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 How to Find the Best Medical Malpractice Attorney: 4 Things to Consider for Your Birth Injury Case

If a medical professional’s negligence caused injuries to your baby and/or the mother in the course of childbirth, you may be able to file a birth injury lawsuit. But how can you find the best attorney to handle the case? Read on to learn four important considerations in finding the best attorney for your birth injury case.

 1)    There are different disciplines of medicine involved. 

Even though birth injury sounds like a narrow subcategory of medical malpractice, it is anything but narrow in its scope. An experienced birth injury attorney will have a working knowledge of various types of medicine, including obstetrics, nursing, neonatology, pediatric neurology, pediatric cardiology, orthopedics, and maternal fetal medicine. The birth injury attorney’s deep understanding of these types of medicine enables them to properly analyze your case.

2)    A winning strategy means finding the best theory of negligence.

In addition to understanding the various types of medicine involved in a potential birth injury case, your Philadelphia birth injury lawyer must understand all of the facts in evidence and the legal theories involved. There are certain fact patterns that will be familiar to an experienced birth injury attorney and it’s the ability to recognize the particulars of these cases and pinpointing the proper theory of negligence that distinguishes a good birth injury attorney from a bad one.

3)    Your attorney needs to know the right experts. 

A good birth injury attorney in Philadelphia will have the right contacts for every case that comes across their desk. They will have a database of top-quality experts in the varying fields of birth injury medicine discussed above so that when you reach out to them to represent you, they know the first person to call for an expert opinion. If the case, for example, involves a baby’s bone fracture during childbirth, the attorney may call an orthopedist to determine the extent of the baby’s injuries. This segues neatly into the next consideration: damages.

4)    Understanding the extent of damages is key to winning the case.

In Pennsylvania, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, the exact figure can be established with documentation. Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a birth injury. For your birth injury case, a good birth injury attorney will understand the extent of the damages and ensure that you are compensated fully. For example, if you had to stop working to manage your child’s care as a result of the birth injury, you could collect economic damages called “lost wages.” Medical expenses related to the birth injury are also economic damages. Non-economic damages would include your child’s loss of enjoyment or quality of life due to, for instance, an injury that prevents them from enjoying typical childhood milestones such as bike-riding or going down a slide at the playground.

So that you can do what’s best for your child and for your family, contact the qualified birth injury attorneys at VSCP Law.

 

How Do I File a Medical Malpractice Lawsuit?

If you believe you have been injured because of what a doctor has done (or has not done), then you might have a valid medical malpractice case. Now what? How do you file a lawsuit?

In order to file a medical malpractice lawsuit, you should contact an attorney who has substantial experience in medical malpractice law. There are some legal cases that people try to handle pro se – on one’s own behalf. This is not one of them. You should not attempt to handle your own medical malpractice case. This is not the kind of case that can be done properly without an attorney.

Pennsylvania medical malpractice law is highly specialized. Below are some of the important steps a medical malpractice attorney will take to file your lawsuit.

Review records

Your attorney will review medical records, health summaries, hospital notes, lab results, and all other necessary paperwork to fully understand the actions (and sometimes inactions) of the health care staff who may have been responsible for the medical mistake. It takes an experienced attorney to know how to analyze piles and piles of medical records and which pieces of evidence are key to the success of the case.

Comply with statutory requirements

Pennsylvania medical malpractice law can be complex. There are several important statutes that must be followed in order to successfully file your lawsuit. For instance, under Pennsylvania’s Statute of Limitations law, you have two years to file a lawsuit, starting from when you knew or should have known that your injury was the result of the defendants’ medical mistake. In the case of a deceased party, Pennsylvania law allows you two years from the official death date to file a wrongful death medical malpractice lawsuit. If you miss this crucial deadline, you lose the right to file a lawsuit. So, your medical malpractice attorney will have to figure out the best timing for filing the Complaint. In addition to the question of when to file the lawsuit, your attorney needs to figure out where to do so. Your medical malpractice attorney should spend considerable effort figuring out the best venue for your case. Several factors go into this analysis, including location of medical treatment and whether the county is typically supportive of medical malpractice plaintiffs.

Find the right expert

Not only do you need a medical expert to help prove that medical negligence occurred in your case – you need a medical expert who practices the same field of medicine as the healthcare professional who harmed you. For instance, if your injuries occurred during gastrointestinal surgery, your medical malpractice attorney will likely discuss the case with an expert who is a gastrointestinal surgeon.

