Philadelphia Medical Malpractice Attorneys

Millions of Dollars Recovered

Medical professionals are held to a high standard of care. Sadly, the reality is that many doctors, nurses, and other healthcare providers fall short of these expectations, and their negligence injures the very patients they have a duty to protect. Recognizing the burden that medical errors can impose, Golomb Legal passionately advocates for victims' rights, emphasizing the importance of safety in healthcare practices.

Nearly 200,000 people die each year due to preventable medical errors. This makes medical negligence the third leading cause of death in the United States. At Golomb Legal, we have recovered millions of dollars for our clients. We have over three decades of experience representing medical malpractice victims in challenging hospitals, surgeons, nursing homes, and other healthcare providers. Our dedicated legal team continually strives to ensure that justice is served, focusing on strategic approaches tailored to each specific circumstance.

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On This Page:

• What Is Medical Malpractice?
• Types of Medical Malpractice Cases We Handle
• Establishing Liability in a Medical Malpractice Case
• Can You Sue for Surgery Complications?
• What Damages Can Be Recovered?
• Informed Consent Laws
• Common Examples of Medical Negligence
• Will I Have to Go to Court If I File a Medical Malpractice Lawsuit?
• Legal Assistance for Victims of Medical Negligence
• Speak with a Medical Malpractice Lawyer in Philadelphia
• Recommended Reading

What Is Medical Malpractice?

Medical malpractice is when a healthcare professional, such as a doctor, nurse, or other medical personnel, fails to provide appropriate, competent care to a patient, resulting in harm, injury, or death. It involves a breach of the standard of care expected in the medical community, where the healthcare provider's actions or omissions deviate from accepted medical practices, and this deviation directly leads to harm to the patient.

Contributing factors to medical malpractice can be complex and multifaceted, but some common elements include:

• Negligence: Negligence is a central element in medical malpractice cases. It refers to a healthcare provider's failure to adhere to the standard of care expected in their profession. This can include mistakes in diagnosis, treatment, surgery, or post-operative care.
• Miscommunication: Poor communication among healthcare providers, patients, and their families can lead to misunderstandings, errors, and ultimately medical malpractice. This can involve inadequate sharing of information, unclear instructions, or misunderstandings about a patient's medical history or condition.
• Inadequate Training or Experience: Sometimes, healthcare providers may lack the necessary training or experience to perform specific procedures or make certain medical decisions. Inadequate training can result in mistakes and negligence.
• Fatigue and Overwork: Healthcare providers who work long hours or are chronically fatigued are at a higher risk of making errors. Fatigue can impair judgment, concentration, and decision-making abilities, leading to medical malpractice incidents.
• Staffing Shortages: Understaffed healthcare facilities may struggle to provide adequate care, leading to rushed procedures, miscommunications, and errors in diagnosis or treatment.
• Inadequate Documentation: Proper record-keeping and documentation are crucial in healthcare. Incomplete or inaccurate medical records can lead to misdiagnoses, inappropriate treatments, and difficulties in establishing the facts in a malpractice case.
• Equipment and Technology Failures: Malfunctions or errors in medical equipment, such as diagnostic machines or surgical tools, can contribute to medical malpractice incidents if they lead to incorrect diagnoses or treatment complications.
• Lack of Informed Consent: Healthcare providers must obtain informed consent from patients before performing medical procedures or treatments. Failure to adequately inform patients about the risks and alternatives can result in malpractice claims.
• Substandard Facilities: Healthcare facilities that do not meet the necessary standards in terms of hygiene, equipment, and staffing are more likely to be associated with medical malpractice.
• Poor Follow-Up Care: After a medical procedure or treatment, ongoing monitoring and follow-up care are often necessary. Neglecting to provide proper follow-up care can result in complications and malpractice claims.
• Preexisting Conditions: Patients with preexisting medical conditions may require special care or precautions. Failing to consider these conditions in diagnosis or treatment decisions can lead to malpractice claims.

Types of Medical Malpractice Cases We Handle

Although medical malpractice is a complex area of law that covers a broad spectrum of circumstances, its essence is simple: Medical malpractice is intended to protect patients when a healthcare provider or medical entity deviates from accepted standards of practice and causes damage to the patient as a result of that deviation.

