Philadelphia Medical Malpractice Attorneys
Millions of Dollars Recovered for Wrongfully Injured Victims
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.
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.
Why Clients Choose Golomb Legal
- Proven track record of success
- We offer free, no-obligation consultations
- Award-winning representation
- 35+ years of legal experience
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
Have you been injured due to a health care provider’s negligence? Contact us for a free case evaluation by calling (215) 278-4449!
What is Medical Malpractice?
Medical malpractice refers to a situation in which a healthcare professional, such as a doctor, nurse, or other medical personnel, fails to provide appropriate and 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.
At Golomb Legal, our Philadelphia medical malpractice lawyers have an extensive background in this particular field, handling all types of complex matters.
Our firm is experienced in handling medical malpractice cases that involve:
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Establishing Liability in a Medical Malpractice Case
Not all errors that occur in hospital or clinical settings constitute medical malpractice. In order to prove that medical malpractice occurred, your attorney must establish these important 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 prove your case. 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 attorney can advise you on how to best proceed.
Can You Sue for Surgery Complications?
Yes, you can sue for surgery complications that were the result of medical errors. An injury caused by medical malpractice is claimed to be the result of an error by a healthcare professional or hospital/medical institution.
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.
There must be evidence that the doctor was negligent in order to file a medical malpractice lawsuit.
Establishing negligence requires proving:
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The standard of care
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How the medical professional deviated from that standard
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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.
- Lost income: Compensation for wages or income lost due to the malpractice, including future earning capacity if applicable.
- Property damage: If any of the plaintiff's property, such as medical equipment, is damaged due to the malpractice
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.
Lastly, 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.
Contact our medical malpractice lawyers today to learn how we can help. Call (215) 278-4449 for a free consultation!
Informed Consent Laws
Informed consent is the process by which you are kept 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 things including:
- 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 make sure you fully understand their recommendations and all of your options, and that you accept their findings and wish for them to proceed. When a medical provider fails to obtain informed consent, you have a right to file a medical malpractice lawsuit if you suffer an injury as a result of 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:
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Will I have to go to court if I file a medical malpractice lawsuit?
A majority of all medical malpractice cases are settled without ever going to trial. That’s good news for injured patients. It is important, however, to choose an attorney that is skilled in litigation, not just negotiation. If your case does proceed to trial, you can rest assured knowing that you are being represented by lawyers with the knowledge and resources to litigate and try to verdict even the most complex medical malpractice lawsuit.
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 attorneys in Philadelphia as soon as possible.
At Golomb Legal, our medical malpractice lawyers can assess your situation to determine if you have a viable case.
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 claim, 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 for patients and their families. 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 attorneys at Golomb Legal is dedicated to fighting for the rights of wrongfully injured victims.
When you choose Golomb Legal for your medical malpractice case, 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 reach out to our team for a free consultation to discuss your case 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 malpractice attorney immediately. Negligent doctors, nurses, and healthcare professionals must be held accountable for their negligence.
To learn more about your legal options, contact our firm for a free consult. Our malpractice lawyers in Philadelphia have successfully represented individuals in Philadelphia, Pennsylvania, New Jersey, and throughout the U.S. Call (215) 278-4449 today!
Recommended Reading:
- How Common is Medical Malpractice
- Can I file a class action against my doctor or hospital?
- Can I sue my psychiatrist?