When people go to the hospital or doctor’s office to get treated for an illness or injury, they expect to come out feeling better. Unfortunately, that doesn’t happen all the time. Sometimes medical professionals make mistakes that end up hurting their patients. If you were recently injured while under a doctor’s care, you should speak to a medical malpractice lawyer Philadelphia PA residents turn to.
Thousands of patients endure medical injuries every year. Here are some of the top causes of medical negligence a medical malpractice lawyer in Philadelphia PA sees:
When to File a Medical Malpractice Lawsuit
If you believe you’re the victim of medical malpractice, it’s important to file a lawsuit as soon as possible. In Pennsylvania, the statute of limitations to file a medical negligence lawsuit is two years. After that time period has passed, you’re no longer eligible to receive compensation.
There are few things on Earth more challenging than watching your child suffer. If your newly born child suffered medical trauma during the birth process and was injured as a result, you are almost certainly struggling emotionally with that reality. It is important to understand that you do not have to struggle alone and to understand that you are not powerless. Connecting with a Philadelphia medical malpractice lawyer parents trust will help to ensure that you fully understand what your rights and options are under the law. Once you are aware of what your options are, you can make informed decisions about those options.
Not every birth-related injury is grounds for a medical malpractice lawsuit. That is one of the primary reasons why it is important to connect with a Philadelphia, PA medical malpractice lawyer and to have your case thoroughly and objectively evaluated before committing to either a plan of action or a plan of inaction.
In order to pursue a medical malpractice case successfully, you’ll need to prove that one or more medical providers (your physician, a technician, the hospital itself, etc.) failed to uphold the duty of care owed to mother and/or child under the law. In a nutshell, healthcare providers can only be held accountable for medical malpractice if their failed to act in ways that reasonable practitioners would under similar circumstances. Therefore, if a reasonable obstetrician facing similar circumstances would have handled your child’s medical situation very differently, you may have strong grounds upon which to file a lawsuit related to your baby’s injuries.
Every state employs its own “statute of limitations” when it comes to filing medical malpractice claims. A statute of limitations restricts the amount of time that injury victims (and/or their closely-related loved ones, under certain circumstances) can file legal action. If someone tries to file a lawsuit after the statute of limitations related to their case has expired, their lawsuit will be dismissed.
Birth trauma cases are unique, in that parents may file a lawsuit within the first few years after the trauma has occurred and child victims themselves may have much longer to file on their own behalf. With that said, it is important to speak with a Philadelphia medical malpractice lawyer as soon as you can after birth trauma occurs. Being proactive can help to ensure that critically important evidence is preserved and your family’s legal options are protected as you mull over your opportunities for seeking legal recourse.
Once you have scheduled a risk-free consultation with an experienced Pennsylvania legal team at Wieand Law Firm, LLC, you’ll want to take a little time to prepare for that meeting. Write down your questions and concerns so that you can reference them during your consultation. Gather medical paperwork and any other information that will help us to better understand the ins and outs of your case. Finally, if you feel that you are still too distraught to fully pay attention during the consultation, bring along someone trustworthy who can take notes and make sure that you leave the consultation setting armed with all the information you’ll need to make decisions about your situation moving forward.
A medical malpractice lawyer Philadelphia, PA families trust from Wieand Law Firm, LLC can imagine that enduring labor is challenging enough, and parents shouldn’t have to be concerned about their baby suffering from birth injuries. Devastatingly, babies can get seriously hurt if the doctor and/or nursing staff fail to provide a standard of care that is expected within the medical field. Doctors or nurses may make a crucial error, or commit an oversight that leads to the baby being injured. Here we discuss the five types of birth injuries that can occur due to medical malpractice.
There are several ways that a baby can sustain a brain injury during birth. Due to fault of the medical staff, the baby may suffer from intraventricular hemorrhage (bleeding where spinal fluid is generated in the body), cerebral hemorrhage (bleeding within the brain), subarachnoid hemorrhage (bleeding between brain cover and arachnoid membrane), and cephalohematoma (bleeding between skull cover and skull, causing a bump on the head).
Additionally, if the baby lacked oxygen during labor and delivery, both physical and mental issues can occur. The severity of these problems depends on how long the baby was deprived of sufficient oxygen. The result may be labored breathing, seizures, coma, shock, and fatality. A lawyer from Wieand Law Firm, LLC Pennsylvania families trust may be able to recover damages for this type of injury.
Otherwise referred to as a brachial plexus injury, peripheral nerve damage can cause limited mobility in the hands and arms, numbness, weakness, paralysis, pain, and loss of physical sensation in the newborn. These nerves can get damaged because of shoulder trauma during birth, inflammation, or tumors.
Doctor or medical staff that do not properly rotate the baby, or stretch and pull in unnatural ways during birth can cause damage to the spinal cord and cranial nerve. The newborn may have paralysis (of the face and other areas), skin that is sensitive to the touch, and weak muscles.
