Medical errors account for almost 10 percent of all deaths in the United States each year, making medical malpractice a leading cause of death in our country. The top five most common medical malpractice claims filed against healthcare professionals are as follows:

  

Misdiagnosis

 

Healthcare providers often misdiagnose patients, which could lead to serious injury or death. For example, women are often misdiagnosed when they suffer from heart attacks.  Because women and men experience heart attacks differently and doctors use the male presentation as the default, they fail to recognize the condition in women. While men may often experience chest pain or numbness in their left arms when having a heart attack, women may experience nausea, stomach pain, or dizziness. Poorly informed doctors misdiagnose women with menstrual cramps or indigestion rather than treating them urgently for the heart attacks they’re experiencing.

 

Delayed Diagnosis

There are many medical conditions that require prompt intervention by healthcare professionals. For example, a stroke (when blood supply to the brain is interrupted or reduced) is an urgent medical issue that requires timely diagnosis. When the healthcare professional recognizes the signs of stroke and acts quickly, they can help restore blood flow to the brain. Failure to do so will lead to oxygen deprivation in the brain, which can lead to brain damage, disability, and even death. If a healthcare professional delays diagnosis of stroke, they could be held liable for medical malpractice. Additionally, if they fail to act urgently, thereby delaying or withholding lifesaving treatment and disability-preventing treatment, they could be held liable for medical malpractice.

Misdiagnoses and delayed diagnoses can result in serious injury or death and, in those cases, the patient or their loved ones should consult a Philadelphia medical malpractice attorney immediately.

 

SURGICAL ERRORS

 

Surgeons are responsible for doing exactly what they stipulate to and nothing less. Perhaps they damage a nerve, operate on the wrong body part, leave a piece of surgical equipment (eg, gauze or scalpel) inside the body cavity, or they damage an organ. All of these mistakes support a medical malpractice action, as does any negligence by the anesthesiologist in the administration of the anesthesia. Your medical malpractice lawyer in Philadelphia can evaluate the actions and inactions of the surgical team who rendered you care and determine whether they committed medical malpractice.

 

PRESCRIPTION DRUG ERRORS

 

While prescription drugs can promote healing, ease pain, calm nerves, balance out blood levels, lower dangerous cholesterol, and regulate heart functions, they can also cause serious harm and even death, if not prescribed appropriately. Prescription drug errors include prescribing the wrong medication, prescribing the wrong dosage of medication, failure to warn a patient of serious side effects, and not considering the patient’s medical history and current prescription drug use. Your Philadelphia medical malpractice lawyer can help determine whether your doctor made an error while prescribing drugs.

 

BIRTH INJURIES

 

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 include bone fracture, cerebral palsy, brachial plexus, vacuum extraction complications, brain damage, and encephalopathy. Your Philadelphia medical malpractice lawyer can help evaluate whether your child’s birth injuries are related to a healthcare provider’s negligence or medical malpractice.

 

The above are the most common and frequent claims of medical malpractice. If you believe you or a loved one has suffered an injury due to the negligence of a healthcare provider, contact the experienced medical malpractice attorneys at VSCP Law – www.vscplaw.com

 

 

If you ask the general practice lawyer down the street questions about a medical mistake, they’re likely going to give you the number of a different attorney. If you call your neighbor’s lawyer with a potential medical malpractice case, they’re likely going to recommend you to a specialist in this area. There’s a reason most lawyers don’t take medical malpractice cases: they are not easy and they are complex. Read on to understand the challenges of winning a medical malpractice suit.

 

Medical malpractice lawyers must understand the art and science of medicine. If you have a stroke and the emergency room doctors fail to treat you urgently, you could suffer serious injuries. Your medical malpractice attorney in Philadelphia must know at least the very basics of neurology—the study of the brain, spinal cord, and peripheral nerves—to understand what was happening in your body at the time of the medical event and what the doctors should have done to properly treat you.

