When you entrust your health to a medical professional, you expect care, precision, and skill. Unfortunately, mistakes and negligence still occur, leading to devastating consequences for individuals and their families. If you or a loved one has been harmed due to medical malpractice in the Philadelphia area, it's essential to have someone to advocate for your rights, hold negligent parties accountable, and help secure the financial compensation you need to rebuild your life.
At the Rothenberg Law Firm LLP, our Philadelphia medical malpractice attorney can guide you through this challenging time. With decades of experience and a track record of successful results, we are dedicated to protecting the rights of those who have been injured by medical negligence. Contact us today for a free consultation, and let us help you move forward toward justice and recovery.
Why Choose Rothenberg Law Firm for Your Philadelphia Medical Malpractice Case?
Choosing the right attorney to handle your medical malpractice case can make all the difference. The Rothenberg Law Firm has been a trusted name in personal injury law for more than 50 years, dedicating itself to fighting for injury victims and their families with compassion and tenacity. Our firm stands apart for several reasons:
- Proven Success: Over five decades, we have recovered billions of dollars for our clients. These verdicts and settlements have provided life-changing financial support to countless individuals, helping them cope with medical bills, lost wages, and long-term care needs.
- Client-Centered Approach: At The Rothenberg Law Firm Accident and Injury Lawyers, we treat every case as if it involves a member of our own family. We go beyond the legal work to ensure our clients receive the support they need, from connecting them with medical specialists to offering guidance through the emotional trials of medical malpractice cases.
- Committed Advocacy: Unlike some firms that settle quickly, we prepare every case for trial. If the negligent party or their insurance company refuses to offer full and fair compensation, we are ready to fight tirelessly in court to secure justice for you.
- Experience That Counts: Medical malpractice cases are complex and often require extensive investigation, expert witnesses, and attention to legal details. Our team has handled these challenging cases for decades and has the insight and resources necessary to build a strong claim on your behalf.
When medical negligence turns your life upside down, you need more than just a lawyer; you need someone who will stand by your side and fiercely advocate for your rights. The Rothenberg Law Firm is honored to take on that role for you.
What Is a Medical Malpractice?
Medical malpractice occurs when a healthcare provider's negligent act-or failure to act-deviates from the accepted standard of care, resulting in harm to the patient. The standard of care refers to the level of competence expected of a medical professional in their field. When a doctor, nurse, or other medical professional fails to meet this standard, the consequences can be life-altering-or even fatal.
Medical malpractice is not just about mistakes; it's about preventable errors that arise from carelessness, lack of oversight, or insufficient action. Patients and their families bear the physical, emotional, and financial burden of these errors. That's why it's critical to work with a skilled Philadelphia medical malpractice attorney who can help you uncover the truth and hold those responsible accountable.
Common Types of Medical Malpractice
The most common types of medical malpractice can be caused by doctors, surgeons, anesthesiologists, radiologists, physician assistants, nurses, pharmacists, and other healthcare professionals. Hospitals, nursing homes, or long-term care facilities can also be liable for medical malpractice.
Common types of medical malpractice include:
- Anesthesia error
- Hospital infection
- Intubation error
- Catheter ("line") error
- Surgical or procedural error
- Medication error
- ER mistakes and delays
- Incorrect diagnosis
- Laboratory errors
- Childbirth errors
Negligence is the most commonly encountered tort for all health professionals. It is a significant factor in most personal injury actions.
ER Mistakes and Delays
In the emergency room, malpractice can occur when acute illnesses are misdiagnosed or take too long to be diagnosed. This can happen with, for example:
- Appendicitis
- Heart Attack
- Stroke
- Blood Clot
In addition, negligence in the ER can include--failure to prescribe the right medication or correctly interpret scans and test results and discharging a patient without a precise diagnosis and treatment plan.
Birth Injuries
Despite advances in prenatal care and fetal monitoring, malpractice remains a significant issue. A child's birth injuries can result from:
- Failure to monitor fetal distress
- Oxygen deprivation
- Improper use of forceps/extractor
- Failure to perform C-Section
The injuries to the child can include:
- Cerebral Palsy
- Fractured Collarbone
- Shoulder Dystocia injury
- Erb's Palsy (Brachial Plexus Birth Palsy)
- Hyperbilirubinemia (Infant Jaundice)
Childbirth malpractice also can cause injuries to the mother, such as uterine rupture, pelvic floor muscle injury, and perineal tears. Failure to diagnose a form of maternal high blood pressure known as preeclampsia endangers the life of the mother and the baby. It is the leading cause of maternal death in the U.S.
Missed or Late Diagnosis Claims
When a doctor fails to diagnose or is late to diagnose, a patient may lose the opportunity to fight their disease. A medical malpractice lawyer can bring a claim for missed or delayed diagnosis resulting in disability, unnecessary pain and suffering, or death. Among the illnesses often missed or diagnosed late are:
- Cancer
- Lupus
- Celiac Disease
- Lyme Disease
- Meningitis
- Parkinson's Disease
- Polycystic Ovary Disease
Thousands of patients die each year as a result of medical errors. Protect your rights by consulting with us if you or someone you love has been harmed.
Who May Be Held Liable in a Philadelphia Medical Malpractice Claim?
