best interest to speak with a Philadelphia medical malpractice lawyer about your injuries and your case.
Medical malpractice can be a challenging type of case. Insurance providers covering these injuries are quick to state that the injury was not negligence but just an unanticipated outcome to the procedure. When you have an attorney representing your case, you will have the power to show how negligence occurred and why the medical professional should be held liable for your injuries.
To prove a medical malpractice claim, the injured party, through their attorney, will have to prove the following four factors.
There Was A Duty of Care
You must show that there was an active relationship between you and the medical care provider and that relationship is what led to you receiving medical treatment. This is usually easy to prove. If you made a doctor’s appointment with a specific provider and attended that appointment and that doctor provided the treatment, a Duty of Care has been established between the parties.
There Was A Breach of That Duty
Medical practitioners are obligated to provide a standard of care to their patients that is acceptable within the medical community. The patient should be able to receive the same type of care from a similar practitioner. If the patient did not receive the same quality of care from the provider, aka the doctor acted negligently, then a Breach of Duty has occurred.
The Breach of Duty Has Caused An Injury
Everyone can make a mistake. Many of these mistakes are quickly corrected, and the patient is fine. But when a mistake is made, and an injury occurs, the medical care provider must be held accountable for their actions. For a valid medical malpractice case to have occurred, an injury must be present.
The Injury Caused the Patient Financial Harm
You must also show that the injury has led to economic damages. If you have had to pay any medical bills to correct the injury or have missed time from work, economic damages have occurred. Additionally, you are also entitled to seek non-economic damages for these injuries as well, such as pain and suffering.
What Can A Philadelphia Medical Malpractice Attorney Do For Me?
If you believe that you have a medical malpractice case, it will be important to speak with an attorney. Medical malpractice lawsuits are challenging in many ways. This law area can be difficult because malpractice insurance companies have large and aggressive legal teams representing the medical care providers.
You will want to speak with an attorney that has a working knowledge of the medical industry. You need an attorney that understands medical record-keeping and terminology. You also want to have an attorney that has a good support staff to help build a solid case.
Your attorney will provide you with the following services:
- Review all medical records and consult with experts about medical outcomes
- Contact experts in the field of medicine where your injury occurred.
- Gather additional evidence to build your case.
- Determine all liable parties for your injuries
- Work as liaison between you and the insurance company to ensure your continued medical care
- Determine the value of your case and negotiate a fair settlement
- Take your case to trial if necessary
Your attorney will also provide you with valuable legal advice during the entire process, help you through any issues that may arise, and aggressively fight for your rights as an injury victim.
Compensation Available For Philadelphia Medical Malpractice Victims
When you have been injured as a result of another person’s action, the law guarantees you the right to receive compensation for your losses.
Every case will qualify for different types of compensation, and for different amounts of compensation — the amount and types you receive will be based on the facts of your case.
Some of the types of compensation you may qualify for include:
All medical expenses associated with your injury will be covered in your compensation package. This part of your compensation will also include any anticipated future expenses associated with treating your injury.
Lost Wages and Benefits
All of the wages you lost as a result of your injury will be included in your compensation package.
If you cannot return to work, or if you can only return art-time, the lost future wages will also be a part of the compensation package.
Any approved expenses, such as over-the-counter medical supplies or medicines, can be a part of your compensation package.
Pain and Suffering
Pain and suffering are a unique type of non-economic damage. The figure for this type of compensation is based on several factors and will be different for each case.
Other forms of compensation may be available to you based on state laws and the facts of your case.
Your Philadelphia medical malpractice lawyer will discuss compensation with you during one of your meetings.
In the event that the medical error has led to the death of your loved one, you may be entitled to receive compensation under wrongful death.
Our compassionate attorneys understand that this is a very difficult time in your life and that compensation is not the first thing on your mind.
However, seeking compensation for a wrongful death will allow your family to get through this difficult time without facing financial difficulties, so you can concentrate on recovering from your loss.
Speak With A Philadelphia Medical Malpractice Lawyer
If you have been injured by a medical care provider, you are encouraged to speak with an attorney about the event. Call us now at 833-323-4448
Hiring an attorney to manage your medical malpractice claim will protect your rights as an injury victim.
Rosengard Law Group will make sure that you are treated fairly by the insurance company and receive the treatment you need to make a recovery.
Having an attorney manage your case will also ensure that the insurance company treats you with dignity and provides you with a compensation package that is fair.
You placed trust in your medical care provider when you sought treatment. It is only right that they are held responsible for their actions if their care caused you harm.
There is no reason to delay, speak with a Philadelphia medical malpractice lawyer today.