Medical malpractice can occur in any setting where a healthcare service is provided, from a doctor's office or hospital to a pharmacy. An equally broad range of negligent acts may constitute medical malpractice, from anesthesia errors to prescription drug mistakes. This extensive reach underpins why careful monitoring and regulation of healthcare practices are necessary to prevent errors and safeguard patient well-being.

At Golomb Legal, our Philadelphia medical malpractice lawyers have an extensive background in this particular field, handling all types of complex matters. Our proactive approach allows us to manage varied and intricate legal challenges effectively, highlighting our commitment to delivering quality legal support and guidance.

Our firm is experienced in handling medical malpractice cases that involve:

• Anesthesia errors: Many surgical injuries are caused by anesthesia errors. If you have been injured read our anesthesia error page to learn about types of errors, liability, and legal options.
• Birth injuries: Welcoming a new baby into the world can turn from joy to terror when a medical mistake takes place. Our team is experienced in handling birth injury cases and is ready to fight for the compensation you and your family deserve. Learn more today about birth injury law and how we can help you.
• Cerebral palsy/ Erb's palsy: Cerebral palsy affects 764,000 people in the United States, while there are different types of cerebral palsy a common cause of it is medical malpractice. If your child is a victim of doctor negligence call our offices today to learn how we can help you. Our team understands the financial and emotional toll this diagnosis can take on you and your family, and we are ready to fight for you.
• Emergency room errors: You are at your most vulnerable when seeking help in an emergency room, we rightly expect to be taken care of in this type of setting. If you have been injured in an emergency room error our team is here to help you. Read more today about the ER’s responsibility and how we can help you.
• Failure to diagnose cancer: With a diagnosis such as cancer, every day counts when medical professionals fail to properly diagnose this disease it can have devastating consequences. Learn how our team can hold these medical professionals accountable for their actions during a free consultation today.
• Nursing home abuse: When we entrust our loved ones into the care of a nursing home we expect their medical needs to be taken care of. All too often, however, nursing home resident’s medical needs are neglected or they are the victim of medical errors. If you suspect your loved one has suffered at the hands of a nursing home, call Golomb Legal today.
• Postoperative infections: Those recovering from surgery are more vulnerable to infection, while hospitals are required to provide a sterile environment sometimes they fail to do so. If you have suffered at the hands of negligent medical professionals, learn more about how we can help you today.
• Shoulder dystocia: Shoulder dystocia is a preventable childbirth complication that if not dealt with quickly can result in severe and sometimes permanent injury. Doctors are trained to identify this complication, if it is discovered they behaved negligently they can be held accountable for their actions and the damage they cause. Learn more today.
• Surgical mistakes: While every surgery carry’s risk there is a standard of care every medical professional is required to uphold. When preventable surgical mistakes happen, doctors can be held accountable for the damage they cause. Learn more about what the law says about surgical mistakes and how we can help you today.

Establishing Liability in a Medical Malpractice Case

Not all errors that occur in hospital or clinical settings constitute medical malpractice.

To prove that medical malpractice occurred, your medical malpractice attorney must establish these facts:

• Your doctor had a duty to provide an appropriate standard of care
• Your healthcare provider breached that duty of care
• You sustained an injury or losses as a result of that breach

Proving medical malpractice is not easy, but an experienced Philadelphia medical malpractice lawyer can gather the necessary evidence and consult with the proper experts to support your claim. Additionally, establishing who is responsible for the injuries you sustained is a difficult and often time-consuming and costly task. In many cases, there may be multiple parties responsible, including the doctor, nurse, pharmacist, lab technician, or radiologist.

Anyone who assists with medical care could be guilty of medical malpractice. If you believe you or a family member were harmed as a result of a healthcare provider's negligence, a knowledgeable medical malpractice lawyer can advise you on how to best proceed. Supporting you through this legal journey, Golomb Legal stands committed to ensuring patients’ rights are protected and justice is sought.

Can You Sue for Surgery Complications?

Yes, you can sue for surgery complications resulting from medical errors. An injury caused by medical malpractice is claimed to result from an error by a healthcare professional or hospital/medical institution. Assessing the impacts of these complications on your health and ongoing care often requires detailed medical and legal consultation.