 

Medical malpractice lawyers must know the ins and outs of the healthcare system. A hospital isn’t just made up of doctors. There are nurses, physicians’ assistants, technicians, administrators, cleaning staff, pharmacists, phlebotomists, and aides. And healthcare doesn’t just take place in hospitals. Healthcare happens in private practice offices, surgical centers, emergency vehicles, pharmacies, and in private homes. And healthcare isn’t just surgery. Healthcare includes the prescription of medicines, the intake at a medical appointment, infection treatment, the transport of a patient, surgery preparation, surgery post-operative care, device implantation, and wound treatment. Medical malpractice lawyers in Philadelphia understand all the nuances of the healthcare system: who does what, where various medical treatments take place, who is liable for your injury, and whom to contact for evidence.

 

Medical malpractice lawyers must be versed in the complicated laws. In every medical malpractice case, time is of the essence. If you do not act efficiently and swiftly, critical information could be permanently lost or worse: You could lose the opportunity to file a lawsuit at all! Under the Pennsylvania statute of limitations, you have two years 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 the decedent’s loved one two years from the official death date to file a wrongful death medical malpractice lawsuit. In some exceptional cases, the plaintiff can show that the defendants “fraudulently concealed” their negligence (for instance, if they persuaded the plaintiff that their injury was not caused by their actions or inactions). In the case of fraudulent concealment, the plaintiff is granted two years from the time they discovered (or should have discovered) that the defendants’ actions or omissions could likely have caused their loved one’s death.

 

The above-referenced statute of limitations is not the only rule of law in a medical malpractice case. In fact, there are hundreds of different rules and procedures a medical malpractice lawyer in Philadelphia must know. Some pertain to what elements need to be included in the Complaint, how you serve the Complaint upon the defendants, when you serve the Complaint, what attachments must be included with the Complaint, how to conduct discovery, when to conduct discovery, which motions must be filed in order to preclude evidence, and then, if the case goes to trial, there are evidentiary rules and rules of procedure that govern that whole process. It takes a combination of a law school education and several years of specific experience to learn and understand the pages upon pages of complex rules and procedures.

 

Medical malpractice cases involve myriad complexities and it takes a specialist in medical malpractice law to overcome all the challenges and win your case. Find such an experienced Philadelphia medical malpractice lawyer at VSCP Law.

 

 

When a doctor – or any medical provider – fails to treat their patient with competent care, that failure is called medical negligence or medical malpractice. And if that incompetent treatment causes the patient to suffer an injury, the patient likely has a viable medical malpractice claim, for which the patient – and possibly their family – may be compensated.

Your best shot at a successful outcome of a medical malpractice lawsuit in Philadelphia is to undergo a legal consultation for medical errors with a Philadelphia medical malpractice lawyer. That medical negligence lawyer will have to prove the following four essential elements:

  1.     DUTY

A professional duty is the first element in a medical malpractice claim. The Philadelphia medical malpractice attorney has to establish that there was a doctor/patient (or healthcare staff/patient) relationship. They might ask: Was this medical provider charged with taking care of the patient? Did they accept the responsibility of caring for this patient? If the answer is yes, then duty has been established.

  1.     BREACH OF DUTY

The next element in the Philadelphia medical malpractice claim is breach of duty. Once the Philadelphia medical negligence attorney has proven that the medical professional had a duty to care for the patient, the attorney must next prove that the medical professional breached that duty. In other words, they have to prove that the medical professional failed to provide the standard of care expected of them. An example of breach of duty is when a surgeon leaves a surgical tool inside the patient’s body during surgery. Surgeons are expected to remove all surgical tools used during surgery from the body cavity. If they fail to do so, they have breached the duty they owed to their patient.

  1.     CAUSATION

The next element the Philadelphia medical malpractice attorney must prove is causation. If they can establish that the patient’s injury would not have occurred if it weren’t for the defendant’s actions or inactions, then they have proved causation. In other words, for the medical malpractice claim to be successful, the attorney must prove that the medical provider’s mistake – their negligence – led to the patient’s injuries or increased the patient’s risk of harm of sustaining the injuries. It’s not necessary to prove that the medical provider’s negligent actions were the only cause of the patient’s injuries. It’s only necessary to prove that the medical provider’s negligence increased the risk of harm to the patient.