File the Complaint and Certificate of Merit

Assuming the expert described above agrees that a medical error took place and caused your loved one’s injuries, the expert will prepare a Certificate of Merit. Your Pennsylvania medical malpractice attorney will file a Complaint along with the Certificate of Merit in court.

And thus begins your formal lawsuit against the defendants.

An experienced medical malpractice attorney in Pennsylvania will help you file (and win!) your medical malpractice lawsuit. Find one at VSCP Law.

People often ask: If I suffer a personal injury, should I call a personal injury attorney?

The answer is easy: YES.

And then they wonder: when should I call a personal injury attorney?

The answer is also easy: AS SOON AS YOU CAN.

Read on to learn why your best course of action after suffering a personal injury is to promptly call a personal injury lawyer.

You May Think Your Case is Simple, But It’s Not

No matter how straightforward your case seems, it’s actually not. Let’s say you were driving and the car behind you rear-ended your car, causing you to suffer neck and back injuries. You may think this is a straightforward auto accident because you learned that people who rear-end the drivers in front are always at fault. But there are many factors to consider in auto accidents including the usage of handheld devices (like your cell phone) while driving, whether there were other distractions, whether the cars involved were compliant with state inspection laws, whether there were any recalls of parts on either of the cars, etc.

And what about your injuries? What was your health like prior to the accident? What problems do you suffer now because of your neck and back pain? Did you have to take time off from work to deal with your injuries? Are you totally healed or are there permanent injuries? There is no shortage of important factors to consider and only an experienced personal injury attorney can identify all of them. And only an experienced personal injury can undertake a proper analysis of each and every one of them.

And what about the various laws and rules of procedure in the Pennsylvania courts? No layperson is expected to understand how the law and procedure work in any particular case. Sadly, even many practicing attorneys who spent three years in law school don’t understand all of Pennsylvania’s complicated rules and regulations. Often, a personal injury lawyer in Philadelphia who has never practiced in Scranton won’t be as knowledgeable about the particular whims of, e.g., the Lackawanna County court system as well as a personal injury lawyer who has practiced in Scranton would be. So, you may think your case is simple, but it’s not. You need an experienced personal injury attorney to help you.

The Attorney Will Help You Avoid Pitfalls, Such As Not Acting Early Enough to Retain Key Evidence

People who suffer an injury and don’t consult with a lawyer often learn after it’s too late that they made critical errors early on. Often, it’s that they failed to preserve key evidence that would have helped their case. An experienced personal injury attorney knows what actions must be taken early in the process such as ordering medical records; reviewing police reports; and collecting witness statements, photographs, and videos. The presence or absence of these crucial forms of evidence could determine whether your lawsuit is successful or not.

Much of the critical evidence is in the possession of the defendant and if those items aren’t requested early in the process, the defendant could destroy them.

Thus, you need a Pennsylvania personal injury attorney to help you avoid common missteps that could otherwise hinder the success of your lawsuit.

The Attorney Knows the True Value of Your Case

When you file a claim with your insurance company, the insurance company may try to convince you that they can handle everything. More often than not, an insurance company will undervalue your case. In other words, they will tell you that they can only collect a certain amount of money (because that is the maximum amount they’d be able to collect for you). Whatever amount the insurance company tells you is typically far less than what a Philadelphia personal injury lawyer can collect for you.

Your personal injury lawyer in Philadelphia knows how to build a case that is designed to help compensate you for your suffering and make sure that you get the most money possible for your injuries.

It’s Free!

Your personal injury attorney will investigate the facts leading up to your injuries – at no cost to you. If your personal injury lawyer determines that there is no negligence that caused your injury and there is no one to sue, you won’t have lost any money. Your attorney undergoes all that investigation at zero cost to you.

To find an experienced personal injury to represent you, call the attorneys at VSCP LAW.

If you believe you have been injured because of what a doctor has done (or has not done), then you might have a valid medical malpractice lawsuit and you may be able to be compensated for your injuries. The only way to know if you do, in fact, have a valid medical malpractice claim is by contacting a medical malpractice attorney for a consultation. Below are some more reasons why you should hire a medical malpractice lawyer.

YOU WILL BE ABLE TO FILE THE LAWSUIT IN THE FIRST PLACE

In every medical malpractice case, time is of the essence. If your Pennsylvania medical malpractice lawyer does not act efficiently and swiftly, critical information could be permanently lost or worse: You could lose the opportunity to file a lawsuit at all! You need to hire an experienced attorney who appreciates the time-sensitive nature of your medical malpractice claim and who files the lawsuit before the statute of limitations expires. If the statute of limitations expires, you lose your right to file a lawsuit in the first place.