Medical malpractice cases often involve multiple parties, which can make determining liability a challenging process. Liability depends on who was responsible for the error that led to your injury. At The Rothenberg Law Firm Accident and Injury Lawyers, we ensure a thorough investigation to identify all responsible parties, who may include:
- Doctors: Physicians are often the primary healthcare providers held accountable for negligence, including errors in diagnosis, treatment, or procedures.
- Nurses and Other Medical Staff: Nurses, anesthesiologists, technicians, and other professionals who fail to meet the standard of care may also bear responsibility in a malpractice case.
- Hospitals and Clinics: Medical institutions are responsible for ensuring their staff is qualified and adequately trained. They may be held liable for errors made by employees or for systemic issues, such as understaffing or inadequate procedures.
- Pharmaceutical Companies: If a defective drug or misleading marketing led to harm, pharmaceutical companies might share liability.
- Specialists and Consultants: Experts, such as radiologists or lab technicians, who provide incorrect results or act negligently in their duties could also be held accountable.
Determining liability in a medical malpractice case is a complex legal process. It requires gathering medical records, consulting with expert witnesses, and navigating healthcare regulations. That's why you need experienced legal counsel by your side to ensure every possible avenue is explored.
Do I Have a Medical Malpractice Case?
If you or a loved one has suffered because of a medical professional's negligence, you might wonder whether you have a medical malpractice case. These claims can be complex and require certain legal elements to be present. For a successful case, the following must be demonstrated:
- Duty of Care: The healthcare provider had a legal obligation to provide care in accordance with accepted medical standards.
- Breach of Duty: The provider failed to meet those standards, acting in a way that a reasonable professional would not have in similar circumstances.
- Causation: The breach directly caused harm to the patient. It must be shown that the injury would not have occurred if the provider had acted properly.
- Damages: The patient suffered measurable losses, such as physical pain, emotional distress, medical expenses, or lost wages.
Determining whether these elements apply to your situation requires a careful legal evaluation. Consulting with an experienced Philadelphia medical malpractice attorney is the best way to assess your case and understand the options available to you. At The Rothenberg Law Firm Accident and Injury Lawyers, we'll thoroughly review your experience and guide you toward the justice you deserve.
Compensation Available to Medical Malpractice Victims in Philadelphia
Victims of medical malpractice may be entitled to various forms of compensation to help alleviate the financial and emotional toll of their injuries. These may include:
- Medical expenses, including ongoing and future care
- Lost wages and loss of earning potential
- Pain and suffering
- Emotional distress
- Compensation for disability or disfigurement
- Loss of consortium for family members
Every case is unique, and the types and amounts of compensation will depend on the circumstances. An experienced attorney can help you pursue the maximum recovery possible.
Medical Malpractice FAQs
Here are answers to some commonly asked questions about medical malpractice claims:
How long do I have to file a medical malpractice claim?The time limit to file a medical malpractice claim, known as the statute of limitations, varies by state. In Pennsylvania, it is generally two years from the date of the injury or the discovery of the injury. However, there are exceptions to this rule. Consult an attorney promptly to ensure your claim is filed on time.
Do I need expert testimony for a medical malpractice case?Yes, expert testimony is typically required to establish the standard of care that a competent provider should have followed. Medical experts also help demonstrate how the provider's negligence caused harm. Without expert input, it can be challenging to build a strong case.
Can I file a claim on behalf of a loved one who has passed away?If a loved one tragically passed away due to medical malpractice, you might be eligible to pursue a wrongful death claim. These claims can provide compensation for funeral expenses, loss of companionship, and other damages. Speaking with an attorney can help you determine the appropriate legal steps.
If I'm Not Happy with How My Surgery Turned Out, Do I Have a Malpractice Claim?The short answer to this question is maybe. Surgery always comes with certain risks, and they can have unexpected or unpleasant consequences even when the medical professionals involved in the surgery didn't do anything wrong. If you suspect that malpractice occurred, it's essential that you contact an attorney as soon as possible. Only an experienced attorney can advise you about your situation and the likelihood of a successful medical malpractice lawsuit, and remember, our law firm will let you know for free whether or not you have a case.
Why should I hire a Philadelphia medical malpractice attorney?Medical malpractice cases are complex, requiring knowledge of both the law and medical practices. An attorney will investigate your case, compile evidence, consult experts, and fight for the compensation you deserve. Having skilled representation maximizes your chances of a successful outcome.
Contact Our Trusted Philadelphia Medical Malpractice Attorneys Today
When medical negligence turns your life upside down, you don't have to face it alone. The experienced team at Rothenberg Law Firm can help you take back control and secure the justice you deserve. With over 50 years of experience and billions recovered for our clients, we are committed to treating your case with compassion, diligence, and tenacity.
Here's how we assist our clients every step of the way:
- Conducting a thorough investigation to uncover the facts
- Consulting with medical experts to build a strong case
- Negotiating aggressively with insurance companies on your behalf
- Preparing every case for trial to secure full and fair compensation
Time is critical in medical malpractice cases, so don't wait to act. Contact the Rothenberg Law Firm today at (800) 624-8888 or through our online form for a free consultation with a trusted Philadelphia personal injury lawyer. There is no fee unless we win your case.
The Rothenberg Law Firm Accident and Injury Lawyers - Philadelphia Office
1420 Walnut StPhiladelphia, PA 19102
Ph: (215) 330-6551