 

  1.     DAMAGES

The last element the medical malpractice attorney in Philadelphia must prove is damages. The attorney will need to establish that, as the result of the medical professional’s medical negligence, the patient suffered injuries. These injuries may be new injuries or they may be an old injury that has been aggravated or worsened due to the medical professional’s mistake.

If the medical malpractice attorney can prove the above four elements, the client’s Philadelphia medical malpractice claim will have all the essential elements to move forward in a court of law.

If you believe you or a loved one has suffered an injury as the result of a medical provider’s mistake, contact the experienced Philadelphia medical malpractice lawyers at VSCP LAW.

 

If you believe you have been injured because of what a healthcare professional has done (or has not done), then you might have a valid Philadelphia medical malpractice claim. In case you have any doubt as to whether to hire a Philadelphia medical malpractice attorney, read on to learn the top four reasons you definitely need a medical malpractice lawyer

 

A MEDICAL MALPRACTICE ATTORNEY UNDERSTANDS THE ESSENTIAL RULES ON TIMING

In every medical malpractice case, time is of the essence. If you do not act efficiently and swiftly, critical information could be permanently lost or worse: You could lose the opportunity to file a lawsuit at all!

Under the Pennsylvania statute of limitations, you have two years 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 the decedent’s loved one two years from the official death date to file a wrongful death medical malpractice lawsuit.

In some exceptional cases, the plaintiff can show that the defendants “fraudulently concealed” their negligence (for instance, if they persuaded the plaintiff that their injury was not caused by their actions or inactions). In the case of fraudulent concealment, the plaintiff is granted two years from the time they discovered (or should have discovered) that the defendants’ actions or omissions could likely have caused their loved one’s death.

You need to hire an experienced Philadelphia medical negligence lawyer who appreciates the time-sensitive nature of your medical malpractice claim.

 A MEDICAL MALPRACTICE ATTORNEY KNOWS THE RULES – ALL OF THEM

 

The above-referenced statute of limitations is not the only rule of law in a medical malpractice case. In fact, there are hundreds of different rules and procedures a medical malpractice lawyer in Philadelphia must know. Some pertain to what elements need to be included in the Complaint, how you serve the Complaint upon the defendants, when you serve the Complaint, what attachments must be included with the Complaint, how to conduct discovery, when to conduct discovery, which motions must be filed in order to preclude evidence, and then, if the case goes to trial, there are evidentiary rules and rules of procedure that govern that whole process. It takes a combination of a law school education and several years of experience to learn and understand the pages upon pages of complex rules and procedures. Your medical malpractice attorney knows the various rules and how to comply with them.

         

A MEDICAL MALPRACTICE ATTORNEY HELPS GATHER CRITICAL 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 medical negligence lawsuit is successful or not. A Philadelphia medical negligence lawyer will help gather the critical forms of evidence you need to win the lawsuit.

 

A MEDICAL MALPRACTICE ATTORNEY KNOWS THE RIGHT EXPERTS

 

An experienced medical malpractice attorney has a huge database of high-quality expert witnesses. It’s important to note that 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, you will need an expert who is a gastrointestinal surgeon. Your Philadelphia medical malpractice lawyer is well connected with various experts and knows whom to call upon for the pertinent expert work.

If you believe you or a loved one has been injured as the result of a medical error in Philadelphia, contact the experienced medical malpractice lawyers at VSCP Law.

 

 

 

The brain is believed to be the most important organ in your body. It is your central processing system, which controls and coordinates all the vital functions of the body. It helps control your physical actions and it helps you think and learn new things. That is why brain injuries can be so traumatic. They literally can change the way you move, the way you talk, and the way you think.

 

If you experience a traumatic brain injury as the result of someone else’s actions or inactions, you should hire a Philadelphia brain injury attorney to represent you in a traumatic brain injury lawsuit. Read on to better understand the five main benefits of hiring a brain injury attorney in Philadelphia.

