Tag Archives: Medical Malpractice Lawyer Philadelphia

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.

Types of Medical Malpractice

Types of Medical Malpractice

On average, approximately 2,854,838 deaths occur annually in the United States. Out of these, 251,000 deaths are due to medical malpractice. According to a well-reputed Medical Malpractice Lawyer, Philadelphia, the death rate due to medical malpractice is higher in the United States than in other developed countries. Do you want to know what are the types of medical malpractice which lead to serious consequences? How small and ignorant behavior of medical staff snatches a person’s life? If yes, then read on to the end. We will discuss a few types of medical malpractice and laws formulated to control such situations.

Doctors are lifesavers. But in some cases, these hopes of people become the cause of a catastrophe. A large number of cases have been reported in the world where patients lose their lives due to medical malpractice. Certificates, experience, or brand do not guarantee immunity from being able to make such mistakes. Different types of medical malpractices are given below:

Improper Diagnosis

A good doctor can diagnose the disease at an early stage—late diagnosis of heart or cancer results in the death of patients. Out of 100, 50 percent of cancer patients die every year due to poor diagnosis. Similarly, a doctor who diagnoses patients with the wrong disease then instead of getting better, a situation becomes infinitely worse.

Improper Use of Surgical Instruments

Using non-sterilized instruments, forgetting instruments inside the human body during surgery, operating the wrong body part, and the wrong method of stitching a cut. All these are common issues that lead to serious problems, from severe infection to even death. For example, if a doctor forgets a sensor inside the body of a patient during surgery, it can lead to serious infection which can become cancer in the future.

Improper Medication

Medicine is a cure for problems. But, this is not the case every time. Doctors need to be very particular while prescribing medication to patients. Because if a coughing patient is assigned tablets of an asthma patient, then the situation will become worse. Most of the time doctors don’t prescribe the right medicine at the right time. This factor makes the problem worse.

Anesthesia issues

Anastasia is a drug that brings patients into a state of unconsciousness. There is a specific amount defined according to surgery. Most of the cases have been recorded where excessive anesthesia has put patients to prolonged unconsciousness.

I am a victim of medical malpractice; what should I do?

Medical malpractice issues occur often. Many families lose their family members in the worst case. So, is there anyone to whom these poor victims must visit for justice? The law has defined medical malpractice as a crime. There are medical malpractice lawyers who can solve the issues of victims.

What does a medical malpractice lawyer do?

Medical map trace is the third leading issue in the US. Medical malpractice lawyers are responsible for helping people who have been the victim of such shameful activity. They examine the entire situation, view medical files, set up a medical team, and find the victim. Suing is their responsibility.

Conclusion

Hence, we can conclude medical malpractice is a serious issue in the world nowadays. The government needs to take visible actions to reduce such mistakes. If you have been a victim of medical malpractice, an experienced medical malpractice lawyer in Phialdelhphia can help you. Contact you for a free consultation.

Medical Malpractice Vs Medical Negligence

Medical Malpractice Vs Medical Negligence

Medical malpractice and medical negligence. It’s a sensitive subject, but the fact of the matter is, these terms come up over and over again in the medical field. For those of you not familiar with them, we’re going to break it down for you. We’ll present information on what they mean and how (and why) they can affect you and your loved ones.

Example: A couple of months ago, a man died in a hospital after surgery. His family initiated an investigation. The family discovered that the doctor was capable of committing medical negligence. It is said that there were two ways to describe the case: 1) medical malpractice and 2) medical negligence. The core essence of both types of cases is that there is a breach of duty that causes harm or death to the patient due to the neglect of the doctor.

Medical Negligence

Medical negligence is a term used to refer to health care cases where you feel the treatment provided has fallen below the accepted standard of care for your condition. There are many components to a successful medical negligence claim and legal aid is often required. With the help of a specialist medical negligence lawyer, you can make sure your rights and entitlements are respected and ensure that you get fair and adequate compensation.

Medical Malpractice

Medical malpractice comes in several forms but is most commonly defined as any healthcare-related injury directly caused by the negligence of a physician or other professional. Medical malpractice can cause patients serious harm and even death.

