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 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.

 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 medical malpractice lawsuit and you should contact an attorney right away to discuss your options. But there are so many lawyers in Medical Malpractice Lawyer in Philadelphia and in the whole state of Pennsylvania, how do you decide whom to hire?

To start, you wouldn’t hire a math teacher to help your child learn how to play the piano. Just as there are education specialists, so, too, are there law specialists. Thus, for a medical malpractice lawsuit in Philadelphia, you should hire a Philadelphia medical malpractice lawyer. And not just anyone. You need to hire an experienced Philadelphia medical malpractice attorney. Here’s why.

YOU WILL BE ABLE TO FILE THE LAWSUIT AND YOU’LL BE ABLE TO RETAIN CRUCIAL EVIDENCE

In every medical malpractice case, time is of the essence. If your Philadelphia 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! You need to hire an experienced attorney who appreciates the time-sensitive nature of your medical malpractice claim.

Limitations of Medical Malpractice Lawyers in Philadelphia

Pennsylvania law allows you two years from when you knew or should have known that your injury resulted from 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.

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

Retaining Critical Evidence

An experienced hospital 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.

YOUR LIKELIHOOD OF SUCCESS IS INCREASED SUBSTANTIALLY

Despite aggressive advertising to the contrary, many attorneys do not have experience working on Philadelphia or Scranton medical malpractice cases. Many law firms list “medical malpractice” on their websites because they want people to come to them with medical malpractice cases, but they don’t have any significant experience trying these types of complicated cases.

An experienced medical malpractice attorney will have tried at least dozens of cases in an actual courtroom. With each case, the medical malpractice attorney becomes more and more capable because they learn something new every time. And not only do you want an attorney who has tried many medical malpractice cases, but you want an attorney who has tried many medical malpractice cases successfully. So it’s not just experience, per se, that matters – success rate is important as well.

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

 

You’ve been injured in a healthcare setting. Now what? Here are five steps you and your Medical Malpractice Lawyer in Philadelphia can take to help you protect your rights.

CONTACT YOUR MEDICAL MALPRACTICE LAWYER IMMEDIATELY

The first step in any Philadelphia medical malpractice case is to contact an experienced Medical Malpractice Lawyer in Philadelphia as soon as you believe your injuries are the result of a medical error. Because there is a law called the Statute of Limitations that prevents you from filing your lawsuit after a certain amount of time, it’s imperative that you contact a lawyer immediately. You do not want to lose your right to file suit so this is the first step to protect your rights.

YOUR LAWYER WILL PURSUE EVIDENCE (AND YOU NEED TO DO SO, TOO!)

Medical Malpractice Lawyers in Philadelphia know that one of the most important actions they can take to increase the value of a medical malpractice case is to aggressively pursue and preserve evidence. They know what actions must be taken early in the process such as ordering medical records; reviewing labs; 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 might destroy them, even inadvertently. Thus, you need an experienced Philadelphia patient rights advocate to pursue and preserve any and all necessary evidence.

Your Medical Malpractice Lawyer in Philadelphia will aggressively seek as much evidence as possible, but the clients, themselves, need to do some work too. Medical malpractice clients usually have firsthand access to medical records, health insurance documents, pharmaceutical slips, photographs, and videos, and all of these items can be useful in increasing the value of your medical negligence case. 

DOCUMENT THE EXTENT OF DAMAGES

Let’s say you coached your kids’ football teams for years until you were injured by your doctor. You also played football on an intramural team. Now, as a result of the medical error, you can no longer play football or even coach your kids’ teams. How do you prove that you were once a great player and coach? Photographs, trophies, etc. How do you prove that you’re too injured to play and coach? Document your physical struggles, journal your pain, and take photos/videos of yourself on days you cannot get out of bed. Make sure to report your symptoms to your medical provider and follow their instructions on care.  How you were before your injury and how you suffered since your injury all help to increase the value of your medical malpractice case. And you are in the best position to attain and collect this evidence.      

FILE THE COMPLAINT

An experienced medical negligence attorney evaluates your case with knowledge of all possible causes of action and claims for damages and then drafts a Complaint that reflects that knowledge. The Complaint will also comply with all applicable statutes. In other words, an experienced Philadelphia medical negligence attorney knows how to craft your claim in a way that puts you in the best position to win.