 

THEY WILL GUIDE YOU IN ATTAINING THE PROPER CARE

 

If your loved one suffered a brain injury, it’s common to feel overwhelmed. Sometimes that overwhelming feeling can cause inertia – you just can’t move or do anything. You don’t know how to navigate complicated hospital systems and various healthcare providers. A Philadelphia traumatic brain injury lawyer can help by connecting you with the proper healthcare professionals who can provide thorough medical evaluations, early intervention, physical therapy, occupational therapy, and other critical care. Some of this care might be short-term and some of it might be lifelong care. Your brain injury attorney knows whom you need to see, when, and for how long.

 

THEY WILL PRESERVE YOUR RIGHTS TO FILE A CLAIM

 

In Pennsylvania, you can file a brain injury medical malpractice claim up to two years after you knew or should have known the brain injury resulted from the defendants’ negligence. But you should never wait that long to consult a law firm. Your brain injury lawyer in Philadelphia needs time to collect evidence and discuss the case with experts all before they can file your brain injury lawsuit. Contacting your brain injury lawyer as soon as possible ensures that you don’t lose your right to file your traumatic brain injury lawsuit.

  

THEY WILL COLLECT CRITICAL EVIDENCE

 

Another benefit to hiring a brain injury lawyer is that they will collect evidence that could be crucial to your brain injury lawsuit. Let’s say your baby was injured during childbirth at a Philadelphia hospital. A brain injury lawyer in Philadelphia who has handled birth injury cases can help you understand which several documents are necessary to prove your case. The medical terms may seem complicated and the medical records may be hard to understand. That’s why you need an experienced traumatic brain injury lawyer to help you. They will review and digest all the necessary information that is essential to your child’s birth injury lawsuit. They will build a case that proves that the healthcare professionals’ actions or omissions caused your child’s injuries. This evidence will also help establish the extent of your child’s injuries, detailing every related issue, whether it’s physical or emotional.

 

THEY CAN EASILY NAVIGATE COMPLEX SYSTEMS

 

An experienced brain injury law firm is well-equipped to handle the complicated legal system with its various statutes, discovery schedules, motion practice, brief-writing, and depositions. They can also help navigate other complex systems that may arise. Whether it’s a large hospital system that refuses to give you medical records, for example, or the need to find a lifecare planner to help you figure out the costs of caring for your loved one over their lifetime, Philadelphia brain injury lawyers can help navigate these complicated systems.

 

THEY WILL GET YOU MONEY DAMAGES

  

It goes without saying that no amount of money will take away the pain you feel when your loved one suffers a traumatic brain injury. But, under our system of laws, you can collect compensation for the traumatic injury. Sometimes those injuries are related to temporary or permanent disabilities or incapacities in a broad range of contexts: emotional, developmental, behavioral, mental, and physical. And you can suffer too – in particular, emotional distress and, of course, the exorbitant costs of caring for your loved one in their post-injury condition. How could anyone possibly quantify all of the suffering of a brain injury victim? It’s not easy, but at least when you hire an experienced traumatic brain injury team, you can rest assured that you will get the most compensation possible for your case.

Let experienced brain injury attorneys ease some of your burden so you can shift your focus to caring for your loved one. Find your brain injury support team at  VSCP Law.

Medical Malpractice Lawyers in Philadelphia: Successful Strategies for Winning Suits

If a doctor’s medical mistake caused your injury, you may have a strong Philadelphia medical malpractice claim. What does your medical malpractice lawyer in Philadelphia need to do to win your lawsuit?

EVIDENCE COLLECTION AND PRESERVATION

Your hospital malpractice lawyer 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. Whether a medical malpractice case is a winning one can depend heavily (and sometimes exclusively) on the evidence. Remember: a lot of the evidence you will need for your medical negligence case is in the possession of the defendants. In many cases, the defendants won’t initially give you every piece of evidence you are entitled to. Your medical negligence lawyer will ask for what you need to win the case and if the defendants fail to produce it, your attorney will file a motion with the court to compel the defendants to produce it.  