YOU’LL BE ABLE TO RETAIN CRUCIAL EVIDENCE

An experienced medical malpractice attorney knows what actions must be taken early in the process such as ordering medical records including hospital intake forms, nurses’ logs, doctors’ notes, lab results, diagnostic orders and test results, etc. Other examples of evidence that needs to be gathered in a timely fashion include witness statements, photographs and videos, and physical objects that are related to the medical malpractice claim such as prescription bottles and medical devices.

The presence or absence of these crucial forms of evidence could dictate whether your lawsuit is successful or not.

YOUR COMPLAINT WILL INCLUDE ALL NECESSARY CLAIMS FOR COMPENSATION

An experienced medical malpractice attorney evaluates the case with knowledge of all possible causes of action and claims for damages. For example, here <hyperlink to categories of compensation in birth injury case> are the various forms of compensation you can collect in a Pennsylvania medical malpractice case in the context of a birth injury. Also, there are special statutes in Pennsylvania that apply to certain cases. An experienced Pennsylvania medical malpractice attorney knows which statutes apply to your case and how to craft your claim in the way that puts you in the best position to win.

IT’S FREE!

Your medical malpractice attorney will investigate the facts leading up to your injuries and, with the assistance of medical experts, make a professional determination as to whether the healthcare provider was negligent and thus liable to you for your injuries. Whether the medical malpractice attorney decides to file a lawsuit on your behalf or not, you still owe no money to the lawyer for doing all of the initial legwork before making that determination. And your medical malpractice attorney never gets paid unless they win your lawsuit either by a jury verdict or settlement.

If you believe you have been injured as the result of a medical error in Pennsylvania, contact the experienced medical malpractice attorneys at VSCP LAW.

If you think you have been a victim of medical malpractice, there are some crucial, time-sensitive steps you need to take.

1. PRESERVE EVIDENCE

Often, victims of medical malpractice inadvertently lose or destroy key pieces of evidence. It is imperative that you preserve all necessary records and items pertaining to your medical malpractice case. If you are unsure whether a document is essential to your case, err on the side of holding onto it. Keep everything you can because you don’t know yet what item will become crucial to the success of your case.

Examples of evidence include medical records, intake forms, toxicology reports, labwork, prescription slips, photographs and videos, work records, financial statements, and physical objects that are related to the medical malpractice (eg, prescription bottles, medical devices, etc.). Even media such as emails, text messages, and social media posts should be preserved in case they can help your case.

Again, the absence of these items could reduce the value and success of your medical malpractice case in Pennsylvania.

2.KEEP UP WITH FOLLOW-UP MEDICAL CARE

An error victims of medical malpractice often make is skimping on their follow-up care. Whether it’s out of a distrust of doctors, inconvenience, or physical discomfort, some people just discontinue seeking medical treatment after their medical injury. This is a huge mistake. You may seek a second opinion, you may change doctors, but you may not ignore medical advice to get better and heal. Further, make sure to document and keep track of all out-of-pocket medical expenses.

3. TALK TO A LAWYER

In addition to the above important steps, a step you should take early on in the process is to consult with a Philadelphia medical malpractice lawyer. This lawyer will be able to make sure you abide by all the necessary regulations, including the time-sensitive statute of limitations. If you do not file your lawsuit within two years of your injury, you may be barred from doing so. Thus, you must consult with a medical malpractice attorney in Philadelphia as soon as you can.

When you meet with this lawyer, you must provide as much information as you can about the circumstances before, during, and after your medical injury. That will enable your lawyer to evaluate the viability of the claim – that is, whether the claim is likely to be successful in court.
You should find medical malpractice lawyers who will take your case on a contingency basis. That means that the attorney gets paid contingent on the case being successful (either winning a plaintiff’s verdict at trial or receiving a payment through a settlement agreement). In a contingent-based case, you don’t pay any money to the attorney to try your medical malpractice lawsuit. When the case resolves in a successful verdict or settlement, the attorney is paid a percentage of the verdict or settlement amount.
If you believe you are a victim of medical malpractice, contact the medical malpractice attorneys at VSCP Law – www.vscplaw.com

People often wonder what is involved in the building and completion of a medical malpractice case. Below is a general list of the various steps that take a case from inception to conclusion.