However, not every surgery outcome is grounds for a malpractice lawsuit because every surgery involves risk. A surgeon may be held accountable for harm if he or she fails to act as a reasonably prudent surgeon would in the same situation. Evaluating the actions and decisions made during surgical procedures is crucial in determining negligence, indicating whether the standard of care was breached. There must be evidence that the doctor was negligent in order to file a medical malpractice lawsuit. Gathering this evidence is critical to constructing a credible legal argument and typically requires engagement with knowledgeable legal and medical experts.

Establishing negligence requires proving:

• The standard of care
• How the medical professional deviated from that standard
• Patient injuries were caused by substandard care.

What Damages Can Be Recovered?

Common economic damages in medical malpractice cases include:

• Medical expenses: The cost of past and future medical treatment, rehabilitation, and therapy related to the malpractice. Keeping comprehensive records of all medical expenses is crucial.
• Lost income: Compensation for wages or income lost due to the malpractice, including future earning capacity if applicable. Demonstrating lost earning opportunities can help provide financial relief during recovery.
• Property damage: If any of the plaintiff's property, such as medical equipment, is damaged due to the malpractice. Securing evidence of such damage supports claims effectively.

Common non-economic damages in medical malpractice cases include:

• Pain and suffering: Compensation for physical and emotional pain, suffering, and distress caused by the malpractice.
• Loss of enjoyment of life: Damages awarded for the loss of the ability to enjoy life's activities and pleasures due to the injury.
• Loss of consortium: Compensation to a spouse for the loss of companionship, services, and emotional support resulting from the malpractice.
• Disfigurement or scarring: Damages awarded for any visible and permanent physical disfigurement or scarring caused by the malpractice.

In rare cases, punitive damages may be awarded to punish the healthcare provider for gross negligence or intentional misconduct. However, Pennsylvania has established legal restrictions on punitive damages, making them less common in medical malpractice cases. If a patient dies as a result of medical malpractice, their surviving family members may be eligible to pursue wrongful death damages. These can include compensation for funeral and burial expenses, loss of financial support, and loss of companionship.

Informed Consent Laws

Informed consent is the process of keeping you fully informed about your healthcare choices. For a medical practitioner to obtain complete informed consent, he or she first needs to conduct a discussion with you of:

• The nature of medical findings and related procedures
• Any alternatives to the recommended procedure
• Risks, benefits, and uncertainties related to a treatment option

In this discussion, a healthcare provider must ensure you fully understand their recommendations and all your options. They must also ensure you accept their findings and wish for them to proceed. When a medical provider fails to obtain informed consent, you can file a medical malpractice lawsuit if you suffer an injury due to your treatment.

Can I File a Medical Malpractice Lawsuit Even If I Have Signed a Consent Form?

Yes. Signing a waiver does not give a medical professional the right to act with negligence while treating you. While there are certain risks associated with many medical treatments, healthcare providers must adhere to an accepted standard of care. Consent forms are designed to acknowledge you understand the associated risks and potential complications associated with a certain treatment, not excuse healthcare providers from medical malpractice.

Common Examples of Medical Negligence

Medical malpractice cases range from the failure of a healthcare provider to provide informed consent to prescription drug errors. Our Philadelphia medical malpractice attorneys at Golomb Legal have successfully recovered millions of dollars in verdicts and settlements for victims of medical malpractice including:

• Administering too much anesthesia
• Improperly restraining a patient
• Performing the wrong surgery
• Administering the wrong medication
• Failing to order necessary tests
• Failure to monitor patient properly
• Ordering an unnecessary surgery
• Failure to diagnose a serious illness
• Mishandling a child during birth
• Prematurely discharging a patient

Will I Have to Go to Court If I File a Medical Malpractice Lawsuit?

Most medical malpractice cases are settled without ever going to trial. That’s good news for injured patients. It is important, however, to choose a medical malpractice attorney skilled in litigation, not just negotiation. If your lawsuit does proceed to trial, you can rest assured knowing that you are being represented by a medical malpractice lawyer with the knowledge and resources to litigate and try to verdict even the most complex medical malpractice lawsuit.

