By VSCP LAW
Many people in the Philadelphia area suffer from medical injuries and wonder, “Do I have a
medical malpractice lawsuit?”
To answer, it makes sense first to explore the following questions.
Medical malpractice is a negligence claim in the context of medicine.
This means that if you have been injured because of what a doctor has done (or has not done),
you might have a valid medical malpractice lawsuit.
The medical malpractice might have occurred because your doctor gave you a wrong diagnosis
or prescribed the wrong medicine. Or maybe the nurses injured you while administering
medicine or wound care. Maybe the hospital did not provide medical staff to address your
medical issue promptly.
Any time a doctor, nurse, or any health care professional causes you to suffer an injury related to
their treatment of you either by doing something or not doing something you may have a medical
malpractice lawsuit in Philadelphia.
Long answer short? Nothing.
A plaintiff in a medical malpractice lawsuit in Philadelphia does not pay her lawyer for the time
the lawyer puts into her case. Instead, if the lawsuit resolves in a verdict for the plaintiff or an
out-of-court settlement, that monetary award is used to pay the medical malpractice attorney
back for her costs and attorney fees.
Medical malpractice attorney fees in Philadelphia are usually 40%. This is called a contingent fee
arrangement. The plaintiff’s Philadelphia medical malpractice lawyer assumes and pays for all
the risk associated with the case. That medical malpractice lawyer only gets paid back if the case
is resolved in the plaintiff’s favor (i.e. if the plaintiff wins the case).
Your first step is to contact a medical malpractice attorney in Philadelphia. The medical
malpractice lawyer will walk you through the necessary steps, including obtaining your medical
records and deposing your doctors.
The medical malpractice attorney makes all of this as easy as possible for you – you have to sign
the contingent fee agreement and a document that permits the medical malpractice attorney to
collect your medical records from your doctors.
Your medical malpractice lawyer will then review your records and consult with medical experts
to determine if you can file your case.
The rules in Philadelphia are that you have two years to file a medical malpractice lawsuit. The
name for this time restriction is “statute of limitations”. The Philadelphia medical malpractice
statute of limitations rule gives you two years after you knew or should have known that your
medical injury was caused by your doctor or healthcare provider.
The exception to this two-year rule is for children who are the victims of medical malpractice.
For them, the statute of limitations runs two years after they become an adult (i.e., two years
after their 18th birthday).
If you believe you or your loved one has suffered a medical injury and would like to explore
whether you have a medical malpractice lawsuit, contact VSCP Law at vscplaw.com.
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