Medical mistakes injure or kill hundreds of thousands in the United States every year. Medical malpractice occurs when a doctor, hospital, or medical provider is negligent and hurts or kills a patient. If you or a loved one has suffered harm because of a medical error, the experienced Philadelphia medical malpractice lawyers at Galfand Berger LLP can help.
Medical malpractice occurs when doctors, hospitals, or other health care providers fail to follow their own professional standards and cause injury or death.
The most common types of medical mistakes include:
The experienced medical malpractice lawyers at Galfand Berger LLP have seen a wide range of medical mistakes, including the following:
Health care professionals may make mistakes during the testing, diagnosis, treatment, and care of patients. Medical malpractice is a kind of personal injury law that seeks to hold health care professionals accountable when they have been negligent in their duties and have harmed patients. Professionals and institutions potentially liable for medical malpractice include the following:
Provide financial assistance to injured patients or their survivors, seek justice by holding negligent parties accountable for their actions, and deter negligent actions to prevent harm to others in the future.
State law typically governs medical malpractice matters. Each state dictates its own time limits and deadlines for filing malpractice claims. In Pennsylvania, the statute of limitations for medical malpractice is two years. To preserve their right to recover damages, injured people or their estates must file a claim within two years.
Injured patients who sign a consent form do not waive their right to file a medical malpractice claim. They may still recover damages if they can show that their health care provider was negligent and that negligence caused the patient’s injury.
Consent forms typically include language stating that the health care provider has given patients information about their treatment options, the patients reviewed the information, and they have willingly given their consent to the specific treatment they have chosen. The information on the form usually includes the following:
However, signing a consent form does not always excuse health care providers or institutions from negligence. Injured patients who have any questions regarding the legal implications of signing a waiver should seek professional guidance from an experienced medical malpractice lawyer.
Many times, patients or their loved ones know that a health care provider made a mistake, but they are not quite sure how to prove it. To prove medical malpractice, patients must be able to show the following:
Proving medical malpractice requires legal experience and investigative skill because doctors, hospitals, nursing homes, surgical centers, and insurance companies employ a large staff of lawyers to support their side of the story. Their goal is to prevent or minimize any claim that an individual patient may attempt to make. Arguments made by opposing lawyers or insurance companies may include the following:
A lawyer will begin investigating a medical malpractice case by speaking with you and your family about what you think went wrong. The attorney will review medical records or other documents that you have, and may have to obtain additional records as part of the initial investigation. Before filing any lawsuit, a lawyer will need a medical expert to certify that, in the expert’s opinion, malpractice occurred.
Medical negligence lawsuits are typically quite complex and lengthy, requiring extensive reviews of records, research of medical literature, and interviews with medical experts. Galfand Berger LLP is experienced in representing victims of medical malpractice and are available anytime to answer questions about the process and review cases at no charge.
Thousands of patients suffer harm each year due to the negligence of health care providers. The Philadelphia medical malpractice lawyers at Galfand Berger LLP are committed to helping innocent individuals harmed by medical mistakes. We work hard to ensure that patients and their families uncover the truth about the circumstances surrounding their injuries. To schedule a free consultation, call us at 800-222-8792 or contact us online. From our offices in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we proudly serve clients throughout Pennsylvania and New Jersey, including Allentown and Harrisburg.