By Wexler Coding
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.
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.
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