Bala Cynwyd Medical Malpractice Lawyer

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.

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Why Choose TopDog Law to Assist You With Your Medical Malpractice Claim?

At TopDog Law, we understand the devastating effects that medical malpractice can have on victims and their families. Our role is to provide legal representation and offer empathy, understanding, and support during challenging times.

Bala Cynwyd Medical Malpractice Lawyer, James Helm

TopDog Law Personal Injury Lawyers is home to a team of dedicated, hardworking, and skilled lawyers with a proven track record in handling medical malpractice cases nationwide, including those involving patients and providers in Bala Cynwyd.

We secure justice for victims of medical malpractice by holding responsible parties accountable for their actions. Integrity, compassion, and tenacity are the core values of our firm, and we are unwavering in our commitment to safeguarding the rights of our clients.

If you suffered injuries or lost someone you love due to a healthcare provider’s negligence, reaching out to a skilled attorney in Bala Cynwyd is easy. Simply message us through our online contact form or call us.

How Much Is a Medical Malpractice Case Worth in Bala Cynwyd?

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.

Bala Cynwyd medical malpractice lawyer

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.

The Types of Negligence That Can Result in a Medical Malpractice Claim

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:

  • Diagnosis errors, such as failing to make a diagnosis, misdiagnosing, or delaying a diagnosis, thereby diminishing a patient’s ability to fully recover from a medical condition.
  • Prescription errors, such as giving a patient the wrong dose or medication to treat their ailment. Anesthesia errors may also result in medical negligence, as giving someone too much or too little anesthesia can have disastrous consequences.
  • Birth injuries, such as failure to diagnose a medical condition impacting the mother or child, failure to provide a timely cesarean section when needed, improper use of birthing instruments, or failure to adequately monitor the infant after birth.
  • Surgical errors, such as wrong-site or wrong-patient surgery or leaving a surgical instrument or towel inside the body cavity.
  • Failure to obtain a complete medical history or informed consent before performing a procedure.

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.

TopDog Personal Injury Lawyers

Our services extend across the full spectrum of medical malpractice cases. TopDog Law also handles cases involving complex issues with healthcare providers and insurance companies. We treat every case with diligence and meticulous attention to detail and aim to achieve the best outcome for our clients.

Pennsylvania’s Medical Malpractice Claims Process

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 Make the Claims Process More Difficult Than Necessary

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 can:

  • Provide a free case evaluation to learn more about the claims process and your legal options.
  • Conduct an extensive investigation into the incident to identify the source of liability, relevant insurance resources, and evidence to prove your claim.
  • Negotiate with the at-fault provider’s insurer to craft a settlement agreement that holds the provider accountable for their negligence and fully compensates you for your injury.
  • Obtain a certificate of merit, filing the claim as a lawsuit in court, and advocating for you in all pre-trial processes, including filing and responding to motions and selecting a jury.
  • Present the case in court, if necessary.
  • Help you receive compensation at the conclusion of the case.

The legal team at TopDog Law Personal Injury Lawyers works 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.

How You Can Protect the Value of Your Claim

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.

If You Suffered an Injury Due to Medical Negligence, Contact TopDog

James Helm, Lawyer for medical malpractice in Bala Cynwyd
James Helm, Medical Malpractice Lawyer in Bala Cynwyd

You can contact us by phone, email, or through our website. Our dedicated team 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 allow us to fight for the justice you deserve.

TopDog Personal Injury Lawyers – Bala Cynwyd Office

111 Presidential Blvd.,
Suite 251,
Bala Cynwyd, PA 19004

Ph: 484-330-8728

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