Representing Your Rights After You’ve Been Injured After a Medical Error

Whether you’re going to the doctor because you’re noticing worrying symptoms or you need emergency medical care, being able to trust your health care providers is critical for your physical and mental well-being. While most doctors and health care professionals are dedicated to providing thorough, quality care for their patients, they can make mistakes. If you’ve been affected by a medical error or provider negligence, you may have a medical malpractice claim.

Full Court Justice helps those affected by medical errors or malpractice in Philadelphia and the surrounding area pursue personal injury claims. Find out whether you have a case and what the legal process looks like when you schedule a free initial case consultation with a Philadelphia medical malpractice attorney. Call (215) 770-0282 today.

What Are Some Common Examples of Medical Malpractice?

Medical malpractice can apply to many situations. In some cases, it’s a medical professional’s negligence that causes serious injury to the patient. In others, it may be a failure of the health care facility itself. Not every poor outcome qualifies as medical negligence or malpractice, but when medical mistakes occur, it’s essential to understand what happened, why it happened, and whether someone may be liable.

Birth Injury

The care the patient receives during labor and birth has a direct impact on maternal and fetal health. Doctors, nurses, and other health care staff are responsible for monitoring fetal distress and taking action to identify and address any maternal complications. They must determine if and when it’s appropriate to perform a Cesarean section or use other tools, such as forceps or vacuum extraction, to assist delivery.

When mistakes are made and the baby is harmed during labor and birth, it can result in birth injuries, such as a brachial plexus injury or cerebral palsy. Improper care after birth, such as not adequately monitoring the baby or failing to treat common issues like jaundice, can also result in injuries that could have been prevented.

Surgical Mistakes

Performing surgery is a high-stakes event, and it’s critical that the surgeon and all of the support staff act in a manner that supports the standard of care. A mistake during surgery can result in serious injury, lifelong complications, and even death.

Some examples of situations that may result in a medical malpractice claim include a surgeon operating on the wrong body part, performing the wrong procedure on the wrong person, or leaving a surgical instrument or sponge behind. There is also the potential for anesthesia errors, which can result in the patient being awake but unable to communicate during the surgery, or the potential for severe conditions like stroke or a heart attack.

Keep in mind that a complication during surgery doesn’t necessarily mean that there was a medical malpractice issue. There are specific guidelines for what counts as medical malpractice, and an attorney can review your case to determine if you may have a legal claim.

Missed or Delayed Diagnosis

We rely on medical professionals to accurately identify symptoms and diagnose health conditions that require treatment. Unfortunately, it’s not uncommon for doctors to brush off patients’ concerns, labeling symptoms as anxiety or stress or telling patients that they just need to lose weight. But when symptoms are a sign of a serious underlying condition, such as stroke, cancer, or a severe infection, a delayed or missed diagnosis could be life-threatening. If a health care provider failed to order the appropriate tests to diagnose your condition or failed to act when you had abnormal test results, this could be a reason for a medical malpractice claim.

Medication Errors

Medications have the potential to change and even save lives. A simple antibiotic can save someone from life-threatening sepsis, and prescription meds that lower cholesterol or thin blood can prevent severe medical conditions in those at higher risk. However, these medications can also be dangerous if not used appropriately.

A doctor who prescribes the wrong medication or dose could cause serious injury or illness to their patients. Other potential mistakes include not checking for drug interactions or missing that a patient had an allergy to a specific medication. Depending on the circumstances, medical malpractice claims involving medication errors may be brought against the prescribing physician, pharmacist, or pharmacy tech.

What Is the Legal Definition of Medical Malpractice?

One of the common misconceptions about medical malpractice claims is the mistaken belief that any mistake by a health care provider or bad outcome after a surgery or other treatment or procedure counts as malpractice. In truth, the law has a relatively narrow definition of malpractice. Health care is provided by human beings who cannot be perfect, and therefore, there is some level of mistake that is considered within the normal margin of error.

Medical malpractice claims generally require the plaintiff to prove that the doctor or other care provider’s actions didn’t meet the accepted standards of medical care. For example, a surgeon who nicks an artery during a surgery may not be liable for medical malpractice, but a surgeon who operates on the left knee instead of the right knee may be.

Because medical malpractice cases are different from traditional personal injury claims, the law requires that plaintiffs obtain a certificate of merit before moving forward with a lawsuit. A certificate of merit is a written statement from an “appropriate licensed professional” saying they believe that there is “reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm.”

In plain terms, this means that the court requires another licensed health care provider to 

agree with you that there was an issue with the doctor’s standard of care and that this could rise to the level of malpractice. This helps reduce the burden on the court by requiring that a claim already has some level of recognized merit by someone else in the industry before it actually goes to court.

A certificate of merit generally needs to be completed by a provider with an appropriate medical license who holds an equal or higher-level position than the defendant. While it’s common for the professional who completed the certificate of merit to also testify in the trial as an expert witness, it’s not required. An attorney can help you identify an appropriate medical professional to complete the certificate of merit so you can move forward with your case.

How Do You Hold a Medical Professional Liable for Medical Mistakes?

You or someone you love has suffered injuries as a result of a provider’s negligence. But how do you ensure they are actually held accountable for their mistakes? A medical malpractice lawsuit gives you an avenue to seek compensation for your damages, but it can be a complex process to understand.