When a birth is breached or the baby is large in size, it can lead to bone fractures. When humans are first born our bones are more fragile and get stronger by fusing together as we age. During delivery, the clavicle and other bones can more easily break due to the pressure of birth. If the doctor ignored warnings that suggested a breached or large baby, and an injury occurred, you should call a PA medical malpractice lawyer in Philadelphia immediately.
Perhaps the rarest injury, but still possible, is an intra-abdominal wound. This is a blunt injury to the abdominals that can cause damage to the baby’s internal organs. Symptoms include vomiting, nausea, fever, abdominal pain, tenderness, and distension may be present in the baby upon delivery.
It goes without saying that parents who realize their baby is injured immediately after giving birth can be a terrifying moment. This is supposed to be a beautiful moment, and the medical staff may have taken that away from you due to carelessness. If you suspect that your baby’s injuries could have been due to the doctor or staff that attended to you during labor, then it is advised that you seek a lawyer right away. Your attorney can let you know whether what happened could entitle you to financial compensation for injuries, pain and suffering, and other losses as a result of the medical malpractice.
As we’ve covered above, a birth injury is a physical harm sustained by the infant during or shortly after labor. Birth injuries happen during complicated deliveries and can impact both mother and baby. We can imagine that during this time you should be experiencing joy and adjusting to a new way of life with your newborn. But for many parents, a doctor’s error led to their baby suffering in some way. If you suspect that the doctor or other medical staff failed or were careless when tending to you, please call our law firm for help.
Here are examples of red flags that may mean a birth injury has occurred:
It is important to note that birth injuries sustained during delivery may only be seen later on in life. This is especially true if the baby’s injuries were internal, and parents may not realize something is awry until their son or daughter hasn’t reached developmental milestones. Birth injuries that may show up later in life include:
Premature babies are more vulnerable to birth injuries since they tend to be more fragile and small. Babies that are larger than normal may have issues coming through the mother’s birth canal and can suffer from asphyxia. Babies that are part of prolonged and extensive labor may also be at-risk for a birth injury. However, just because a baby may be at a higher risk for sustaining a birth injury, it doesn’t mean that doctors and staff can be negligent. In fact, they should be even more attentive and take steps to reduce the likelihood of something going wrong.
Medical malpractice lawsuits are some of the most complex types of personal injury cases. That’s why it’s in your interest to hire an experienced medical malpractice lawyer in Philadelphia PA. He or she can help you file your lawsuit in a timely manner, ensure your rights are protected and improve your chances of getting a fair settlement.
If you were injured while under a doctor’s care, schedule a free consultation with a medical malpractice lawyer in Philadelphia PA at Wieand Law Firm today.
Our trusted Philadelphia medical malpractice lawyer relies on from Wieand Law Firm, LLC knows that there are certain groups of people you may put your trust in more than others: firefighters, police officers, and doctors, just to name a few. However, when a doctor makes a negligent mistake, their mistake can be much more costly than another person’s mistake. When a doctor, nurse, or medical professional makes a mistake, it could mean you are left with a serious injury or even a death in the family. Our Philadelphia, Pennsylvania medical malpractice lawyer wants you to know that if you have experienced an injury at the hands of a healthcare provider or if a mistake has caused a loved one’s death, you should reach out to our office so we can begin helping you pick up the pieces.
We can only imagine the anguish you may be going through right now. As new parents with an injured baby, you may be outraged and confused as to how this could have happened. We encourage parents to seek our assistance so they can understand their options in pursuing compensation. You may have grounds for a lawsuit where you can receive a substantial amount in restitution from the doctor and/or medical facility for the birth injury. If you are interested, call a Philadelphia medical malpractice lawyer from Wieand Law Firm today to get the legal support you need promptly.
According to Journal of the American Medical Association, as many as 225,000 people die from medical malpractice each year. Check out Pennsylvania Medical Malpractice Filings from 2003 to 2020.
The vast majority of doctors are amazing people who will always go the extra mile to take care of their patients; however, there are some situations where patients can be victimized by medical malpractice. In this situation, it is important for you to reach out to a Philadelphia medical malpractice lawyer, such as a member of the Wieand Law Firm, who can help you. What defines medical malpractice?
For medical malpractice to take place, the plaintiff has to prove that the doctor had a duty to take care of him or her. For example, if a doctor runs up to someone on the street following a car accident, he or she does not necessarily have a duty to help the people involved. The doctor is simply being a good Samaritan. On the other hand, if you can prove that you had an appointment scheduled with that doctor at the time the incident occurred, then you may be able to prove medical malpractice.
Next, the plaintiff has to prove that the doctor deviated from the accepted standard of care. Just because you had a poor outcome doesn’t necessarily mean medical malpractice took place. Sometimes, doctors follow the best practices of the field and do not get the desired outcome. You need to previous at the doctor deviated from the established standard of care.
Finally, you also have to prove that the deviation of that doctor from the established standard of care led to your damages. Sometimes, a doctor deviates from the standard of care; however, it does not necessarily lead to a worse outcome. You need to prove that the damages you experienced were caused by a doctor who had a duty to help you and that the doctor deviated from the field’s standard of care.