1. DETERMINING WHETHER THERE’S A CASE

Initially, after you believe your loved one has suffered from a medical mistake, you should contact a Philadelphia medical malpractice lawyer. They will want to review medical records, health summaries, hospital notes, lab results, and all other necessary paperwork to fully understand the actions (and sometimes inactions) of the health care staff who may have been responsible for the medical mistake.

2. GETTING AN EXPERT INVOLVED IN THE CASE

Once your Philadelphia medical malpractice attorney has determined that medical negligence likely caused your loved one’s injuries, they will connect with a proper expert. The expert must be in the same field of medicine as the healthcare professional who harmed your loved one. For instance, if your loved one’s injuries occurred during gastrointestinal surgery, your medical malpractice attorney will likely discuss the case with an expert who is a gastrointestinal surgeon.

3. FILING THE COMPLAINT AND CERTIFICATE OF MERIT

Assuming the expert described above agrees that a medical error took place and caused your loved one’s injuries, the expert will prepare a Certificate of Merit. Your Pennsylvania medical malpractice attorney will file a Complaint along with the Certificate of Merit in the court. And thus begins your formal lawsuit against the defendants.

4. CONDUCTING DISCOVERY

Your medical malpractice attorney in Philadelphia and the defendants’ attorney will then engage in “discovery.” Discovery is a process by which information is exchanged between both sides. Your attorney will want to see all the medical records, staff notes, entry forms, etc. that help paint a picture of the defendants’ actions and inactions that led to your loved one’s injuries. The defendants’ attorney will want to see any records that establish your loved one’s injuries, like physical therapy records, disability reports, etc.

After (and sometimes while) paperwork is exchanged, the attorneys will conduct depositions. Depositions are recorded interviews of important witnesses who are under oath. Many different individuals may be deposed such as, treating doctors, nurses, hospital staff, hospital administrators, and family members of the injured person.

5. TRYING THE CASE

The next stage is to go to trial and present the case to a jury or judge. At this stage, many of the same people who were deposed will be asked to testify. The experts your medical malpractice attorney in Philadelphia hired will have to testify as well as the experts hired by the defendants’ attorney.

Sometimes the parties will settle the case before it gets to the trial stage. And sometimes a case will settle during the trial. But if the case did not settle before or during the trial, then the trial results in a verdict determining whether the defendants were in fact liable for your loved one’s injuries.

An experienced medical malpractice attorney in Pennsylvania will help you win your medical malpractice case. Find one at VSCP Law.

A personal injury attorney may be the key to your successful personal injury case. Here are five reasons you should hire one.

1. A PERSONAL INJURY ATTORNEY WILL INVESTIGATE – FOR FREE

It’s very possible that someone else is responsible for your injuries. Either through their actions or inactions, someone else caused you to suffer an injury. The only way to truly know whether someone else played a part in your injuries is to hire a Philadelphia personal injury attorney. Your attorney will investigate the facts leading up to your injuries and make a professional determination as to whether the other person was negligent and thus liable to you for your injuries.

Your attorney will gather evidence that is critical to your case. If you were injured in a slip and fall, your attorney might collect building records, weather history, janitorial schedules, etc. If you were injured in a car accident, your attorney might gather auto mechanic invoices, cell phone records, and the defendants’ driving records. Other examples of evidence that your Pennsylvania personal injury lawyer will collect include witness statements, photographs and videos, and all physical objects that are related to the events leading up to your injury.

And after all that, if your personal injury lawyer determines that there is no negligence that caused your injury and there is no one to sue, you won’t lose any money. Your attorney undergoes all that investigation at zero initial cost to you.

2. A PERSONAL INJURY LAWYER WILL HIRE THE RIGHT (AND BEST) EXPERTS

In many cases, a personal injury lawsuit is complicated and requires expert review and analysis. Your personal injury lawyer in Scranton has access to the best experts in the country. They will ensure that the most appropriate and qualified experts review your case. And they will ensure that those experts write an ironclad report to bolster your claim in court.

3. A PERSONAL INJURY LAWYER KNOWS THE VALUE OF YOUR CASE

People tend to (wrongly) think they can keep things simple by handling everything by themselves. They don’t want to get lawyers involved because they worry that there are hidden costs or that it will take too much effort or time. When you file a claim with your insurance company, the insurance company may try to convince you that they can handle everything. More often than not, an insurance company will undervalue your case. In other words, they will tell you that they can only collect a certain amount of money (because that is the maximum amount they’d be able to collect for you). Whatever amount the insurance company tells you is typically far less than what a Philadelphia personal injury lawyer can collect for you.

