Philadelphia Medical Malpractice Lawyer

Patients trust doctors to provide care across dozens of hospitals, private practices, clinics, and other facilities. While some of Philadelphia’s facilities and providers garner national or global recognition, a healthcare provider may make a mistake and cause injury or death to you or a loved one.

If a medical mistake harms you, you can seek compensation for the financial and psychological costs through the medical malpractice claims process. Family members of a patient who died from negligent care can also obtain compensation through this process.

Medical malpractice has significant consequences for individuals and the healthcare system. Professional negligence can severely affect people’s lives, causing unthinkable harm and distress to victims and their families.

If you are a victim of medical malpractice, the Philadelphia medical malpractice lawyers in TopDog Law Personal Injury Lawyers’ legal network can fight for you.

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Philadelphia Medical Malpractice Lawyer

How Much Is a Medical Malpractice Claim Worth?

Your compensation amount will depend on your unique circumstances. The value of your medical malpractice claim will involve several factors, including the severity of your injuries, the healthcare provider’s insurance, and the financial costs of treating your injuries. If your loved one died, your claim will also include their final expenses. With the uniqueness of each claim, it is impossible to determine a standard value.

In medical malpractice claims involving personal injury and the death of a patient, claimants can seek compensation for the expenses they incur as a result of the error. These are economic damages.

In personal injury cases, economic damages include medical treatment costs, loss of earnings, and permanent loss of earning capacity if the medical error resulted in an inability to earn future income. In wrongful death cases, economic damages include funeral and burial expenses, final medical treatment costs, and the loss of household support.

Claimants can also seek compensation for the psychological consequences of their injury and loss, referred to as non-economic damages. For claims involving injuries, non-economic damages include pain and suffering, mental distress, and loss of enjoyment of life. In wrongful death claims, you can seek compensation for grief, distress, and the loss of guidance, love, society, and moral support.

Pennsylvania’s Medical Care Availability and Reduction of Error Act requires all practicing doctors to carry medical malpractice insurance. The most common liability limit for medical malpractice policies is $1 million per claim or a yearly aggregate of $3 million for multiple claims.

Some practices require increased amounts, and several providers carry higher limits.

Our network of experienced lawyers can investigate the insurance resources available, as the limits to the at-fault provider’s policy have a tremendous bearing on the claim’s value.

The Types of Medical Malpractice That Occur in Philadelphia

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Medical malpractice occurs when a healthcare provider neglects their duty of care to a patient, leading to harm. The most common negligent acts include providing an incorrect diagnosis, performing a surgical error, dispensing incorrect medication or dosages, or failing to act appropriately, such as by not treating patients promptly.

Each type of medical malpractice has its own unique set of complexities and challenges.

Some common types of medical errors include:

  • Diagnosis errors: Diagnoses that are wrong, missed, or delayed.
  • Surgical errors: Operations on the wrong body part, incorrect procedures, or surgical instruments left in the patient’s body cavity.
  • Prescription errors: Inaccurate dosage prescriptions or incorrect medication prescriptions.
  • Anesthesia errors: Inaccurate anesthetic administration during a procedure.
  • Poor patient supervision: Failure to supervise a patient after a procedure or when exhibiting symptoms.
  • Inadequate patient documentation: Failure to gather adequate patient history or inform the patient of the treatment’s associated risks.
  • Birth injuries: Errors that occur during pregnancy or delivery.

Medical malpractice in Philadelphia is more prevalent than one might expect. Pennsylvania ranks among the top five states in the United States for medical malpractice payouts. MEDPLI reports that medical malpractice insurers pay more than $186,000,000 on over 430 claims a year. This high incidence of medical malpractice reflects a troubling reality in the Philadelphia medical landscape, highlighting a dire need for quality legal representation and advocacy for victims.

The Medical Malpractice Claims Process

Medical malpractice is an unfortunate problem plaguing the medical field around the world. Filing a medical malpractice claim can be a complex process, especially given the technicalities of medical-related evidence. It involves several stages, such as gathering and documenting evidence, filing the claim, potentially attending a trial, and reaching a settlement or verdict.