BE PATIENT

Even if your attorney files your medical malpractice lawsuit promptly, there will still be a wait time of at least a couple of years before your case goes to trial. Between the time your attorney files the Complaint and the actual trial date, there is a lengthy period called “Discovery.” Discovery is where both sides to the lawsuit request, exchange, and examine information and evidence pertaining to the case. This includes depositions of parties, experts writing reports, and often a series of motions and hearings on evidentiary issues. 

And notwithstanding the considerable length of the discovery period, another delay looms large in Philadelphia: cases are backlogged due to the COVID pandemic. So, there is a long line of postponed trials that get priority over recently filed cases.

This is why it’s essential to connect with a Philadelphia medical negligence attorney as soon as you are injured; it will help your lawyer get the ball rolling so that you can be compensated for your injuries as swiftly as possible.

To find an experienced Philadelphia medical malpractice attorney, contact the lawyers at VSCP Law.

 

When a surgeon makes a mistake, it doesn’t always mean that they are liable to the patient or that the patient has a valid surgical or medical malpractice claim against them. Further, when a surgery has a bad outcome, that also doesn’t mean that they committed surgical or medical malpractice.

In order to prove a surgical malpractice claim, the surgical malpractice lawyer will have to prove the following four essential elements:

DUTY

A professional duty is the first element in a surgical malpractice claim. Was the surgeon responsible for performing surgery on the patient? If the answer is yes, then duty has been established.

BREACH OF DUTY

The next element in the surgical malpractice claim is a breach of duty. Once the attorney has proven that the surgeon had a duty to care for the patient, the attorney must next prove that the surgeon breached that duty. In other words, they have to prove that the surgeon failed to provide the standard of care expected of them. A classic 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 owe to their patient.

CAUSATION

The next element the surgical 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 surgeon’s actions or inactions, then they have proved causation. In other words, in order for the surgical malpractice claim to be successful, the attorney must prove that the surgeon’s mistake – their negligence – led to the patient’s injuries and/or increased the patient’s risk of harm from sustaining their injuries. For instance, if the surgeon was supposed to remove the right foot of the patient and instead removed the left foot, the surgeon’s removal of the left foot caused the patient’s injuries (the loss of their left foot).

DAMAGES

The last element the surgical malpractice attorney must prove is damages. The attorney will need to establish that, as the result of the surgeon’s medical negligence, the patient suffered injuries.  

If the surgical malpractice attorney can prove the above four elements, the client’s surgical 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 surgeon’s mistake, contact the experienced surgical malpractice lawyers at VSCP LAW.

When a doctor makes a mistake, it’s not always medical malpractice. 

A medical mistake occurs when a doctor or other healthcare professional makes a mistake in the delivery of care. Perhaps the doctor prescribes you the wrong medicine or the wrong dosage. Or maybe the nurse doesn’t insert your intravenous line correctly. Those mistakes may result in medical malpractice and they may not. Read on to learn when a medical mistake rises to the level of medical malpractice.

Medical malpractice is when the healthcare professional’s error increases your risk of harm or injuries. In order for a medical error to result in a valid medical malpractice claim, the medical malpractice lawyer has to prove four elements:

DUTY

The healthcare professional had a responsibility to care for the patient (legally, a “duty”).

BREACH OF DUTY

The healthcare professional breached that duty – or, failed to provide the standard of medical care expected of them.

CAUSATION

The patient’s injury would not have occurred if it weren’t for the healthcare professional’s actions or inactions. In other words, the healthcare professionals’ medical mistake led to the patient’s injuries or their mistake increased the patient’s risk of harm of sustaining their injuries.

DAMAGES

As a result of the medical professional’s mistake, the patient suffered injuries (known legally as “damages”).  

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

Medical mistakes happen and they don’t always result in lawsuits. If something bad happens during surgery, that doesn’t necessarily mean the surgeon committed medical malpractice. So what happens if there’s a surgical mistake? How do you know if the surgical error is really medical malpractice? Read on to learn the various steps you should take if a surgeon makes a mistake during surgery.