Medical malpractice is an area of law in which the victim hires a medical malpractice attorney who then tries to prove that the doctor or healthcare professional failed to meet the community’s standard of care. The failure of the doctor to meet the necessary standard of care may cause damage to the patient.

Medical malpractice is one of the most serious lawsuits that can hit any doctor, clinic, or hospital. It is also one of the most sensitive issues in the US where people value their medical agencies for their services. The real fact is that neither patients nor medical institutions can properly live without each other. However, using a hospital-based medical practitioner due to errors made at the workplace is never an easy thing to do because it involves properly representing your case.

Difference Between Medical Malpractice and Medical Negligence

Medical malpractice and medical negligence are terms used interchangeably when in fact they each refer to separate circumstances. Medical malpractice occurs when a healthcare professional, such as a doctor or nurse repeatedly fails to provide reasonable and standard medical practice in treating an individual. The legal definition of this is: “Any deviation from the accepted standard of practice that creates an unreasonable risk of harm to the patient”. Medical negligence on the other hand is a failure by a medical professional to provide reasonable care. This can include errors in diagnosis, treatment, and prescribing treatments, leaving out important information from patients, etc. In short, medical negligence occurs when a mistake has been made due to the incompetence of a medical professional.

Do You Need Medical Malpractice Or Medical Negligence Attorney Or Lawyer, What Do You Do?

Well, there are many law firms that can help you in your cases related to medical negligence and medical malpractice. But we are the best law firm that can help you in your case with legal terms and conditions.

If you want to consult any lawyer for being neglected by the medical team, you can contact our experienced lawyers of Philadelphia Medical Malpractice Attorney. This is the best law firm that provides you with trained lawyers. Our Philadelphia medical malpractice attorneys are ready to fight for your rights.

Is Misdiagnosis Grounds For A Medical Malpractice Case?

Is Misdiagnosis Grounds For A Medical Malpractice Case?

Medical error or delayed diagnosis of a medical disease, illness, or damage is the source of many medical malpractice cases. A patient’s condition can be made significantly worse, and they may even die if a doctor’s diagnosis error results in erroneous therapy, delayed treatment, or no treatment at all. However, a diagnostic error by itself is insufficient to support a medical malpractice claim.

Continue reading to understand what a patient needs to establish in a medical malpractice claim based on misdiagnosis, the many sorts of diagnostic mistakes, and why misdiagnosis is more likely in emergency rooms. Philadelphia Medical Malpractice lawyer here can be a great assistance for you.

What Exactly is a Misdiagnosis?

A misdiagnosis of your injury or illness indicates that your doctor made an incorrect assumption or misunderstood your test results. Their wrong diagnosis might lead to:

  • Exacerbating your medical condition
  • Postpone your right diagnosis
  • Cause more significant injury or death to you 

Misdiagnosis can also occur if your doctor fails to provide you with any diagnosis. In other cases, the hospital or pharmacy may be to blame.

All of these things go against the “medical quality of care” that you should anticipate while dealing with a doctor. When a doctor fails to help you, it may be deemed medical negligence. To be able to sue a doctor for mistaken diagnosis, your error must have resulted in harm — or the death of a loved one.

Typical Misdiagnoses:

Doctors have a 95 percent success rate, with only one out of every twenty cases misdiagnosed. On the other hand, a misdiagnosis might result in an ailment going untreated for an extended period or a patient enduring unneeded therapies. Here are a few conditions that are frequently misdiagnosed:

  • Asthma 
  • Heart Attack 
  • Lyme illness
  • Parkinson’s disease 
  • Lupus

What Should I Do If My Condition Gets Worse After Seeing a Doctor?

If it’s an emergency, get to an emergency unit or urgent care center as soon as possible. Your first concern is to get healthy, and your attorney will advise you on how to proceed with the lawsuit. They should inform you that you have a “responsibility” to:

  • Stick to your doctor’s orders unless they’re making you feel worse or you do not see any results.
  • You won’t have to wait if you require more assistance.
  • Waiting for things to go worse on purpose is not a good idea.
  • Do not delay because your doctor advised you to.

