Healthcare professionals and facilities are supposed to provide the standard of care that patients need to recover from injury and improve their quality of life. Unfortunately, some doctors and hospitals fail to take reasonable steps to keep their patients from harm. Medical malpractice is an act of negligence that can physically, financially, and emotionally hurt patients, and it can happen to anyone.
If you or your loved one experienced poor medical care that caused you to suffer an injury, consult with a Philadelphia medical malpractice lawyer as soon as possible. Under the court system of Pennsylvania, you may be able to seek compensation for your medical costs, pain and suffering, emotional anguish, and other related losses. Call Ben Crump Law, PLLC at 800-959-1444 to understand your situation better and learn more about your rights.
You May Have a Medical Malpractice Case if Any of These Happened to You
There are many ways medical malpractice occurs, and they typically involve healthcare providers who fail to perform their medical duties competently and injure their patients. Cases involving medical negligence or errors vary widely, but they commonly fall under the following types:
Failure to Diagnose
Patients rely on the timely and accurate diagnosis of their condition to get better. If a doctor gives an incorrect or delayed diagnosis, this can prolong the illness or worsen symptoms. While it is sometimes unavoidable for medical practitioners to commit mistakes, you may have a medical malpractice claim if you can show that a similarly skilled professional would not have carried out the same actions that your doctor has done.
Medical professionals must conform to accepted medical standards regarding patient care. You might be eligible to pursue legal action if your doctor treated you in a manner that no other competent and reasonable doctor would. Improper treatment also includes instances where a doctor administers an appropriate treatment incorrectly.
Failure to Warn
Medical practitioners have a legal and ethical duty to establish informed consent or inform their patients about the benefits, risks, and alternatives of an advised treatment plan, according to StatPearls. Patients have the right to decide on what happens to their bodies, and a medical malpractice claim may arise when a doctor does not warn a patient about the potential complications or risks of surgery, treatment, or other procedures.
Keep in mind that not every unfavorable outcome is a result of malpractice. A Philadelphia medical malpractice lawyer can help determine whether or not you have a case and guide you on the next steps to take.
For a free legal consultation with a medical malpractice lawyer serving Philadelphia, call 800-641-8998
What You Need to Prove in a Medical Malpractice Case
The success of a medical malpractice claim considerably rests on how effectively a plaintiff proves the elements of a case. If you are qualified to file a lawsuit, the burden of proof is on you. Just like in other personal injury cases, negligence is a crucial factor when seeking compensation. Nevertheless, there are some unique components when it comes to medical malpractice.
You must first establish that there was a patient-doctor relationship. This means your doctor should have been treating you in an official capacity. Next, you have to show that your doctor must keep you safe from harm and provide you with the best care possible. Following this, it is critical to proving that your doctor breached the standard of care, which ultimately caused you to suffer injuries. Examples of actions or inactions that the law may consider as a failure on your doctor’s part to act with reasonable care include surgical errors or improper explanation of the risks involved in a medical procedure.
It is not uncommon for medical malpractice cases to become complicated affairs if several legal elements are involved. Working with a Philadelphia medical malpractice lawyer can assist you in filing a valid claim and facilitating the presentation of evidence to the court. Reach out to Ben Crump Law, PLLC by calling for your consultation.
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State Laws That Can Impact Your Case
If you have a potential lawsuit against a healthcare professional or facility, it is crucial to know how the following laws can apply to your situation.
Certificate of Merit
When filing an initial complaint, you must also submit a certificate of merit at the same time, or not more than 60 days after filing the complaint. The document contains the statement of a medical expert or a licensed professional who reviewed your claim and believes that your doctor’s failure to treat you within the acceptable standard of care led to your injuries.
Statute of Limitations
Under Pennsylvania law, you only have up to two years to file a lawsuit against a negligent medical provider. However, this statute of limitations has some exceptions, one of which extends the deadline when a patient discovers the injury at a later time. The MCARE Act of Pennsylvania also governs medical malpractice cases in the state, and one of the significant takeaways from the statute is the cap on when you can extend the statutory period. Generally, you cannot file a claim beyond seven years from the date of the alleged malpractice.
Statutory Damage Caps
Unlike in other states, there are no caps in Pennsylvania when it comes to damages. There is no limit to the amount of compensation that the court can award you. If you are a victim of malpractice, this means you can be adequately compensated, especially with the assistance of a Philadelphia medical malpractice lawyer.
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We Stand Up for Those Suffering from Another’s Negligent Actions
When you are trying to understand what could have gone wrong and how you can begin to find justice, we are here to investigate whether you have a potential claim and explain your rights as an injured victim. At Ben Crump Law, PLLC, you can connect with a compassionate and dedicated Philadelphia medical malpractice lawyer who will get to the heart of the matter and help you obtain the benefits you deserve.
Call our office today at 800-959-1444 for your free consultation and find out if you have a valid case. We can pursue recovery at no cost to you until we win.