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Patients can receive medical treatment at several places in Bala Cynwyd and throughout the region, and residents here generally place a great deal of faith in the skills of their medical providers.
Pennsylvania is not immune to the staffing shortages and other issues plaguing the nation since the pandemic. Providers face the challenge of staffing local medical facilities, and with less experienced and fewer personnel to handle the number of patients seeking treatment, there is an increased risk of adverse events due to unsafe care.
If you suffered injuries or lost a loved one due to medical negligence involving a doctor, dentist, healthcare facility, or other medical provider, you can seek compensation for your injury or loss through Pennsylvania’s medical malpractice claims process.
This complex procedure requires tremendous medical and legal know-how, the ability to gather and understand documents, and the knowledge of legal matters needed to go up against medical malpractice insurers who don’t want to pay the full value of claims. An experienced Bala Cynwyd medical malpractice lawyer can play a crucial role in the success of your claim.
It costs absolutely nothing to see if you have a case
According to Justpoint, U.S. citizens file an average of 85,000 medical malpractice cases each year. At the time of this report, medical errors cost the United States around $19.5 billion, the majority of which was due to the provision of additional medical treatment to mitigate the harm resulting from errors. Pennsylvania has one of the highest medical malpractice payouts in the nation.
When healthcare professionals and providers fail in their duty, the consequences can be devastating for the patient. It’s not just about physical harm but also the emotional and psychological impacts, financial hardship, and potential lifelong issues.
If you suffer injuries due to medical malpractice in Bala Cynwyd, you can seek compensation for damages. In this type of case, the costs you may incur include treatment expenses associated with your injuries, lost income due to missing work, and the loss of future earning capacity if the negligence caused disabilities that permanently impair your ability to work.
Family members of a patient killed due to a medical error can seek compensation for expenses, including treatment of the deceased’s injuries, the costs of a funeral and burial or cremation, and the loss of financial support the deceased provided them.
Medical malpractice claimants can also seek compensation for the profound psychological impacts of the incident, which may include physical pain and suffering, emotional distress, and loss of enjoyment of life. Third parties can file wrongful death claims to seek compensation for the loss of love, comfort, society, companionship, and moral support the deceased provided.
In some cases, the defendant exhibits such willful and wanton conduct or reckless disregard for their patient that the claimant can also seek punitive damages. The purpose of punitive damages is not to compensate the claimant for their injury but to financially punish the healthcare provider whose actions led to injury or death.
Some of the factors that an attorney considers when valuing a medical malpractice claim include the amount of insurance available to compensate the claim, the severity of the injuries the patient incurred, the level of negligence that led to the injury, and the presence of permanent injuries that could result in future costs and income loss.
Pennsylvania’s Medical Care Availability and Reduction of Error (MCARE) Act requires healthcare providers to have professional liability—medical malpractice—insurance. The MCARE Fund compensates patients who make claims against providers who do not comply with the insurance requirement.
Understanding what constitutes medical malpractice is crucial to determine whether you have a valid case. Medical malpractice occurs when a healthcare provider strays from the accepted standard of care, causing injury to a patient in the treatment process.
This may be due to:
Not all medical errors result in injury: If no injury occurs, there is no basis for a malpractice claim. Bad outcomes are also not always the result of a medical error. Your medical malpractice lawyer can thoroughly investigate the details of your case to determine if you are eligible to file a claim.
Our network attorneys’ services extend across the full spectrum of medical malpractice cases. The lawyers in TopDog Law’s legal network also handle cases involving complex issues with healthcare providers and insurance companies. The attorneys we work with treat every case with diligence and meticulous attention to detail and aim to achieve the best outcome for their clients.
Medical malpractice falls under personal injury law. A medical malpractice lawsuit seeks damages for an injury or wrongful death resulting from a healthcare provider’s neglect or medical error. It’s a complex and highly specialized area necessitating deep understanding and expertise.
