Pursuing a Medical Malpractice Claim
Over the course of a lifetime, illnesses and injuries may occur and may require the assistance of medical professionals for treatment and rehabilitation. Individuals often depend on trusted doctors and physicians to thoroughly examine their medical history and current condition, as well as provide an accurate diagnosis and recommend the best course of action for treatment and recovery. If a doctor fails to perform his or her duties in a professional or responsible manner, the patient may suffer further injuries as a result.
If a doctor, nurse, or other medical professional fails to behave in a reasonable and responsible manner, or if he or she does not act in a manner consistent with others in the same field, he or she may be held liable for medical malpractice. Because many individuals may be unfamiliar about the concepts behind medical malpractice the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C. would like to provide the following information to help explain important facts about medical malpractice claims.
What is Malpractice?
If a patient suffers injury or illness, or is forced to deal with unnecessary pain as a result of a medical professional’s negligent or careless actions, he or she may have cause to pursue a malpractice claim. Malpractice cases may involve:
- Misdiagnosis
- Prescription errors
- Sub-standard care
- Surgical errors
- Birthing injuries
- Wrongful death
- Nursing home abuse
If a hospital, doctor, or nurse fails to provide the necessary care to prevent harm to a patient, the injured party may be able to take action against the facility that was responsible for the care, the medical practice, or the medical professional who was responsible. If you have been injured due to the negligence of a physician or physician’s assistant, it may be wise to consult an experienced Philadelphia medical malpractice attorney.
Pursuing a Malpractice Claim
Persons who suffer from injuries caused by misdiagnosis, prescription errors, or surgical errors may be forced to deal with lasting pain and medical issues. They may also be forced to pay for significant out-of-pocket expenses that may not be covered by their insurance policy. In certain cases, people may wish to pursue a medical malpractice claim to recoup expenses and hold those accountable for the injury responsible for their actions.
In order to pursue a malpractice claim, individuals will usually have to:
- File the claim within the statute of limitations
- Prove that the hospital, doctor, or other medical professional failed to perform up to the standards set by others in their field or in a responsible manner
- Show that the negligence or recklessness directly contributed to the patient’s injuries
- Show that the person suffered unnecessary injury as a result of the doctor’s actions
Before filing a medical malpractice claim, it is recommended that injured persons consult an experienced Philadelphia personal injury lawyer to discuss their case.
Compensation for Your Malpractice Claim
When pursuing a medical malpractice claim, there are different types of compensation for which injured persons may be eligible. Injured patients may be able to recover compensation for medical bills, lost wages, and other expenses. In addition, they may be able to pursue restitution for non-economic damages as well. Common damages include:
- Medical bills
- Pain
- Suffering
- Lost wages
- Diminished earning capacity
- Disability
- Mental or emotional trauma
Recently, some states have moved to put a limit on the amount injured individuals can collect for non-economic damages, so it is important to consult your attorney about the specific regulations in your state before filing your medical malpractice claim.
If you or someone you love has suffered injuries due to the reckless or negligent actions of a medical professional, contact the Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. at 215-238-1130 to discuss your case.