How Do I File A Medical Malpractice Lawsuit in Philadelphia?

To file a medical malpractice lawsuit in Philadelphia, you'll need to meet specific requirements and filing deadlines to potentially recover compensation for injuries or the death of a loved one.

A Philadelphia medical malpractice lawyer can help increase the odds of a successful claim that could help make sure you are compensated for damages such as medical expenses, lost wages, and pain and suffering.

At The Rothenberg Law Firm, we have seen firsthand how having a lawyer makes the difference for claimants. Not having the right lawyers on your team can ultimately lead to diminished or denied settlements.

We aim to help you understand what our lawyers can do to help you with your claim, and how you can maximize your potential compensation.

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What Qualifies As Medical Malpractice in Philadelphia?

Pennsylvania law requires that those seeking compensation for injuries or fatalities related to medical malpractice meet four core elements:

• Provider-Patient Relationship: You and the healthcare professional or entity responsible for your injuries must have a formal relationship. This means they agreed to treat you, and you relied on their expertise.
• Deviation From the Standard of Care: The provider must have acted negligently by not following generally accepted medical practices. This is the core of most malpractice lawsuits.
• Causation: You must show that the provider's negligence directly caused your injury or worsened your condition.
• Damages: There must be measurable harm due to negligence, such as additional medical costs, lost income, or physical and emotional pain.

Whether a dramatic mistake or a series of subtle errors, these core elements of a med mal case can exist in a variety of medical settings. Examples of common forms of medical malpractice in Philadelphia include:

• Misdiagnosis or delayed diagnosis. Were you harmed because a doctor misdiagnosed your condition or failed to diagnose a serious illness in time? Was there a delay in your treatment that caused further harm? Should you have received a different diagnosis that would have led to better treatment?
• Surgical errors. Were you harmed during surgery due to an error made by the surgeon or surgical team? This could include operating on the wrong body part, leaving foreign objects inside the body, or causing damage to surrounding organs or tissue.
• Medication errors. Did a healthcare professional prescribe the wrong medication or dosage for your condition? Did they fail to take into account any potential drug interactions? Medication errors can cause serious harm and potentially justify seeking compensation through a med mal lawsuit.
• Birth injuries. Did the negligence of a healthcare professional during childbirth cause harm to you or your baby? Is there evidence that proper protocols were not followed, resulting in a birth injury? If so, you may have grounds for a malpractice lawsuit.
• Anesthesia errors. Were you given too much or too little anesthesia during a medical procedure, causing harm or complications? Have you suffered any long-term effects from an anesthesia error? If so, you may be able to seek compensation through a lawsuit.
• Failure to obtain informed consent. Did a healthcare professional fail to fully disclose all potential risks and side effects of a procedure or treatment before you gave your consent? Did you suffer harm as a result of not being fully informed? If so, you may be able to file a claim or lawsuit.

Over 250,000 people in the USA experience these and other types of medical negligence every year. Sadly, many go uncompensated for the harm or losses they have suffered.

If you believe that you have lost someone or are suffering unnecessary pain as a result of medical negligence, it is highly advisable to contact an experienced Philadelphia med mal attorney at once.

How Do I File A Medical Malpractice Lawsuit?

Hire an attorney.

Retaining legal representation in your fight to hold medical professionals accountable can provide numerous benefits for you and your case.

With so many technicalities and pitfalls in the medical claims process, having a professional who understands how to demonstrate the extent of your loss can significantly improve your chances of a favorable outcome.

Without a lawyer, you may run into obstacles such as:

• Not having access to the right medical experts or resources to build a strong case.
• Missing crucial deadlines for filing your claim.
• Being pressured into accepting a low settlement offer from the insurance company.

An experienced lawyer can help address these and other challenges, working to present your case with strong evidence and arguments to pursue maximum compensation.

File a formal complaint.

With the help of your lawyer, you can file a formal complaint against the healthcare provider or facility with the appropriate medical licensing board in Pennsylvania.