The medical provider’s insurance policy protects them against claims. Medical facilities carry malpractice insurance policies to cover claims from patients who suffer injuries due to a facility policy staff negligence, including nurses, nurse assistants, and administrative and janitorial personnel.
Most physicians work as independent contractors of the facility. They have privileges to treat patients and purchase a policy to cover their negligence and that of staff under their supervision.
A claims adjuster reviews medical malpractice claims against the policy of the at-fault provider to determine whether the policy covers the type of incident that occurred, if the insured was liable for your injury, and how much compensation the insurer must provide. If the insurance company fails to compensate the claim fairly, you can file a legal complaint (lawsuit).
To file a medical malpractice lawsuit in civil court, you or your attorney must include a certificate of merit from a qualified medical provider that states that assessed the details of the claim and determined that there is a reasonable probability that the at-fault provider’s negligence caused your injury.
In accordance with Pennsylvania laws, you usually have to file medical malpractice lawsuits within two years of the date you discovered that your injury was the result of medical negligence. Pennsylvania does not cap the compensation a patient or their family members can seek through a medical malpractice claim.
Insurance companies avoid paying out on claims whenever possible, as these costs can impact their bottom line. A claims adjuster’s job is to evaluate the claim through the lens of the company’s interests. They often dispute liability, question a claim’s value, or do both.
If you do not have an experienced attorney to represent you, you may be at a distinct advantage in negotiating a fair settlement with the insurance company. You might face pressure to accept a ridiculously low settlement offer, inadvertently take the blame for your injury, or feel ignored.
An experienced medical malpractice lawyer from TopDog Law’s network can:
The attorneys in TopDog Law Personal Injury Lawyers’s network handle cases on a contingency fee basis. This means you do not have to pay upfront for your lawyer’s services or comply with an hourly billing cycle for work to continue on your case. Instead, your lawyer will receive a percentage of your overall compensation award.
If you suspect you’re a victim of medical malpractice, the first step is to gather and document all relevant evidence. This may include medical records, receipts, and correspondence with healthcare providers. You should also engage a knowledgeable medical malpractice lawyer to guide you through the legal process as soon as possible.
Many medical malpractice claimants find it helpful to track the impacts of their injury and provide this information to their lawyer by keeping a journal. The details you may record include the frequency of medical appointments related to the injury, the amount of time you miss from work due to your injury, and other day-to-day impacts.
It is also important to comply with your doctor’s treatment plan to give yourself the best opportunity for physical recovery and to prevent the insurance company from reducing the settlement due to your unwillingness to take action to protect your health.
111 Presidential Blvd.,
Suite 251,
Bala Cynwyd, PA 19004
Ph: 484-330-8728
You can contact us by phone, email, or through our website. Our dedicated network of Bala Cynwyd personal injury lawyers is ready to listen. Time is of the essence in medical malpractice lawsuits, so don’t hesitate. Reach out to TopDog Law Personal Injury Lawyers today at (484) 330-8728, and let us help you find local legal representation to fight for the justice you deserve.
TopDog Law is a national marketing network that collaborates with James Helm, Helm Law Group, LLC, and other experienced local attorneys across the country, licensed in the states where they practice, combining our extensive resources and knowledge with their deep understanding of state-specific laws and regulations.
Helm Law Group, LLC maintains at least joint responsibility for each client file, and most cases are referred to TopDog Law’s network of attorneys across the country for principal responsibility. This strategic partnership allows us to provide you with the best of both worlds: the power and reach of a nationwide network of law firms, coupled with the personalized attention and local know-how of attorneys in your community.
With TopDog Law’s network of local attorneys on your side, you can rest assured that you have a tenacious, experienced team fighting tirelessly to secure the maximum compensation you deserve, regardless of your location.
TopDog Law is a national marketing network for law firms, including Helm Law Group, LLC, which license the TopDog Law name and separately operate in states where they are each licensed.  James Helm is licensed to practice in Arizona and Pennsylvania. Helm Law Group, LLC operates in Arizona.
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Lawfty Law LLP
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