Medical Malpractice
Major Victories by Our PA and NJ Medical Malpractice Lawyers
- Six Figure Recovery - Man died following improper diagnosis and treatment of endocarditis
- Six figure Recovery - 71 year old man died due to an undiagnosed e-coli infection
- Six figure Recovery - Negligent transection of common hepatic duct during surgery
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Rights of Those Injured in Philadelphia, Pennsylvania and New Jersey Medical Malpractice Cases
Everyone makes mistakes. No one is perfect, not even those in the medical profession. In fact, the National Academies of Sciences reports that almost 100,000 people die each year because of medical malpractice in this country. That’s more than the number of Americans that die each year from AIDS, breast cancer or car accidents.
Under the laws of Pennsylvania and New Jersey, anyone who commits negligence and causes injury to another can be held liable. When someone in the medical profession commits negligence and that negligence causes serious injury to another, the law holds that doctor, specialist or hospital accountable.
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Those in Pennsylvania or New Jersey who are injured due to hospital negligence, doctor negligence or mistake, or who sustain a birth injury may be entitled to compensation for their injuries and any resulting economic and financial damages.
The most common types of medical negligence cases are:
- hospital mistakes/negligence
- physician mistakes/negligence
- specialist mistakes/negligence
- birth injuries such as cerebral palsy
- failure to diagnose or misdiagnosis
“Standard of Care” Defines Medical Malpractice under Pennsylvania or New Jersey Law
The law tries to protect against medically caused fatalities by imposing a standard which all health care providers are supposed to meet. This “standard of care” depends upon their job, or profession, and where they are located. For example, doctors in Newark are required to meet the lowest standard of care that is considered acceptable by other doctors in Newark. Their standard of care isn’t defined by nurses in Newark, or by doctors in Dallas.
If a provider falls below that base line, his location’s “standard of care” for the job that he/she does, and the patient suffers as a result, then his mistake becomes “medical malpractice” under Pennsylvania or New Jersey law and money damages are available to the victim of his/her mistake, error, or neglect. Nurses, dentists, doctors, lab techs, hospitals, oral surgeons, and other medical professionals can all commit medical malpractice.
Determining Whether There Has Been Medical Malpractice in a Philadelphia, PA or NJ Case Can Be Difficult and Costly
For someone who may have been the victim of medical malpractice in Pennsylvania or New Jersey, the first step must be to determine the “standard of care” and whether or not there is a legal claim to be pursued. The law allows for money damages to be awarded for medical malpractice, but it also recognizes that providers cannot perform miracles or guarantee results.
Medical malpractice laws in Pennsylvania and New Jersey provide a remedy to those who have suffered because there have been failures or mistakes like failing to properly diagnose, failing to do the right tests, procrastinating on treatment, ordering the wrong treatment, or making surgical errors (like leaving a sponge inside the body, or operating on the wrong limb). Monetary relief can include medical costs and expenses, lost wages, pain and suffering, and lost earning capacity.
Medical Malpractice Cases are Aggressively Defended – Money and Status are on the Line
Victims of medical malpractice should expect their claims to be scoffed at, vigorously challenged, and hotly contested by the doctors, hospitals and other health care defendants along with their insurance carriers and defense counsel. Pursuing their cases will be expensive, too: expert testimony from expensive medical professionals will be needed to confirm what happened, to refute the defense’s dismissal of the claims, to determine the extent of responsibility each provider should undertake. It is crucial for the victim of medical malpractice to have a knowledgeable, experienced attorney not only to review the case for the “standard of care” determination, but to also fight for justice for the victim in this complex area of the law.
Help for Those Injured by Medical Malpractice in Philadelphia, Pennsylvania and New Jersey
At the Philadelphia medical malpractice law firm of Laffey, Bucci & Kent, our experienced attorneys are committed to providing quality representation and individual attention to their clients and their clients’ families. The personal injury attorneys at Laffey, Bucci & Kent have many solid years of experience handling medical malpractice matters. Their knowledge and expertise in dealing with defense counsel as well as insurance company representatives and adjusters can be invaluable when seeking justice in a personal injury/medical malpractice matter. Firm partner Paul Bucci has particular expertise in pursuing medical malpractice claims, and his record is second to none in achieving results.
Our experienced and highly rated Philadelphia, PA and NJ medical malpractice lawyers will meet with you and discuss:
- medical malpractice laws
- liability of responsible parties, including hospitals, doctors and specialists
- damages and proof
If you or a loved one has been seriously hurt or killed by medical malpractice or medical negligence in Pennsylvania, Delaware, New Jersey or New York, contact our experienced, highly rated Philadelphia, Pennsylvania and New Jersey medical malpractice and injury attorneys for a free, confidential consultation. 215.399.9255/800.220.7600
Our personal injury attorneys serve accident victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE.