Tag Archives: Medical Malpractice Attorney Philly

Punitive Damages Explained

Punitive Damages Explained

Punitive damages, also referred to as compensatory damages, are criminal damages that a judge or jury may impose on a plaintiff to hurt and disgrace the defendant.

Punitive damages are normally only awarded in the most extreme cases, such as breaches of contract with sufficient proof of oppression, fraud, gross carelessness, or malice. In such instances, the plaintiff may obtain punitive damages in addition to real losses as an example and to further punish the wrongdoer.

Typically, punitive damages are tightly tailored to the number of compensatory damages already given, such as medical expenditures and lost earnings, and take the defendant’s wealth and capacity to pay into account.

In contrast to compensatory damages, which may be paid for by an insurance company, punitive damages are typically paid for by the party against whom they are imposed.

Punitive damages are only available in many nations if the offensive behavior was the result of a tort (an offense against an individual) rather than a violation of the contract.

There are many lawyers from different law firms that can help you understand everything about punitive damages.

What Are Punitive Damages, and When Do You Have a Claim for Them?

Damages are a necessary component of any personal injury lawsuit. The majority of personal injury lawsuits center on compensatory damages, which are intended to recompense the plaintiff for the harm inflicted by the defendant. However, in some cases, a personal injury plaintiff may be allowed to seek both compensatory and punitive damages. Continue reading to find out more.

What Purpose Do Punitive Damages Serve?

Punitive damages are a special sort of harm attainable only in a few limited conditions. Punitive damages serve two critical purposes:

Unacceptable behavior must be sanctioned. Punitive damages are used to penalize the wrongdoer for egregious behavior.

For more information on what types of activities qualify for punitive damages, see “When are punitive damages available?”

Set a positive example. Punitive penalties are usually referred to as “exemplary” damages since they also serve as a deterrence to the offender and others from engaging in similar behavior in the future.

What Should You Do If You Are a Victim of Someone Else’s Negligence?

Whether you and anybody you know about has been wounded in Pennsylvania due to the negligence of another, you have rights. The greatest thing you can do is call a personal injury attorney as soon as possible.

While Pennsylvania has a two-year statute of limitations for filing a case, the sooner you start preparing for a future lawsuit, the better. If you wait too long, any evidence connected to the accident may be tampered with, making it more difficult to establish.

For more than years, the educated and caring attorneys at Philadelphia Medical Malpractice Lawyer have advocated for personal injury clients.

Our attorneys at Philadelphia Injury Lawyers, P.C. understand the complexity of Pennsylvania State Law and will know how to properly design a case to help you receive justice. We firmly believe in victims’ rights and will fight tenaciously to assure their protection. Numerous Philadelphians have looked to Philadelphia Medical Malpractice Lawyer for assistance in the aftermath of an accident or injury throughout the years. Give us a call immediately or message us online to understand more about how to file a case or get compensation and/or punitive damages for your pain. We provide a free initial assessment for any type of personal injury.

Can You Sue a Doctor for Negligence?

Can You Sue a Doctor for Negligence?

Getting sued for medical malpractice is a serious matter that should not be taken lightly. Suing for malpractice can be costly, time-consuming, and put you in front of the public. Case statistics show that doctors and other healthcare providers are more likely to favor people whose care has hurt than most other personal injury claims. To make things even worse, a doctor’s insurance company can say that they won’t pay if the patient wants to settle their malpractice case out of court. Even the most likely malpractice case is still a long, hard fight that doesn’t always end well. Suppose you ever faced any negligence from your doctor during treatment, and you want to claim a lawsuit against the doctor by filing a lawsuit against them. In that case, you should contact a lawyer from a legal law firm named Philadelphia Medical Malpractice Lawyer. The attorneys of this legal law firm are great and have an excellent experience when compared to other law firms.

What is Medical Negligence?

“Medical carelessness” and “medical malpractice” are often used interchangeably. Medical malpractice claims must include more than just a single instance of negligence on the part of the treating physician. So, what exactly is Medical Negligence? For completeness, here is an attempt at an explanation—a medical professional’s actions or omissions that vary from the acknowledged medical standard of care. You can sue your doctor for malpractice if you hire a lawyer from a law firm. Philadelphia Injury Lawyers, P.C. is a law firm with excellent attorneys. This legal firm’s attorneys have a lot of experience.

This type of medical malpractice action hinges on a legal concept known as medical negligence, although carelessness on its own isn’t enough to make a viable claim. A patient may be entitled to compensation for medical malpractice when the doctor’s negligence is directly responsible for the patient’s injury. To learn more about Philadelphia medical malpractice lawyers, visit their website. This professional law firm has some of the best lawyers.

When Can I Sue a Doctor for Medical Negligence?

Doctors can be sued for medical malpractice by patients and their families in many different ways. Mistakes in the health care field are prevalent.

  • Diagnostic errors include not figuring out what is wrong or misdiagnosing.
  • During surgery, there can be mistakes, such as surgery being done in the wrong place or on the wrong side of the body.
  • Mistakes in an aesthetic and errors that cause trauma.

There were misdiagnoses, misreading of data, and non-treatment. Not asking about allergies or administering the wrong prescription are examples of this. Medication Forgetting to ask about allergies or other contraindications is an example of emergency room carelessness.

Therapeutic errors include not giving the right therapy, not giving enough treatment, and making mistakes during treatment.

Contact a Philadelphia medical malpractice lawyer as soon as possible to talk about any of the above scenarios. It will be done by a professional medical malpractice lawyer, who will look over your (or your loved one’s) medical records, consult with experts if necessary, and give you (or your family) an in-depth look at your (or their) legal rights.

Common Reasons for Medical Negligence

Medical malpractice can occur in several locations, including the doctor’s office and hospital emergency rooms.

  • Common reasons for medical misconduct include:
  • Misdiagnosis
  • Mishaps during surgery and other medical operations
  • ignoring (or improper treatment)
  • No obvious dangers are warned of (lack of informed consent)
  • Birth Injuries
  • Medication errors
  • Patient privacy was breached.
  •  

What Are My Legal Options If I Suffer an Injury Because of the Carelessness of a Doctor?

Litigating against a doctor is difficult. Medical malpractice insurance companies go to great lengths to avoid being held accountable for their actions. To sue your doctor for medical misconduct, you must show carelessness. An expert can determine if you’ve been the victim of medical negligence. While you’re grieving, contact a doctor who can review your loved one’s medical records and explain how malpractice caused their death.

If you’re using it for medical malpractice, you’ll also need proof of damages. This category includes non-financial damages such as pain and suffering, emotional stress, loss of consortium, and loss of enjoyment of life. If you ever faced negligence from a doctor and want compensation, hire an experienced attorney. Because an experienced lawyer can tell you the basic things regarding negligence cases, the attorneys of Philadelphia Injury Lawyers, P.C. are great.

Parting Shot

Medical negligence is a serious crime. Because of doctors’ negligence, patients can be disabled for a lifetime or lose their lives. If you or your family member faced any medical negligence and want compensation, file a lawsuit against the doctor by hiring an experienced lawyer from Philadelphia Injury Lawyers, P.C.

Standard of Care in Medical Malpractice

Standard of Care in Medical Malpractice

The term “standard of care” in medical practice refers to the degree and type of care that a reasonably skilled and competent health care provider with a similar background and practice in the same medical community would have delivered in the circumstances that preceded the alleged malpractice. In other words, the most important question for a medical malpractice case that you should ask yourself is, “Would a similarly qualified health care practitioner have treated me the same way under the same or similar circumstances?” If the answer is “no,” and you suffered harm as a result of the substandard care, you may have a case for medical malpractice. That is where Philadelphia medical malpractice lawyers can assist you.

How Do You Determine the Appropriate Standard of Care?

A well-qualified medical witness will almost always testify in a medical malpractice lawsuit about the acceptable medical standard of care given the circumstance and how the doctor’s violation of the standard care contributed to the plaintiff’s injuries.

Many states have enacted legislation mandating plaintiffs in medical malpractice cases to employ an expert with experience in the same (or a related) medical area as the defendant. In some states, the plaintiff must also file an affidavit or sworn declaration from the expert witness with the first complaint, attesting that the medical standard of care was violated in the expert’s judgment.