Key elements of a formal complaint include:

• Detailed information about the incident, including dates, locations, and names of all involved parties. Your lawyer will make sure this is as detailed as possible, targeting all potential nurses, doctors, facilities, or pharmaceutical companies responsible for your injury.
• A description of the harm or loss you suffered due to the medical negligence. This comprehensive summary should include all financial, emotional, and physical damages you have incurred. Your lawyer will help you determine the full extent of your losses to ensure a fair settlement.
• Any evidence or documentation supporting your claim, such as medical records, test results, and witness statements. Make sure that you supply any relevant info to your lawyer.
• A request for compensation for your damages and losses. Your lawyer will help you determine a fair amount to seek based on the extent of your injuries and their impact on your life.

The level of detail, complex legal jargon, and confusing medical terminology involved in filing a medical malpractice lawsuit is often overwhelming. Fortunately, hiring an experienced Philadelphia med mal attorney can help simplify the process and ensure your rights are protected every step of the way.

Submit a Certificate of Merit

Pennsylvania requires all claims to be accompanied by a Certificate of Merit. This sworn statement comes from a medical expert affirming there is evidence of negligence on the part of the healthcare provider.

This document must be filed within 60 days of submitting a formal complaint. A Certificate of Merit supports the details of a formal complaint by detailing:

• The standard of care that should have been provided in your case.
• How the healthcare provider deviated from this standard.
• How this deviation caused harm or loss to you.

For this certificate to hold as much weight as possible in your case, the medical expert providing it must be qualified and experienced in the same field of medicine as the healthcare provider being accused of negligence.

If you haven't sought follow-up care or are questioning how to prove negligence, an experienced lawyer can connect you with a medical expert who will review your case and provide a comprehensive Certificate of Merit.

Engage in pre-trial discovery and settlement negotiations

Depending on the specifics of your case, pre-trial proceedings may include discovery, where both sides gather evidence and information to support their arguments. This can include depositions, interrogatories, and subpoenas for documents or witnesses.

Your lawyer will also negotiate with the healthcare provider's insurance company to seek a settlement that fairly compensates you for your losses. If successful, this can save you time and stress by avoiding a lengthy trial.

Your case may proceed to trial if a fair settlement cannot be reached. In either scenario, having an experienced attorney can help protect your rights and ensure that you have a strong claim.

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How Much Compensation Can I Recover In A Medical Malpractice Case?

Many factors can affect the value of a settlement or verdict, especially:

• The extent and severity of your injuries.
• The impact of these injuries on your daily life, including physical, emotional, and financial aspects.
• The cost of medical treatment now and in the future.
• Any lost wages or earning potential as a result of your injuries.
• Other damages include pain and suffering, loss of companionship, or punitive damages.

Because every case is unique, there is no set standard when it comes to the amount of compensation you could receive. In any case, Pennsylvania has no cap on economic and non-economic damages awarded in med mal cases.

This means that you could potentially receive the full extent of compensation for damages and losses including but not limited to:

• Medical expenses such as hospital bills, medication costs, corrective procedures or treatments, and rehabilitation services.
• Lost income and diminished earning potential.
• Pain and suffering, such as physical and emotional distress, loss of enjoyment of life, or permanent disability.
• Out-of-pocket expenses directly related to the injury, such as transportation costs for medical appointments or home modifications to accommodate a disability.
• Compensation for any permanent scarring, disfigurement, or loss of function resulting from medical negligence.

Eligible claimants may also be awarded punitive damages to punish the healthcare provider for their negligence and discourage similar behavior in the future. But, these damages are capped in Pennsylvania at 200 percent of compensatory damages.

Ultimately, the total compensation you may receive will depend on the strength of your case and the evidence presented. Hiring an experienced medical malpractice law firm can greatly increase your chances of receiving fair and just compensation for your injuries.

Philadelphia Medical Malpractice Claim FAQs