4. A PERSONAL INJURY ATTORNEY WILL GET YOU MONEY FOR YOUR INJURIES

Under Pennsylvania law, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable; the exact figure can be established with documentation. They include lost wages, medical expenses, and future health-related costs.
Non-economic damages are not quantifiable – they are more of a subjective assessment of your suffering. They include loss of companionship, embarrassment, emotional distress, loss of quality of life, and pain and suffering.

Your personal injury lawyer in Pennsylvania knows how to build a case that is designed to help compensate you for your suffering and make sure that you get the most money possible for your injuries.

5. A PERSONAL INJURY ATTORNEY WILL PRESERVE ANY AND ALL NECESSARY EVIDENCE

An experienced personal injury attorney knows what actions must be taken early in the process such as ordering medical records; reviewing police reports; and collecting witness statements, photographs, and videos. The presence or absence of these crucial forms of evidence could determine whether your lawsuit is successful or not.

Much of the critical evidence is in the possession of the defendant and if those items aren’t requested early in the process, the defendant could destroy them.

Thus, you need a Pennsylvania personal injury attorney to preserve any and all necessary evidence.

To find an experienced personal injury in Philadelphia or Scranton, Pennsylvania to represent you, contact the attorneys at VSCP Law.

According to the Centers for Disease Control and Prevention, birth injuries affect 3% of all babies born in the United States. A birth injury refers to damage caused to a baby shortly before, during, or after their birth. Birth injuries can result in permanent damage to the baby that will last into childhood and adulthood. Common birth injuries as a result of negligence at and/or around the time of delivery include bone fracture, cerebral palsy, brachial plexus, vacuum extraction complications, brain damage, and encephalopathy.
If you believe your child suffered a birth injury, you may be able to file a lawsuit and get compensated for the various costs involved with a child who has been injured. This article explores why you should hire a birth injury lawyer who specializes in birth injury law in the City of Philadelphia – and how to find the right birth injury lawyer in Philadelphia.

WHY DO I NEED TO HIRE A PHILADELPHIA BIRTH INJURY ATTORNEY?

The First Judicial District of Pennsylvania includes the Court of Common Pleas in Philadelphia. The Court of Common Pleas has more than one hundred judges and handles a wide variety of cases including birth injury cases.

Some states have a unified judicial system. In New Jersey, for instance, the same rules and forms and procedures apply whether you file a lawsuit in Camden County, New Jersey or Union County, New Jersey. Pennsylvania, however, does not have a unified judicial system. Every county is different. Practicing law in Philadelphia County, Pennsylvania is very different from practicing law in Montgomery County, Pennsylvania or Bucks County, Pennsylvania. There are special forms, filings, procedures, and processes that attorneys practicing law in other counties would find downright confusing. If you plan to hire a lawyer for a birth injury that occurred in Philadelphia, you should hire a Philadelphia birth injury lawyer.

A Philadelphia birth injury attorney knows the ins and outs of the complicated Philadelphia judicial system, has the necessary contacts at the various large Philadelphia-based medical institutions, and knows how to navigate every crucial stage of a successful birth injury case in Philadelphia.

HOW DO I FIND THE RIGHT BIRTH INJURY ATTORNEY IN PHILADELPHIA?

When you do a Google search, you may find that a lot of lawyers in Philadelphia appear to handle birth injury cases. If you click on the “Practice Areas” tab of their websites, you’ll see “birth injury” listed. That means very little. It’s very possible that no attorneys in that firm have ever handled a birth injury case. The words “birth injury” on their website just means the lawyers in that firm are willing to handle a birth injury case. Again, it’s highly possible that no one in that firm ever worked on a birth injury case.

If your child needed braces to correct an overbite, you wouldn’t take them to a dentist. You would take them to an orthodontist. You would take them to the professional who has the specific training necessary to solve the problem you bring to them.

Check out the profile pages of the attorneys at the firms you’re considering. Are there specific examples of birth injury cases listed? Check out the media tabs – are there news articles about birth injury cases? Check out their resources tab – do they offer resources on birth injuries? Do they have a blog where they discuss birth injuries? If yes, these are all indications that the attorneys have solid experience handling birth injury cases and that they will be the right birth injury attorneys for your case.

If you believe your loved one has suffered a birth injury, contact the experienced birth injury attorneys at VSCP Law.