Both the defense and the malpractice plaintiff’s attorneys can call on medical experts to testify on the standard of care that a reasonably competent doctor in the same field would offer in the same set of circumstances.

Does Standard of Care Criteria Vary for Medical Specialists?

Certain healthcare providers (such as cardiologists, neurologists, radiologists, allergists, Ophthalmologists) are regarded as specialists. These professionals have typically undergone extensive training and examinations. They are held to a higher standard of care, i.e., the same level of care that a reasonably competent specialist with the same training and experience would apply under related circumstances.

Does A Mistake by A Medical Professional Mean Malpractice?

Doctors are people, and they, like everyone else, make mistakes. Complications that aren’t the product of human error do occur in the practice of medicine. Some people will never improve from their medical issues, and dissatisfaction with treatment results isn’t enough to establish a medical malpractice lawsuit.

Just because a medical professional or a hospital makes a mistake does not necessarily account for medical malpractice. In order to qualify as malpractice, medical treatment must fall below an appropriate medical standard of care and must cause injury to the patient.

In other words, there is no malpractice until the defendant’s healthcare professional did (or omitted to do) something that fell below the medical standard of care. Similarly, there is no malpractice if a health care provider delivered substandard care, but no one was hurt as a result.

How Philadelphia Medical Malpractice Lawyers Can Help

If you believe that you or a loved one has been hurt as a result of a medical professional’s failure to adhere to the accepted standard of care, you should talk to a qualified Philadelphia medical malpractice lawyer. We can look into the facts of your case and assist you in determining if you have a viable legal claim.

When Should You File A Medical Malpractice Lawsuit?

When Should You File A Medical Malpractice Lawsuit?

Individuals who have been hurt or injured as a result of inferior medical care or a misdiagnosis by a physician, nurses, staff member, frequently file medical malpractice claims. The majority of the time the standard of care used to figure out whether a medical provider was “negligent” or didn’t give enough treatment is whether the patient would have gotten the same treatment from another doctor in the same situation. If you have ever been a victim of medical negligence and want to sue the doctor, contact a legal law firm that has reasonable attorneys to help you with your case. A Philadelphia Medical Malpractice Lawyer at Philadelphia Injury Lawyers, P.C. is ready to discuss your case with you during your free consultation.

What is Medical Malpractice?

Medical malpractice sets out the rules that doctors must follow when treating their patients. Doctors, like other professionals, must follow a set of rules when they do their job. Doctors are different from other professionals because when they make mistakes or don’t meet standards, the consequences can be very bad for their patients’ lives. Patients whose doctor’s errors have hurt may be able to get money for more medical costs and lost wages.

If you had any of these things happen while getting medical treatment and looking for compensation, you should get help from an expert lawyer from a law firm. Philadelphia Medical Malpractice Lawyer’s attorneys are experienced and have a track record of successfully managing these types of situations. The experienced attorneys are excellent because they handle your case with care as a result of their extensive expertise.

What Are The Examples Of Medical Malpractice?

Medical mistakes can hurt people in many ways. There are some types of medical negligence that happen more often than others. These are some of them:

  • Mis-prognosis
  • Diagnosis is pushed back.
  • Mistakes in Surgery
  • Trauma of birth

If you or your loved ones ever face medical malpractice and you want to sue the doctor, you should hire an attorney from a well-known law firm. Many law firms offer their help in these kinds of cases. Attorneys with a lot of experience will handle your case well. Philadelphia Medical Malpractice Lawyers’ lawyers have a lot of experience, so call this law firm. These are some of the most common medical misdoings that people do. Patients who think they have been harmed by medical negligence should talk to a lawyer who can look into their legal options.

When Should You File A Lawsuit For Medical Malpractice?

Medical malpractice actions must be filed quickly upon discovery of harm. Medical malpractice cases must be filed within a reasonable time frame in the majority of states, often between six months and two years, depending on the form. You must commence litigation within a defined time period referred to as the “statute of limitations.” Even if the facts are correct, the court will dismiss your case if you do not file a lawsuit within a set time frame.