STATUTORY REGULATIONS COMPLIANCE: THE WHEN AND THE WHERE OF FILING THE LAWSUIT

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 may lose the right to file a lawsuit.

An important exception to the Pennsylvania statute of limitations is in cases of “fraudulent concealment.” This statute provides that if a plaintiff is persuaded or lulled by the defendant medical care providers that the cause of their injury was not actionable in court because they did nothing wrong and/or concealed relevant facts from the plaintiff, the plaintiff may argue that they have two years from the date of when they knew or should have known their injury was caused by the defendants to file a case.  The potential exception means that the plaintiff may have two years from the time they discovered (or should have discovered) that the defendant’s actions or omissions could likely have caused their injury.

As mentioned above, it’s complicated. 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, the location of defendants’ offices and practices, and whether the county is typically supportive of medical malpractice plaintiffs.

THE EXPERT SEARCH

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 orthopedic surgery, your medical malpractice attorney will likely discuss the case with an expert who is an orthopedic surgeon. Your experienced Philadelphia hospital malpractice lawyer has a vast database of the top experts across the country, hailing from various disciplines and practices. Hiring the right expert for your case is an important element in the anatomy of a winning medical negligence lawsuit.

THE COMPLAINT AND CERTIFICATE OF MERIT

Assuming the expert described above agrees that a medical error took place and caused your injuries, the expert will prepare a Certificate of Merit. Your Philadelphia medical negligence attorney will file a Complaint along with the Certificate of Merit in the court.

Your medical malpractice lawyer in Philadelphia understands how to maximize the value of

your hospital malpractice lawsuit. They will work with you to establish the extent of your damages and to make sure that the Complaint that they file contains all possible causes of actions and claims for damages.

The above strategies are essential to a successful medical malpractice lawsuit in Philadelphia. An experienced medical malpractice attorney will help you file (and win!) your medical malpractice lawsuit. Find one at VSCP Law.

Medical Malpractice Lawyers: A Guide for Parents

A good parent spends considerable time and effort trying to make sure their child grows and develops academically, emotionally, mentally, and physically. A good parent will go to great lengths to protect their child from harm – in the earlier years, making sure they hold your hand when crossing the street to the later years, teaching them about the dangers of getting in the car with a drunk driver. And throughout childhood – from infancy to late adolescence – a good parent takes their child to the doctor for regular wellness visits and for the occasional sick visit. These are all ways a parent can help keep their child from harm. If you are a parent, you likely can think of other actions you take to ensure your child’s safety and wellbeing.

But what happens when a visit to the doctor ends up harming your child? What happens when your child’s doctor – or other healthcare professional – makes a mistake that ends up causing serious harm to your child?  

It is unimaginably difficult when your child suffers an injury at the hands of medical professionals. A parent had placed their trust in the medical professionals to care for and help the child and, instead, the child suffered an injury because of a medical mistake. A good professional to contact in this scenario is a medical malpractice lawyer (also referred to as a “medical negligence lawyer”). This lawyer can answer questions that you have, ease concerns, and guide you every step of the way. With a medical negligence lawyer’s assistance, you can be relieved of certain burdens so you can focus your attention on the care and wellbeing of your child. The following is a list of some of the steps a medical malpractice firm takes to help you with your birth injury case. 

GUIDING YOU IN ATTAINING THE PROPER CARE FOR YOUR CHILD

When your child suffers a serious injury, it’s common for you to be so overwhelmed that you don’t know what to do next. You don’t know how to deal with this massive injury that is afflicting your child. You don’t know whom to talk to, how to navigate various hospital systems, and how to obtain the appropriate medical care for your child. A medical negligence attorney can help by connecting you with the proper healthcare professionals who can provide thorough medical evaluations, early intervention, physical therapy, occupational therapy, and other critical care.

PRESERVING YOUR RIGHTS TO FILE A CLAIM

In Pennsylvania, you can file a medical malpractice claim up to two years after the child turns 18 (i.e., up until their 20th birthday). But you should never wait that long to consult a law firm. If your child suffered a medical negligence injury, you need to contact a medical malpractice patient’s rights advocates as soon as possible to preserve your claims.

