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Medical malpractice that results in injuries is more common than most people think. Even a short trip to a family physician for a routine physical presents the opportunity to misinterpret test data or misdiagnose a medical condition. Malpractice can also occur in an emergency room, operating room, or dentist’s chair. Commonwealth law requires all medical practitioners to comply with the applicable standards for their profession. It is when their actions violate this standard of care that malpractice occurs. Providers that commit malpractice must provide compensation to their victims.
A Philadelphia medical malpractice lawyer could help you to collect the compensation you deserve after a medical injury. A personal injury attorney could explain the legal concept of malpractice, evaluate how the event has changed your life, and take every necessary step to prove liability during insurance claims and trials.
The Legal Concept of Medical Malpractice
At the basic level, medical malpractice occurs when a medical professional makes a mistake resulting in a new injury for a patient. However, the mere fact that a person receives poor care from a provider does not satisfy the legal definition of medical malpractice.
Instead, the court ruling of Ditch v. Waynesboro Hospital, 917 A.2d 317 (Pa. Super. 2007) defines medical malpractice as a healthcare provider committing an act that differs from the generally accepted standards of practice. Examples of these incidents may include:
- Improper interpretation of test results
- Failing to refer a patient to a specialist
- Botched procedures
- Improper prescribing of medication
A lawyer in Philadelphia could help individuals better understand the legal concept of medical malpractice and provide an initial case evaluation to determine if a claim has merit.
Working with an Expert to Prove Medical Misconduct
Medical malpractice cases are complex legal issues. In fact, the law says that people attempting to prove malpractice occurred must rely on the reports and testimony of expert witnesses. These qualified individuals are the only ones with the expertise to determine whether a practitioner violated the standard of care.
A person cannot bring allegations of medical malpractice without consulting an expert. According to Pa. Code Rule § 1042.3, any party alleging medical malpractice must submit a certificate of merit to the court. This certificate states that the plaintiff or their legal team has consulted with an expert, and the expert believes there is a good faith basis for the lawsuit.
A Philadelphia attorney could assist people in locating and hiring these experts who are necessary to prove medical malpractice cases.
Seeking Fair Compensation in a Doctor Malpractice Case
People who suffer harm at the hands of others always deserve the compensation they need to set things right. Medical misconduct cases are no exception to this rule. While many states have enacted damage caps on injury cases, Pennsylvania is not one of those states. As a result, victims of medical negligence can collect every dollar of payments they need to pay medical costs, obtain financial stability, and return their lives to relative comfort. A skilled lawyer in Philadelphia could help an individual secure these payments after medical malpractice.
Contact a Philadelphia Medical Malpractice Attorney Today
Medical errors are common sources of injuries. They may occur when first meeting a family doctor, visiting an ER, or undergoing surgery. Every medical provider has a duty under the law to provide competent care to patients. Failures to do so that result in injuries may constitute medical misconduct.
A Philadelphia medical malpractice lawyer could help you pursue your case for its full value. This includes explaining the legal concept of medical malpractice, hiring experts necessary to demonstrate your claim, and presenting potent arguments before insurance companies and juries. Reach out to our team now to learn more.