Summary

A lot of people are hurt by medical errors these days. It’s because hospitals are getting too crowded, and doctors and other staff are also burdened. However, this does not mean that doctors are free to make big mistakes. A legal law firm should be called if you have been a victim of medical negligence and want to sue the doctor for your money. While there are other good law firms, the Philadelphia Medical Malpractice Lawyer attorneys have more experience.

Is Failure To Diagnose Patient’s Medical Condition A Medical Malpractice?

Medical Malpractice Attorney Philly

Determining the validity of a patient’s claim against a doctor’s failure to diagnose his or her real medical condition may require a lengthy investigation according to a Medical Malpractice Lawyer Philadelphia. Misdiagnosis is often considered a case of medical malpractice, but not all cases related to this error or delay in diagnosing a patient’s illness can be legally considered as medical malpractice.

When do mistakes in diagnosis arise?

The doctor is fully responsible in addressing the present medical condition of a patient. Signs and other symptoms may help the doctor confirm the illness or medical problem of the patient. Errors and mistakes in diagnosis could arise, especially at the following circumstances:

  • The attending doctor failed or missed the signs or symptoms that are evident on a patient and didn’t connect it to a certain illness. In fact, the doctor didn’t even advise any medical treatment to resolve the patient’s present medical condition.
  • Misdiagnosis does occur among patients and this happened when the doctor committed error in evaluating the medical condition of a patient. For example, instead of being diagnosed with a brain tumor, the attending doctor gave another medical condition such as chronic migraine due to the symptoms of co-occurring headaches.
  • The delayed diagnosis could be also considered as medical malpractice if the doctor took a long process before he or she can confirm the patient’s real medical condition based on signs manifested.

When any of these incidents arise while consulting a doctor and patient didn’t receive the appropriate medical care and treatment, eventually leading to his or her deteriorating health, adverse complications or worst death, then, by mandated by law according to a lawyer in Philly specializing in medical malpractice, this medical professional can be held liable and can be filed a medical malpractice lawsuit.

What should a patient show as proof in the event of a medical malpractice case?

If a patient claims he or she has been a victim of medical malpractice, the following should be given as proof:

  • The doctor failed to do his or her legal duty to care and give the right medical treatment. Under the patient-doctor relationship, it’s the responsibility of the doctor to apply all his or her medical knowledge, skills, and relevant experiences needed to cure a patient’s medical condition.
  • There is a case of breached where the attending doctor failed to diagnose accurately the real medical condition of a patient.
  • The patient’s present medical condition became worst due to error in diagnosis or wrong treatment given.
  • The mistake committed by the attending doctor caused more harm or risk to the patient.

Assessing if you really have a medical malpractice case can be a tough task. For your peace of mind that you don’t end up not knowing if you can file a medical malpractice claim, talk to a reputable Medical Malpractice Attorney Philly and be enlightened.

Is Failure To Diagnose Patient’s Medical Condition A Medical Malpractice?

Determining the validity of a patient’s claim against a doctor’s failure to diagnose his or her real medical condition may require a lengthy investigation according to a Medical Malpractice Lawyer Philadelphia. Misdiagnosis is often considered a case of medical malpractice, but not all cases related to this error or delay in diagnosing a patient’s illness can be legally considered a medical malpractice.

When do mistakes in diagnosis arise?

The doctor is fully responsible in addressing the present medical condition of a patient. Signs and other symptoms may help the doctor confirm the illness or medical problem of the patient. Errors and mistakes in diagnosis could arise, especially at the following circumstances:

  • The attending doctor failed or missed the signs or symptoms that is evident on a patient and didn’t connect it to a certain illness. In fact, the doctor didn’t even advise any medical treatment to resolve the patient’s present medical condition.
  • Misdiagnosis does occur among patients and this happened when the doctor committed error in evaluating the medical condition of a patient. For example, instead of being diagnosed with brain tumor, the attending doctor gave another medical condition such as chronic migraine due to the symptoms of co-occurring headaches.
  • Delayed diagnosis could be also considered a medical malpractice if the doctor took a longer process before he or she can confirm the patient’s real medical condition based on signs manifested.