While your child’s case doesn’t expire until your child turns 20, your case expires two years after you knew or should have known that your child’s injury was someone’s fault.

Let’s say your four-year old child needed to have their enlarged tonsils removed and you took them to a hospital in Philadelphia for the procedure. The anesthesiologist in charge of your child’s sedation gave your child too much anesthesia and, as a result of the excessive anesthesia, your child suffered a seizure that led to brain damage. You should contact a Philadelphia medical malpractice lawyer immediately so you can understand how to preserve your Philadelphia medical malpractice claim. Legally, your child has until they’re 20 years old to file a medical malpractice case in Philadelphia against the Philadelphia hospital and medical team. But your case – as the parent of the harmed child – expires only two years after you knew or should have known that the anesthesiologist’s medical mistake caused your child’s brain damage.

Medical malpractice attorneys in Pennsylvania know the medical malpractice statute of limitations and contacting them as soon as possible ensures that you don’t lose your right to file your medical negligence lawsuit.

COLLECTING CRUCIAL EVIDENCE

Another way medical malpractice lawyers can help you is by collecting evidence that could be crucial to your medical injury lawsuit. Perhaps your baby was injured during labor at a Philadelphia hospital. A birth injury lawyer in Philadelphia would be the one to turn to. They can help you understand which several documents are necessary to prove your case. The medical terms may seem complicated and the medical records may be hard to understand. That’s why you need an experienced medical malpractice patients’ rights advocate to help you. They will review and digest all the necessary information that is essential to your child’s birth injury or medical negligence lawsuit. They will build a case that proves that the healthcare professionals’ actions or omissions caused your child’s injuries. This evidence will also help establish the extent of your child’s injuries, detailing every related issue, whether it’s physical or emotional.

NAVIGATING COMPLEX SYSTEMS

An experienced medical negligence law firm is obviously equipped to handle the complicated legal system with its various statutes, discovery schedules, motion practice, brief-writing, and depositions. They can also help navigate other complex systems that may arise. Whether it’s a large hospital system that refuses to give you medical records, for example, or the need to find a lifecare planner to help you figure out the costs of caring for your child over their lifetime, medical malpractice lawyers can help navigate these complicated systems.

OBTAINING MONEY DAMAGES

It goes without saying that no amount of money will take away the pain your child and your family feel after a medical mistake caused their injury. But, under our system of laws, an injured child and their aggrieved parent can collect compensation for the child’s injuries. Sometimes those injuries are related to temporary or permanent disabilities or incapacities in a broad range of contexts: emotional, developmental, behavioral, mental, and physical. And the parent can suffer too – in particular, emotional distress and, of course, the exorbitant costs of caring for the child in their post-injury condition. How could anyone possibly quantify all of the suffering of a child and parent? It’s not easy, but at least when you hire an experienced medical malpractice team, you can rest assured that you will get the most compensation possible for your case.

Bearing witness to your child’s suffering is extremely difficult for a parent. Let experienced medical malpractice attorneys ease some of your burden so you can shift your focus to loving and caring for your child. Find your medical malpractice support team at  VSCP Law.

Navigating the Complexities of a Philadelphia 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 Philadelphia medical malpractice case. The medical malpractice lawsuit process can be complicated and you’ll definitely need an experienced Philadelphia malpractice attorney to help you navigate the various essential steps, including the following.

EVIDENCE COLLECTION AND PRESERVATION

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.

Remember: a lot of the evidence you will need for your medical negligence case is in the possession of the defendants. In many cases, the defendants won’t initially give you every piece of evidence you are entitled to. Your medical negligence lawyer will ask for what you need to win the case and if the defendants fail to produce it, your medical negligence attorney will file a motion with the court to compel the defendants to produce it. 

STATUTORY REGULATIONS COMPLIANCE: THE WHEN AND THE WHERE OF FILING THE LAWSUIT

Pennsylvania medical malpractice law can be complex. 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 may have been 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 may lose the right to file a lawsuit.

