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Medical Malpractice

 
emergency injury

Medical Malpractice Lawyers in Pennsylvania & New

Last reviewed and updated: October 25, 2017

Video: Pennsylvania Medical Malpractice Lawyer

A Pennsylvania medical malpractice lawyer discusses medical negligence lawsuits and why you need a lawyer.

Transcript: “Medical malpractice cases are very complex. Many times, patients find it extremely difficult to understand or come to grips with the fact that a doctor or hospital they place their trust in has perhaps committed malpractice or some form of negligence has caused them harm. For this reason you need a lawyer who understands these kinds of cases. You need a lawyer who understands the medicine, who understands the type of medical care you’ve been provided. You also need a lawyer who knows the right questions to ask of the right experts to determine whether or not you have a case. If you feel you’ve been a victim of medical malpractice and have any questions about your medical care, please feel free to contact us.”

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The Prevalence of Medical Malpractice in the U.S.

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.

Patients 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 (pain and suffering) and any resulting economic and financial damages (medical bills, lost wages, etc.).

The most common types of medical negligence cases are:

  • hospital mistakes/negligence,
  • physician mistakes/negligence,
  • specialist mistakes/negligence,
  • birth injuries such as cerebral palsy, and
  • failure to diagnose or misdiagnosis.

Recent Results by Our 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

Medical Malpractice under Pennsylvania or New Jersey Law – “Standard of Care”

chest and lung xrayThe 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 medical provider’s conduct falls below that base line, i.e., the specific 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. The medical provider may be required to pay money damages to the patient for the mistake, error, or neglect. Nurses, dentists, doctors, lab techs, hospitals, oral surgeons, and other medical professionals can all commit medical malpractice.

Medical Malpractice in Philadelphia, PA or NJ

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.

In both Pennsylvania and New Jersey medical malpractice lawsuits, experts are required in order to evaluate the underlying medical treatment and determine the manner in which the medical professional was negligent.

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 order/perform 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.

Surviving family members of a deceased patient may be able to file a wrongful death and survival action to recover for the hardships caused by the death of their loved one.

Related: Pennsylvania Medical Malpractice Law – The Statute of Limitations in Surgical Error Cases

Medical Malpractice Cases are Aggressively Defended – Money and Reputation 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, and 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.

Lawyers for Those Injured by Medical Malpractice in Pennsylvania and New Jersey

City Hall downtown Philadelphia PAAt the Pennsylvania and New Jersey 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 attorneys at Laffey, Bucci & Kent have over 40 years of experience handling personal injury matters, including medical malpractice lawsuits against PA and NJ hospitals and doctors.  Their knowledge and expertise in dealing with defense counsel as well as medical malpractice insurance companies can be invaluable when seeking  justice in a 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.

If you or a loved one has been seriously hurt or killed by medical malpractice or medical negligence of a doctor or hospital, contact our medical malpractice and injury attorneys for a free, confidential consultation. The firm has offices throughout Pennsylvania, New Jersey, New York and Delaware. 215.399.9255/800.220.7600