Time is of the essence in these cases, as each state has a statute of limitations, which restricts the time frame allowing you to file a claim. In Philadelphia, this limit is generally two years from the date that the alleged malpractice caused you harm. If you were not immediately aware of the cause of your injury, there may be some flexibility in the statute of limitations. You cannot file most malpractice cases after seven years, even if there was a delay in your knowledge of the injury and its cause.

You must include a certificate of merit to file a medical malpractice lawsuit in Pennsylvania. To receive a certificate of merit, a licensed professional in a relevant practice area must review your case and state that there is a reasonable probability that negligent care occurred and caused your injury.

Pennsylvania is one of the few states that does not cap the maximum compensation you can seek in a medical malpractice claim. At TopDog Law, we can connect you with a medical malpractice attorney near you who is well-versed in navigating legal nuances and guiding clients through each step with dedication and diligence. A lawyer from our network can assess your situation and discuss your options during your initial consultation, ensuring you receive the maximum compensation.

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Fighting the Insurance Company for the Compensation You Need

Pennsylvania healthcare providers require medical malpractice insurance. The purpose of this coverage is to compensate patients and their families after a medical error takes place. Medical malpractice insurers are in the business of selling policies, not paying out claims. They may use tactics to dispute liability and eliminate or reduce the payout amount.

These cases often require intricate knowledge of medical procedures and standards and the ability to interpret medical records. Proving medical negligence can often be laborious, involving extensive fact-finding and meticulous evidence-gathering. The experienced attorneys in TopDog Law’s legal network can strategize and handle all aspects of your claim, giving you peace of mind during this difficult time.

Your attorney will communicate with the insurer to protect your claim’s value and advocate on your behalf. If the insurer fails to make a fair settlement offer, your lawyer can begin the process of obtaining a certificate of merit and filing the legal complaint (lawsuit) in court. Filing a lawsuit does not mean the insurer will no longer offer a settlement. Insurers often settle claims after a lawsuit filing to avoid the additional time and expense of litigation.

What to Do If Healthcare Provider’s Negligence Injured You

If you experience a medical malpractice incident, it is vital to seek legal assistance immediately. Time is of the essence in your claim, and it is important to preserve critical evidence. At TopDog Law, the attorneys in our network initiate a prompt investigation into your case, preserving all evidence and thoroughly exploring all aspects of your case. 

While your legal team is handling the particulars of the process, there are several things you can do to protect your claim’s value, including:

  • Record your receipts, bills, and other medical documentation in relation to your injury.
  • Keep a journal of your injury’s impact on your daily life, such as frequent medical appointments, pain levels that influence your ability to sleep or work, and the amount of time you miss from work due to the injury.
  • Follow your doctor’s treatment plan, including attending all scheduled appointments and taking prescribed medication to give yourself the best chance at recovery.
  • Avoid posting about your case on social media, as insurers can access these posts and use them against you in your claim.

Your attorney can advise you on any additional information that you may need to provide. Prompt responses to these information requests can help the process move smoothly.

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Discuss Your Philadelphia Medical Malpractice Case with a Lawyer Today

Medical malpractice cases are fraught with unique challenges that can make it difficult to receive your maximum compensation. These lawsuits involve highly intricate medical and legal issues, requiring precise navigation through both. At TopDog Law, our robust system effectively addresses and overcomes these hurdles. We carefully vet the attorney we work with to ensure you get the quality representation and justice you deserve.

We urge you to reach out to us today. The Philadelphia personal injury lawyers in our network have extensive experience handling medical malpractice claims. They offer a free initial consultation where they can evaluate your case and inform you about the potential legal routes you can take. Contact TopDog Law today at (214) 544-3707 (or fill out our online contact form) and let us put you in touch with the right legal team to guide you through this challenging time and secure the compensation you deserve.

TopDog Personal Injury Lawyers – Philadelphia Office

434 West Olney Avenue,
Philadelphia, PA 19120

Ph: 214-544-3707

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