It is referred to as “damage mitigation.” The patient, as well as the practitioner, might be scrutinized in medical malpractice trials. They’ll want to make sure you’re not making your illness or injury worse on purpose to defraud them. If you wish special assistance, you must seek it as soon as possible.

You may be able to sue a doctor for your original injuries or sickness in some situations. Still, any additional damages that occurred due to your waiting may not be included in that trial. Those further injuries would be entirely your fault.

Having lawyers on your side from the start will help you prevent more issues and fight for a solid case.

Is It Possible to Avoid Being Misdiagnosed?

It’s sad if your doctor misdiagnoses you, but mistakes do happen. You can lessen the odds of a misdiagnosis by doing the following:

  1. If you are not improving, you should ask questions.
  2. Getting a second opinion or having your initial doctor re-examine your results
  3. Make a list of any instructions, words, notes, or anything else you don’t understand.
  4. Inquiring about other possible diagnoses so that you can change treatments if necessary.
  5. Look for a doctor with a good reputation or ask for referrals for a new doctor.
  6. Schedule a consultation with a professional

I Believe I Was Misdiagnosed. So, What’s Next?

Misdiagnosis and delayed diagnosis are more prevalent than you may expect in medical negligence situations. You are the only one who knows how you are feeling. If you’re not getting better or something doesn’t seem right, trust your instincts. You can either return to the same doctor and explain the new difficulties or symptoms or get a second opinion from a different doctor.

For medical malpractice cases, the statute of limitations — the period of time you have to file a claim — is usually two to six years. However, it is dependent on the state in which you reside.

How Do I Begin the Procedure to File a Lawsuit Against my Dxoctor?

Your first step should be to contact a medical malpractice attorney for a free consultation to see if you have a case and if you are within the time restriction. Find a reputable law firm that has medical malpractice attorneys on staff. Please give them your name and phone number, as well as any information about your situation. They should contact you and provide legal advice on whether or not to pursue the matter. Keep in mind that until you employ an attorney, you do not have an attorney-client relationship.

What Is the Best Way to Prove Misdiagnosis?

You must have four components in your claim to sue for negligence: duty, breach, causation, and damages:

Duty:

Was it the doctor’s responsibility to look after you? When a doctor and patient have a connection, the doctor is responsible for operating as a reasonably competent doctor.

Breach:

Is the doctor in violation of his oath? A doctor’s failure to diagnose an ailment does not always imply that he was negligent. To prove a breach of duty, you’d have to show that a different, reasonably competent doctor might have correctly diagnosed the condition.

Causation:

Have you been harmed as a result of the doctor’s misdiagnosis? Your doctor may have mistakenly diagnosed a loved one with cancer rather than the flu, but the next day, they were killed by a car. The misdiagnosis of the doctor was not the cause of death.

Damages:

Have you suffered any consequences as a result of the misdiagnoses? It’s possible that your doctor misdiagnosed you with migraines rather than the flu. He did, however, prescribe Tylenol, which helped you recover from your virus. It indicates you were not harmed as a result of the misdiagnosis.

Following that, you may need to gather papers to demonstrate diagnostic or medical mistakes that occurred while you were in the hospital or during a doctor’s appointment. These will include:

  • Continue to back up your claim in the future
  • Demonstrate a doctor-patient interaction
  • Provide proof of your doctor’s malpractice
  • Provide a foundation for your attorney to construct the case

When you ask for your medical records, the provider should release them to you. You should notify your attorney if they appear to be resisting.

You could acquire a second opinion on your medical treatment in the future to prove your doctor was mistaken. It is known as differential diagnosis, and it is used to prove that a diagnosis was made incorrectly the first time around. If the matter proceeds to court, other physicians may be called expert witnesses.

Is There a Case for Medical Malpractice?

You might be misdiagnosed for a variety of reasons. The doctor may have made a mistake or failed to listen to you, or you may have forgotten to mention an essential aspect of your medical history or symptoms. It doesn’t matter why it happened; what matters is that you get better. It can be life-threatening if you don’t acquire the information you need. Get the medical help you require, and then consult with an expert attorney to determine whether or not you have a medical malpractice case. It is your right to get adequate medical treatment, thus suing your doctor may be required.