Contact a Lawyer

Sometimes physicians are negligent. They make medical mistakes in the practice of medicine. That doesn’t always mean you can have a successful medical malpractice case against them. To establish a medical malpractice case, it is typically necessary to prove that the surgeon’s actions or omissions fell below the accepted standard of care and that this breach led to your injuries. You need to contact a hospital malpractice lawyer to review the records and all other evidence to determine whether there was malpractice involved.

Collect and Preserve Medical Records and Other Evidence

It’s important that you maintain a detailed record of all medical reports, diagnoses, treatments, and conversations with healthcare professionals regarding your surgery. Surgical notes, medical records, intake forms, lab slips, and lab results are all examples of crucial pieces of evidence, as are before-and-after photos, journals, and even voicemail messages! This is another reason the first step (“contact a lawyer”) is so essential: your medical malpractice lawyer can, as mentioned above, tell you what evidence is necessary and will review and digest all of the necessary information because it is essential to the evaluation of your claim.

Contact Another Surgeon for a Second Opinion

Who better to evaluate whether your surgery was botched than another surgeon? Seeking a second opinion is a great way to determine if the surgeon’s errors rose to the level of medical malpractice. Let’s say you underwent gastrointestinal surgery in a Philadelphia hospital and you believe the surgeon made a mistake. Your hospital malpractice lawyer in Philadelphia can help you find a good gastrointestinal surgeon to evaluate you, your health history, and your medical records. That surgeon will also help advise you on how to heal and recover.

If you believe a surgical medical mistake has occurred, contact the experienced surgical malpractice attorneys at VSCP Law.

tag on yout theme's header.php Read the detailed step-by-step at https://humbertosilva.com/visual-composer-infinite-image-carousel/ */ // auxiliary code to create triggers for the add and remove class for later use (function($){ $.each(["addClass","removeClass"],function(i,methodname){ var oldmethod = $.fn[methodname]; $.fn[methodname] = function(){ oldmethod.apply( this, arguments ); this.trigger(methodname+"change"); return this; } }); })(jQuery); // main function for the infinite loop function vc_custominfiniteloop_init(vc_cil_element_id){ var vc_element = '#' + vc_cil_element_id; // because we're using this more than once let's create a variable for it window.maxItens = jQuery(vc_element).data('per-view'); // max visible items defined window.addedItens = 0; // auxiliary counter for added itens to the end // go to slides and duplicate them to the end to fill space jQuery(vc_element).find('.vc_carousel-slideline-inner').find('.vc_item').each(function(){ // we only need to duplicate the first visible images if (window.addedItens < window.maxItens) { if (window.addedItens == 0 ) { // the fisrt added slide will need a trigger so we know it ended and make it "restart" without animation jQuery(this).clone().addClass('vc_custominfiniteloop_restart').removeClass('vc_active').appendTo(jQuery(this).parent()); } else { jQuery(this).clone().removeClass('vc_active').appendTo(jQuery(this).parent()); } window.addedItens++; } }); // add the trigger so we know when to "restart" the animation without the user knowing about it jQuery('.vc_custominfiniteloop_restart').bind('addClasschange', null, function(){ // navigate to the carousel element , I know, its ugly ... var vc_carousel = jQuery(this).parent().parent().parent().parent(); // first we temporarily change the animation speed to zero jQuery(vc_carousel).data('vc.carousel').transition_speed = 0; // make the slider go to the first slide without animation and because the fist set of images shown // are the same that are being shown now the slider is now "restarted" without that being visible jQuery(vc_carousel).data('vc.carousel').to(0); // allow the carousel to go to the first image and restore the original speed setTimeout("vc_cil_restore_transition_speed('"+jQuery(vc_carousel).prop('id')+"')",100); }); } // restore original speed setting of vc_carousel function vc_cil_restore_transition_speed(element_id){ // after inspecting the original source code the value of 600 is defined there so we put back the original here jQuery('#' + element_id).data('vc.carousel').transition_speed = 500; } // init jQuery(document).ready(function(){ // find all vc_carousel with the defined class and turn them into infine loop jQuery('.vc_custominfiniteloop').find('div[data-ride="vc_carousel"]').each(function(){ // allow time for the slider to be built on the page // because the slider is "long" we can wait a bit before adding images and events needed var vc_cil_element = jQuery(this).prop("id"); setTimeout("vc_custominfiniteloop_init('"+vc_cil_element+"')",500); }); }); });