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Medical malpractice cases can occur when a doctor, nurse, or other healthcare professional fails to meet the acceptable standard of care. It can happen during a procedure or other healthcare treatment and causes a patient to suffer harm. However, sustaining injuries during a surgery or procedure alone is not proof of medical negligence. The case must show the doctor’s deviation from the standard of care was the cause of the harm.
When the negligence of a doctor or other certified healthcare provider causes harm to you or someone you love, you could have the legal right to collect compensation in a civil lawsuit. Schedule a meeting with a seasoned South Philadelphia medical malpractice lawyer to start filing a claim. A practiced personal injury attorney could guide you through this complex process.
Common Medical Malpractice Causes
A lawsuit requires the patient to establish the healthcare provider owed them a duty of care and breached their professional obligation. It must further show that their breach caused them harm and verifiable damages. Some of the typical medical malpractice lawsuit causes include the following:
- Misdiagnosis or failure to diagnose
- Surgical mistakes
- Emergency room errors
- Medication and other pharmaceutical errors
- Anesthesia accidents
- Testing procedure errors
The patient must have solid evidence to prove they suffered bodily harm or other losses to file a suit against a healthcare provider. A medical malpractice attorney in South Philadelphia could investigate to determine if there is cause for a civil action and help gather the required documents and evidence to file a lawsuit for damages.
The Certificate of Merit in Medical Malpractice Claims
A person must follow specific procedures when filing a lawsuit against a healthcare professional. According to Pennsylvania Code § 1042.3, the petitioner must file a Certificate of Merit with the court within 60 days of the date they file a claim against a healthcare professional for medical malpractice. The claimant must meet with a healthcare professional in the same practice field and have them review the details of the treatment and injuries.
After review, the medical professional must complete the certificate and declare under oath there is a reasonable cause to believe the medical treatment, surgery, or procedure did not meet the standard of care. The court does not require the same medical professional to testify at trial. However, they must have education and training within the same field as the defendant in the medical malpractice claim.
When the lawsuit names more than one defendant, the petitioner must file a separate certificate for each healthcare professional. A few exceptions allow the plaintiff to forego the Certificate of Merit, including cases without expert testimony from healthcare providers. A medical malpractice lawyer in South Philadelphia could review the requirements and exceptions during a consultation.
Schedule an Appointment With a Skilled South Philadelphia Medical Malpractice Attorney
Patients trust they are in good hands when they visit doctors and other medical professionals. When they suffer injuries because of negligence, they have every right to expect the at-fault party to cover their losses.
When you sustain injuries at the hands of a healthcare provider, you could recover damages in a civil claim. An experienced South Philadelphia medical malpractice lawyer could help you navigate the civil claims process and collect a settlement amount to cover your losses. Call and schedule a consultation with our team today to begin preparing the case tomorrow.