Understanding Local Medical Malpractice Laws

In Philadelphia, the legal landscape for medical malpractice includes specific statutes and regulations that may impact the handling of your claim. Understanding these local laws is crucial, as they define the time limitations for filing and the procedural requirements necessary to pursue compensation effectively. The state requires that malpractice claims be filed within a two-year period from the date of injury or from when the injury was discovered. This rule underscores the importance of seeking timely legal advice to protect your claim’s viability.

Beyond timelines, Pennsylvania law also mandates an Affidavit of Merit, which is a statement from a qualified medical professional affirming that the treatment received deviated from standard care. This requirement ensures that only substantiated claims advance in the legal process, adding a layer of verification to your pursuit of justice.

Legal Assistance for Victims of Medical Negligence

Medical malpractice cases can be especially complex, and because they are bound by varying statutes of limitations based on circumstances surrounding the negligence and the resulting harm, it is advisable to consult with an experienced malpractice lawyer in Philadelphia as soon as possible.

At Golomb Legal, our medical injury attorneys can assess your situation to determine if you have a viable claim. If so, we will work with you and begin gathering information to support your claim. We have the know-how and resources to thoroughly investigate your situation, compile relevant medical records, and collaborate with the appropriate medical and technical experts to demonstrate that your injury was caused by a deviation from the accepted standards of care. Call now to find out how we can put decades of experience to work for you!

Seeking Justice for Victims of Medical Negligence

Medical negligence can have devastating consequences. If you or a loved one has been a victim of medical malpractice, it is important to seek justice and hold the responsible parties accountable. Our team of experienced Philadelphia medical malpractice lawyers at Golomb Legal is dedicated to fighting for the rights of wrongfully injured victims.

When you choose Golomb Legal for your medical malpractice lawsuit, you can expect:

• Compassionate and personalized legal representation
• Thorough investigation of your case to establish liability
• Aggressive advocacy to pursue maximum compensation for your damages
• Clear communication and guidance throughout the legal process

Don't hesitate to contact our team for a free consultation to discuss your situation and learn about your legal options. We are here to help you navigate the complexities of medical malpractice law and fight for the justice you deserve.

Speak with a Medical Malpractice Lawyer in Philadelphia

If you or someone you love has suffered harm, or someone you love has died due to medical malpractice or negligence, it is important to speak to an experienced medical injury lawyer immediately. Negligent doctors, nurses, and healthcare professionals must be held accountable for their negligence.

Recommended Reading:

• How Common is Medical Malpractice
• Can I File a Class Action Against My Doctor or Hospital?
• Can I Sue My Psychiatrist?

Common Questions

What Factors Can Affect the Outcome of a Medical Malpractice Claim in Philadelphia?

Multiple factors can influence the outcome of a medical malpractice claim in Philadelphia, such as the strength of the evidence, the credibility of expert witnesses, and the overall complexity of the medical issues involved. The cooperation of witnesses and the availability of comprehensive medical records also play critical roles. Additionally, the interpretation of local laws and regulations, including the statute of limitations and the requirement for an Affidavit of Merit, can significantly affect how a claim is assessed and judged.

How Can Local Health System Practices Affect Medical Malpractice Claims?

Philadelphia's health systems may have specific practices and policies that can impact medical malpractice claims. Differences in hospital protocols, patient safety measures, and standard operating procedures could all influence the interpretation and direction of a malpractice claim. For example, a hospital's adherence to or deviation from widely accepted medical guidelines might be scrutinized in assessing liability. Insight into these particular health systems, often gained through legal expertise and exploration of past claims, helps build a robust argument tailored to your unique situation, while also providing perspective on how the healthcare environment operates within the legal framework.

What Should I Do Immediately After Suspecting Medical Malpractice?

If you suspect medical malpractice, it is crucial to address both your health and potential legal considerations promptly. First, seek medical evaluation to address any ongoing health concerns and gather detailed medical records related to the incident. Document all events, conversations, and symptoms tied to the medical treatment in question. This information will be valuable in any future discussions with legal professionals. Simultaneously, consult a medical malpractice attorney to explore your legal options. Early consultation can help navigate the complex legal landscape, ensuring your rights are protected and that you are fully informed of potential actions and timelines.

Helpful Resources

• City of Philadelphia Official Website
• Pennsylvania Courts Official Website
• Pennsylvania Medical Society