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.
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.
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.
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.