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 in Philadelphia should spend considerable effort figuring out the best venue for your case. Several factors go into this analysis, including location of medical treatment, the location of defendants’ offices and practices, and whether the county is typically supportive of medical malpractice plaintiffs.

THE EXPERT SEARCH

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. Your experienced Philadelphia medical malpractice lawyer has a vast database of the top experts across the country, hailing from various disciplines and practices. Hiring the right expert for your case is an important element in the anatomy of a winning medical negligence lawsuit.

THE COMPLAINT AND CERTIFICATE OF MERIT

Assuming the expert described above agrees that a medical error took place and caused your injuries, the expert will prepare a Certificate of Merit. Your Philadelphia medical negligence attorney will file a Complaint along with the Certificate of Merit in the court.

The Complaint will list all possible claims for medical injury compensation.

Your lawsuit for medical negligence in Philadelphia will be successful because your medical malpractice lawyer understands how to maximize the value of your lawsuit. They will work with you to establish the extent of your damages and to make sure that the Complaint that they file contains all possible causes of actions and claims for damages.

THE RESOLUTION

Your case will resolve either in a medical malpractice settlement or it may go to trial.

The medical negligence trial might take anywhere from a couple of days to several weeks, depending on how much evidence your lawyer needs to present to the jury. Either way, an experienced medical negligence attorney will help to ensure that you receive the most compensation possible for your medical malpractice claim.

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

If you or your loved one has suffered injuries because of what a healthcare provider (like a doctor, nurse, surgeon, etc.) did, you may be able to sue them for Understanding Medical Malpractice in Philadelphia. In some cases, it’s not what the healthcare provider did that caused your injuries, but what your healthcare provider didn’t do. In both cases – whether it’s the action of the healthcare provider or the inaction of the healthcare provider – you have the right to sue them and be compensated for your injuries if there is merit to your case.

Medical Malpractice in Philadelphia cases are civil cases

Understanding Medical Malpractice in Philadelphia cases are civil cases. They are different from what you may have seen on television when you’ve watched a courtroom drama for a homicide or criminal case, for instance. In criminal cases, a district attorney or a prosecutor will bring a criminal prosecution on behalf of the government against the defendant. If the defendant is found to be guilty of the crime, they can be sent to prison and/or receive other punishment. When a criminal defendant is sent to prison, our criminal justice system has two main objectives: to punish the defendant and to deter others from committing the same crime. That first objective – to punish the defendant – is the way we hold criminal defendants accountable for their actions.

In civil cases, we have a different judicial and trial system, but we have the same objectives: to hold the defendant accountable and to deter other potential future defendants from committing the same error. In civil cases, generally, and in medical error cases, specifically, the person bringing the lawsuit is the person who was injured by the healthcare provider. If the person who was injured by the healthcare provider is deceased or incapacitated, a representative of the injured person can bring the lawsuit. The lawsuit has a higher likelihood of success when the injured person or their representative hires an experienced medical malpractice lawyer in Philadelphia to bring the lawsuit.

Hospital Malpractice Lawyer in Philadelphia

A medical or hospital malpractice lawyer in Philadelphia knows the essential rules of law that apply to your case. For instance, the timing of filing can determine whether your lawsuit can proceed or not. 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 defendant’s medical mistake. In the case of a deceased party, current 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 may lose the right to file a lawsuit.

Philadelphia Medical Negligence Attorney

Your Philadelphia medical negligence attorney will also file a Complaint along with the Certificate of Merit in the court. The Complaint will list the possible claims for medical injury compensation, including both economic damages and non-economic damages. Economic damages are quantifiable – in other words, the exact figure can be established with documentation. They include lost wages, medical expenses, loss of future earnings, disability expenses, physical therapy, etc. Non-economic damages are not quantifiable – they are more of a subjective assessment of the sad consequences of a medical malpractice case. They include loss of quality of life, loss of companionship, pain and suffering, disfigurement, scarring, and emotional distress.

