By VSCP LAW
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?
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.
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.
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.
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.
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