The first step is to identify the health care provider or facility at fault and ensure that they meet the statutory definition to be named as a defendant in a medical malpractice suit. An attorney can identify who may be liable for your injuries and help with this step.

You’ll also need to show that the professional acted in a manner that didn’t meet the acceptable standard of care and that this negligence was the direct cause of your injuries. This is often the most challenging part of medical malpractice cases because there is often more than one course of treatment for a given injury or illness. There is rarely one correct path that a doctor should have followed, and it may require extensive evidence, multiple expert opinions, and references to other legal cases to illustrate your claim.

You’ll also need to show that you suffered damages as a result of the provider’s negligence. In most cases, these are monetary losses you sustained as a result of the malpractice. For example, if you had to have another surgery to fix the error or you had a stroke after a botched medical procedure and needed ongoing rehabilitation care, these would apply. You can also seek compensation for non-economic damages, such as pain and suffering. These can be more challenging to quantify, but a qualified medical malpractice lawyer can help you arrive at a fair figure.

It’s essential to be aware that there are strict time limits for how long you have to file a medical malpractice lawsuit. In most cases, you will have two years to file a claim, but when this clock starts can differ depending on the circumstances. It generally begins when you become aware of the injury. In some cases, this is immediate, but in others, it may be years before the issue is uncovered. For example, a patient may not be aware that a surgical instrument was left inside them during a procedure until years later, when they have another X-ray. Talking with an attorney as soon as you are aware that an error may have occurred can ensure you don’t miss any relevant filing deadlines.

What Damages Can Victims Recover in a Philadelphia Medical Malpractice Lawsuit?

From surgical errors to medical mistakes, malpractice cases often involve both financial and emotional costs. Our attorneys are here to guide you through this process and ensure you know what compensation you may be entitled to. Damages in medical malpractice cases may include:

Financial Losses

Financial losses are the primary component of damages in a personal injury lawsuit. These are also sometimes referred to as economic damages. The first part of your financial losses is the medical expenses you had for any treatment related to the injury caused by the medical malpractice. Determining eligible medical expenses for compensation can be complex in medical malpractice cases. For example, you may be able to pursue compensation for a second surgery to fix your injury, but you may still be required to pay for the initial surgery even if the surgeon makes a mistake. This is one reason why it’s so important to talk to an attorney about your situation to determine what damages you may be eligible for under the law.

If you were injured due to a health care provider’s negligence, you may also be entitled to compensation for the cost of things like long-term care or rehabilitation therapy related to your injury. Some out-of-pocket expenses, such as home modifications or assistive devices, also qualify. For example, if a doctor’s negligence led to you needing a wheelchair, you could seek compensation for the money you spent to install a wheelchair ramp in your home and the wheelchair itself.

The second part of the financial losses category is lost wages and/or lost earning capacity. When you’re dealing with a serious injury, chances are you won’t be going to work for a while. Some people may have PTO or other leave to use, but if you’re losing income by not being able to go to work, this can be included in your medical malpractice claim. If your injuries are severe enough that you will not ever be able to return to your previous employment, and this leads to a loss of earning capacity, you may be awarded damages based on this.

Pain and Suffering

The legal system recognizes that when someone is injured due to another person’s negligence, the ramifications go beyond the physical damage and recovery. Our clients often have harrowing stories that involve significant emotional trauma and distress. Some develop post-traumatic stress disorder as a result of their experiences, and it’s not uncommon for people to be diagnosed with other mental health conditions, such as depression or anxiety, after a botched medical procedure. All of these intangible things are considered non-economic damages, more commonly known as “pain and suffering,” in a personal injury lawsuit.

Everyone’s experience is different, and it’s not as easy to put a clear monetary value on pain and suffering as it is on a medical bill. Your attorney will help you with this process. In some cases, the value of pain and suffering is determined by multiplying the amount of the economic damages by a factor between 1 and 5, depending on how much it has affected your daily life. The more serious the issues, the higher the factor. In other cases, an attorney might recommend calculating an amount per day and then multiplying that by the number of days you were affected. Which method is best depends on your individual case.

Punitive Damages

A plaintiff being awarded punitive damages is rare in medical malpractice cases. These are reserved for situations where the defendant is found to have acted in a particularly reckless or malicious manner. Punitive damages are those over and above the losses the victim sustained, and the purpose is to punish the defendant and deter others from similar actions. Pennsylvania also puts a cap on punitive damages. A plaintiff can only be awarded up to double their economic losses. Our attorneys can review your case and determine if it may be reasonable to ask for punitive damages.

What If My Loved One Died?

If your loved one passes away as a result of a health care professional’s negligence, the case qualifies as a wrongful death claim or survival action. These cases provide a way for family members to receive compensation for things like funeral expenses and loss of the loved one’s income, as well as emotional damages, such as loss of consortium for a spouse. The differences between a wrongful death claim and a survival action center around who is able to file the claim and what damages are eligible for compensation. An experienced attorney can help you understand which may apply to your circumstances and guide you through the process.

No one seeks medical treatment expecting to experience further harm, but if and when this happens, understanding your legal rights and having experienced representation is critical. Contact Full Court Justice at (215) 770-0282 to schedule a free initial case consultation with an experienced medical malpractice attorney to learn more about your options.