Your medical malpractice lawyer in Philadelphia understands how to maximize the value of your medical negligence lawsuit. They will work with you to establish the extent of your damages and to make sure that the Complaint that they file contains all possible causes of actions and claims for damages. And they will ensure that you receive the most compensation possible for your medical malpractice claim.

If you’ve been injured, you have the right to file a civil cause of action for your injuries. You have the right to hold the defendant accountable for their actions. An experienced medical malpractice attorney in Philadelphia will help you file (and hopefully win!) your medical malpractice lawsuit. Find one 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 case. Now what? How do you file a lawsuit? And how do you win the case?

ATTORNEY

A successful medical malpractice case in Philadelphia starts with an experienced Philadelphia medical negligence lawyer. There are some legal cases that people try to handle pro se – on one’s own behalf. While pro se litigation is generally ill-advised, it’s downright nonsensical in the case of a medical negligence lawsuit. 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 additional elements of a successful medical malpractice lawsuit. 

EVIDENCE COLLECTION AND PRESERVATION

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.

Whether a medical malpractice case is a winning one can depend heavily (and sometimes exclusively) on the evidence. This is another reason you need to hire an attorney to try your medical negligence lawsuit. Your attorney will know which pieces of evidence are essential to your case and how to get them. Remember: a lot of the evidence you will need for your medical negligence case is in the possession of the defendants. In many cases, the defendants won’t initially give you every piece of evidence you are entitled to. Your medical negligence lawyer will ask for what you need to win the case and if the defendants fail to produce it, your medical negligence attorney will file a motion with the court to compel the defendants to produce it. Again, the evidence in a medical malpractice case is too important to overlook and only an experienced medical malpractice lawyer can help you get what you need when you need it.

STATUTORY REGULATIONS COMPLIANCE: THE WHEN AND THE WHERE OF FILING THE LAWSUIT

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 may lose the right to file a lawsuit.

An important exception to the Pennsylvania statute of limitations is in cases of “fraudulent concealment.” This statute provides that if a plaintiff is persuaded or lulled by the defendant medical care providers that the cause of their injury was not actionable in court because they did nothing wrong and/or concealed relevant facts from the plaintiff, the plaintiff may argue that they have two years from the date of when they knew or should have known their injury was caused by the defendants to file a case.  The potential exception means that the plaintiff may have two years from the time they discovered (or should have discovered) that the defendant’s actions or omissions could likely have caused their injury.

As mentioned above, it’s complicated. 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, the location of defendants’ offices and practices, and whether the county is typically supportive of medical malpractice plaintiffs.

THE EXPERT SEARCH

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. Your experienced Philadelphia hospital malpractice lawyer has a vast database of the top experts across the country, hailing from various disciplines and practices. Hiring the right expert for your case is an important element in the anatomy of a winning medical negligence lawsuit.

THE COMPLAINT AND CERTIFICATE OF MERIT

Assuming the expert described above agrees that a medical error took place and caused your injuries, the expert will prepare a Certificate of Merit. Your Philadelphia medical negligence attorney will file a Complaint along with the Certificate of Merit in the court.

The Complaint will list all possible claims for medical injury compensation.

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, loss of future earnings, disability expenses, physical therapy, etc.

Non-economic damages are not quantifiable – they are more of a subjective assessment of the

sad consequences of a medical malpractice case. They include loss of quality of life, loss of companionship, pain and suffering, disfigurement, scarring, and emotional distress.

Your medical malpractice lawyer in Philadelphia understands how to maximize the value of

your hospital malpractice lawsuit. They will work with you to establish the extent of your damages and to make sure that the Complaint that they file contains all possible causes of actions and claims for damages.

THE RESOLUTION

Your case will resolve either in a medical malpractice settlement or it may go to trial.

The medical negligence trial might take anywhere from a couple of days to several weeks, depending on how much evidence your lawyer needs to present to the jury. Either way, an experienced medical negligence attorney will help to ensure that you receive the most compensation possible for your medical malpractice claim.

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