When any of these incidents arise while consulting a doctor and patient didn’t receive the appropriate medical care and treatment, eventually leading to his or her deteriorating health, adverse complications or worst death, then, by mandated by law according to a lawyer in Philly specializing in medical malpractice, this medical professional can be held liable and can be filed a medical malpractice lawsuit.

What should a patient show as proof in the event of a medical malpractice case?

If a patient claims he or she has been a victim of medical malpractice, the following should be given as proof:

  • The doctor failed to do his or her legal duty to care and give the right medical treatment. Under the patient-doctor relationship, it’s the responsibility of the doctor to apply all his or her medical knowledge, skills and relevant experiences needed to cure a patient’s medical condition.
  • There is a case of breached where the attending doctor failed to diagnose accurately the real medical condition of a patient.
  • The patient’s present medical condition became worst due to error in diagnosis or wrong treatment given.
  • The mistake committed by the attending doctor caused more harm or risk to the patient.

Assessing if you really have a medical malpractice case can be a tough task. For your peace of mind that you don’t end up not knowing if you can file a medical malpractice claim, talk to a reputable Medical Malpractice Attorney Philly in Philadelphia and be enlightened.

How To Choose A Credible Medical Malpractice Lawyer In Philly?

Choosing a credible medical malpractice lawyer Philly can be truly overwhelming, especially if you or a loved one is still under recovery after a serious case of medical malpractice. A medical malpractice case is quite different from a personal injury case much complicated and would need an experienced lawyer that handled mostly medical malpractice lawsuits. So, how can you find a suitable lawyer to help you resolve this problem?

Quick Steps To Direct You To The Right Medical Malpractice Attorney Philly:

Step #1 – Ask referrals from a trusted individual

This is your initial task to help you locate a qualified medical malpractice lawyer ask referrals from a trusted individual like a general lawyer who happens to be connected with a lawyer expert in medical malpractice. You can also ask friends, relatives or colleagues at work that have used the services of a medical malpractice legal representative.

Step #2 – Contact your local bar association                                

If you haven’t been successful getting referrals, the next step that I’m sure will lead you to a good number of accredited lawyers practicing in medical malpractice is by contacting your local bar association. I’m sure most bar associations have a compilation of members with their corresponding specializations.

Step #3 – Do online research     

Yes, this is indeed a true source of relevant information, online research. In fact, you don’t even need to go out to get a list of medical malpractice lawyers. You can do the online research right in the comforts of your home or wherever you are at the moment. Just one piece of advice when doing online research, try to be more specific with your search. For example, if you live in Philadelphia and you medical malpractice case happened at this location, then, better type relevant keywords like “medical malpractice lawyer Philly” or “medical malpractice attorney Philly” and Google will provide you list of candidates that match your preferences. Be sure to narrow your list to what you really need and give them a quick call to verify if they can help you with your case.

Step #4 – Ask relevant questions

Once you have gathered enough names of legal representatives with specialization in medical malpractice, book a private consultation. See to it when you arrive at the meeting venue that you have prepared a list of relevant questions that will help you check if the lawyer is the right one for your case. Here are some of the common questions that every client with medical malpractice case can ask a Medical Malpractice Lawyer Philadelphia:

  • How long have you been handling medical malpractice cases?
  • What is the percentage of won cases?
  • Where most of the cases settled?

Your potential medical malpractice attorney must be confident in answering these questions and be willing to show proofs of satisfied clients who have received huge settlements.

Step #5 – Trust your innermost feelings

Lastly, the success of your medical malpractice case will not only be dependent on how good and efficient is your hired medical malpractice lawyer Philly, but also on other external factors like your rapport with this professional. If your innermost feelings tell you that this legal representative is a good fit for this complicated case and seems very sensitive to your needs, then, finalize your intention to contract his or her services.

Lawyers have different specializations and unique in their own ways. You might come across a very strict lawyer or find someone that can make you feel comfortable sharing your fears. When you are having a hard time deciding which one to hire to handle your medical malpractice case, go over the steps above and apply them when making a final selection. After all, at the end of the day, you will have to make a decision to avoid delays in the processing of your medical malpractice case.