How Can A Philadelphia Medical Malpractice Attorney Guide You?
Each year, millions of Americans suffer harm, get injured, and are sometimes killed due to medical errors. These mistakes can cost a person their well-being, their job, and even their life.
A Philadelphia Medical Malpractice Lawyer is someone who can help with your case against a doctor or a hospital. At the Law Offices of Greg Prosmushkin, we have the team and the knowledge to fight for your needed compensation.
Whenever something is not right with your health or you experience unusual pain or discomfort, the first advice you will get is, “See a doctor.” And while seeing a doctor when you need medical help is far from bizarre, unfortunately, not all medical professionals provide quality care.
When a doctor’s actions deviate from acceptable standards of care and put your life and safety at risk, you may have the right to pursue a medical malpractice claim. When you file a claim, you can seek financial reimbursement for your medical expenses, loss of earning capacity, pain and suffering, and other damages.
What Are The Most Common Medical Malpractice Cases?
According to a hospital survey that was conducted by Harvard University, it has been observed that nearly 43 million people sustain injuries every year due to medical negligence across the globe. Some of the most common types of medical malpractice errors are as follows:
- Emergency room delays and mistakes
- Gastric bypass surgeries
- Wrong-site surgeries
- Birth injuries
- Missed or delayed diagnoses, including cancer diagnoses
- Anesthesia errors
- Errors involving patient allergies
- Fertility procedures
- Defective medical products
- Hospital infections
- Medication errors
- Tubing errors
Most victims do not even realize that their injury was the outcome of medical negligence actions. Therefore, medical malpractice attorneys may help you investigate the fundamental causes of catastrophic injuries including spinal cord injuries, brain injuries, or wrongful deaths after medical procedures.
What Elements Do You Need To Prove In A Medical Malpractice Claim?
Generally, the following four elements must be established as part of your medical malpractice claim to recover damages successfully:
- There was a doctor-patient relationship between you (the patient) and the negligent doctor.
- The doctor’s actions or omission to act was a deviation from the accepted standards of care.
- There is a direct or indirect link between the doctor’s failure to adhere to the highest standards of care and your injury.
- You have suffered economic and non economic damages as a result of medical malpractice and can prove it.
In a medical malpractice claim, it is challenging to prove causation. Suppose a patient undergoes surgery and there are various complications in the treatment. Many complications can still arise even if the surgery is performed at the standard of care.
This makes it difficult to prove that medical treatment was provided within the duty of care and whether the surgeon caused negligence or not that has caused complications. Therefore, it is essential to take advice from a competent medical negligence lawyer.
Why Does Medical Negligence Happen?
According to the Journal of Patient Safety, hospital errors are quite common. They result in nearly 200,000 to 400,000 patients dying every year. As the number of these cases is huge, it is vital to know why these medical mistakes may happen. Some of the most common causes are as follows:
- A communication gap between doctors and hospital staff related to the patient
- Improper record keeping
- Failure to maintain proper procedures due to short staffing
- Long hours of working that lead to fatigue that impacts decision making
- When doctors are impaired by alcohol or drugs while working
Since medical negligence is a grave issue, doctors and other healthcare providers must take effective measures to combat medical negligence. Medical staff must take care when prescribing medications, performing surgeries, and diagnosing patients. They should be attentive to their patients’ needs and provide them with the best care possible to avoid costly and preventable incidents.
Does Unsuccessful Medical Treatment Indicate A Potential Medical Malpractice Claim?
Just because a medical treatment or surgery was unsuccessful does not necessarily mean that a medical malpractice claim is valid. But, in many cases, an unsuccessful medical procedure may be caused by negligence or deviation from the accepted standards of care.
If you’ve had an unsuccessful treatment or surgery and want to file a claim, it’s important to discuss your specific situation with a Philadelphia Injury Attorney. They can work with you to determine whether you have a valid medical malpractice case.
Do Doctors Who Commit Medical Malpractice Lose Their Medical License?
Not really. Doctors in Philadelphia are licensed through the Commonwealth of Pennsylvania. Contrary to popular belief, medical malpractice cases do not have a direct impact on a doctor’s medical license.
However, the vast majority of medical professionals that are sued for medical malpractice improve their standard of care to minimize the risk of medical mistakes.
Do Doctors Pay For Patients’ Damages And Losses Out Of Pocket?
In Pennsylvania, medical professionals must have a minimum of $1 million in medical insurance coverage. This way, potential damages and losses due to medical errors from negligence, recklessness, or carelessness.
Typically, doctors are not required to pay themselves in medical malpractice cases unless the doctor’s medical insurance coverage is not enough to cover an injured patient’s damages and losses.
Can A Doctor Be Sued If They Are Negligent But Do Not Cause Injury?
Generally, no. Under medical malpractice law, a doctor can only be sued if their negligent act or omission deviated from the accepted standards of care and caused injury.
If a doctor makes a medical mistake, but that mistake is fixed without causing harm to the patient, the patient is not eligible to file a claim. This is true even if the doctor’s mistake was due to negligence.
Need Legal Guidance? Get in touch with one of the medical malpractice law firms in Philadelphia
Consult medical malpractice lawyers in Philadelphia to determine whether you have a valid medical malpractice claim. Let us evaluate your case right now. Call 215-673-7733 to get a Free Consultation.