We trust medical professionals to take care of our ailments and protect our health. When handling something as important as our health, medical professionals have a duty to provide care. And when a healthcare worker deviates from these standards, you have a right to pursue compensation for your injury with the help of a Philadelphia medical malpractice lawyer.
For 20 years, the Pennsylvania medical malpractice lawyers at Fellerman & Ciarimboli have been dedicated to helping those injured by the carelessness of medical professionals. With more than $110 million in settlements and verdicts for personal injury victims, we understand the pain you are going through and are ready to be your voice inside and outside the courtroom. We’ll make sure those who caused you pain are held accountable for your injuries.
Medical malpractice occurs when a medical professional or organization — such as a doctor or a hospital — causes an injury to a patient through a negligent act or omission.
For example, you go to the hospital to have your appendix removed. While removing the organ, the doctor nicks a vein and fails to fix it. After the procedure, you begin to feel worse and worse until you learn that you are bleeding internally. Because the doctor had failed to fix the nick, causing a serious injury, this is considered a case of medical malpractice.
Other common examples of medical malpractice include:
- Failure to diagnose or a misdiagnosis
- Misreading or ignoring lab results
- Errors in surgery
- Medication errors such as improper dosage
- Poor aftercare
- Premature discharge
- Not taking a full patient history or disregarding it entirely
- Failure to order proper tests
- Failure to recognize symptoms
In order to file a medical malpractice claim in Pennsylvania, the following conditions must be met:
- A violation of standard of care – Medical professionals have certain medical standards that must be met. Each patient has the legal right to expect medical care that meets these standards. And when the healthcare worker fails to meet these standards which result in an injury, the patient has the right to pursue legal action.
- Negligence caused the injury – If you can show that the standard of care was not met, you then need to prove that the doctor or hospital was negligent. The patient will also need to prove that there would be no injury if the healthcare worker was not negligent.
- The injury caused significant damage – Finally, the patient will need to show the injury had caused significant damages. This can include further medical expenses, loss of income, and pain and suffering. For medical malpractice claims, Pennsylvania does not limit damages.
In Pennsylvania, a medical malpractice claim needs to be brought within seven years of the date the injury occurred; if the accident resulted in death, then a case must be filed within two years of the date of the death.
Venue in Medical Malpractice Cases
As of 2002, medical malpractice lawsuits in Pennsylvania can only be filed in the county where the malpractice occurred, as a means to combat the medical malpractice crisis.
While legislative changes are being proposed for a new rule which would allow a plaintiff to file medical malpractice lawsuits in any county where the healthcare provider does business, it will still take time for Supreme Court approval.
How Our Pennsylvania Medical Malpractice Lawyers Can Help
Once you hire a Philadelphia medical malpractice attorney from Fellerman & Ciarimboli, we will get straight to work. We will review the facts and give you an idea of the strength of the case.
To win a medical malpractice case you must have an expert medical provider’s testimony that no reasonable healthcare provider would have done what yours did. You must also prove through expert testimony that the negligence of your health care provider was a cause of injury or death. Fellerman & Ciarimboli will find the right experts needed for your claim.
Contact Fellerman & Ciarimboli Now
At Philadelphia law firm Fellerman & Ciarimboli, we understand that you’re feeling anger and frustration. We call upon our years of experience to determine what went wrong and who is responsible. We work tirelessly to help ease the financial, caregiving and emotional burdens caused by medical malpractice. We will not rest until we’re sure you are compensated properly for your injuries.
If you or someone you love have suffered because of a healthcare professional’s negligence, time is of the essence. Don’t wait another second! Contact the Philadelphia, Wilkes-Barre, and Scranton medical malpractice lawyers at Fellerman & Ciarimboli today for a free consultation.