If you can prove these elements, then you may have a successful medical malpractice case. It is incredibly difficult to prove medical malpractice has occurred, which is why it is important for you to work with a trained lawyer. A Philadelphia medical malpractice lawyer, such as a member of the Wieand Law Firm, can stand up for your rights and interests. If you are concerned that you may have suffered medical malpractice, reach out to a lawyer who can help you and protect your interests.
Informed consent is a communication process between the doctor and patient. The doctor is required to advise patients of the potential outcomes prior to a medical procedure or treatment. As part of this communication, the physician must include reasonably foreseeable risks and benefits of the treatment. The doctor must also advise the patient of risks and benefits of their other options, including the option to forgo treatment. This communication often leads to the agreement or permission for treatment, care, or service.
For medical malpractice, a standard of care is the level at which an ordinary, prudent clinician with the same training and experience would practice under the same or similar circumstances. The plaintiff must establish the standard of care and prove that the standard of care has been breached. This is often achieved using expert testimony. Medical standards of care exist for many conditions, such as diabetes and some cancers. Failure to provide a patient with treatment that meets the standard of care can result in legal liability for the injury or death that results that breach. A Philadelphia medical malpractice lawyer can help investigate a case to determine if the standard of care was breached.
In relation to medical malpractice, preponderance of evidence is the legal standard a plaintiff needs to achieve to win a lawsuit. To achieve this standard, the plaintiff must demonstrate that malpractice is more likely to have occurred than not to have occurred. This standard applies to most cases filed in civil court, and it is different than the “beyond a reasonable doubt” standard needed for a criminal conviction.
Comparative negligence is a theory that some states use to divide the fault among the parties involved in the accident based on their respective contributions for the accident. Damages for the accident are then awarded in proportional to the degree of negligence. There are three types of comparative negligence used in the United States: pure comparative negligence, modified comparative negligence and contributory negligence. Speak with a Philadelphia medical malpractice lawyer to learn more about the type of comparative negligence used in your state.
Punitive damages are a type of damage that a court can choose to award in certain circumstances. Punitive damages are considered punishment and are generally awarded by the court when the defendant’s actions are deemed to have been particularly harmful. In tort liability, these damages are often issued when the plaintiff can demonstrate that the defendant engaged in wanton or willful misconduct. Punitive damages are often imposed to sent an example of the negligent party and deter others from behaving similarly.
If you believe that you may have suffered injury or illness as a result of a medical provider’s actions or inactions, please schedule a risk-free consultation with the experienced Pennsylvania team at Wieand Law Firm, LLC today. Remember that attending a consultation neither obligates you to pursue legal action nor does it obligate you to retain our firm’s legal services. Our firm is proud to offer risk-free consultations because we believe that anyone who may have suffered as a result of a professional’s negligence, recklessness, or intentionally harmful conduct deserves to understand their rights and options under the law.
Once we have thoroughly reviewed your situation, you’ll be empowered to make informed decisions about your legal circumstances moving forward. If you choose to file a personal injury lawsuit, our team will provide you with any and all support that you may require. We look forward to speaking with you.
As a Philadelphia medical malpractice lawyer from Wieand Law Firm, LLC can explain, every state has statutes of limitations for filing medical malpractice lawsuits. Although most states typically give plaintiffs two or three years to file a claim, there are rules that allow injured parties to sue for medical malpractice based upon the nature of their injuries, when injury complications manifest, and the state where an injury occurs.
According to the laws of most states, the statute of limitations for medical malpractice claims usually begins when an incident occurs. Therefore, plaintiffs who fail to act within the specific time frame dictated by their states forfeit their rights to sue. The standard statute of limitations applies to most medical malpractice cases to protect the interests of defendants who might:
Although plaintiffs have a specific period during which they may sue, litigation may continue for many years.
Sometimes plaintiffs can file medical malpractice claims after the standard statute of limitations expires. As a Philadelphia medical malpractice lawyer can review, rules that determine if a plaintiff may seek damages after a specific time include:
Some states have statutes of repose that apply to all medical malpractice claims. These rules state the maximum time plaintiffs have to sue regardless of the circumstances surrounding an injury. Contact a Philadelphia medical malpractice lawyer to discuss your options for obtaining damages after you or a family member sustains an injury due to a healthcare provider’s negligence.
As your trusted Philadelphia, PA medical malpractice lawyer understands, being pregnant should be a time of joy. You likely want to begin picking out names, buying baby clothes, and setting up the nursery for your baby’s arrival. You should not have to be concerned that you are not getting proper prenatal care when planning for your baby’s arrival. While not every pregnancy or delivery might go precisely according to a mother’s plan, your instincts may tell you something else is wrong. Unfortunately, millions of babies every year have birth defects that prenatal care teams could have prevented if they had taken the appropriate measures. If you believe you or your child did not receive proper care while you were pregnant, it is time to give our office a call.
You may have gone to every doctor’s appointment and taken your prenatal vitamin when you were supposed to. However, you might suspect your physician was not as vigilant about your (and your baby’s) health. Your doctor must conduct checkups and tests during your appointments and must hold prenatal appointments regularly. Certain types of medical malpractice examples during pregnancy are:
What can I do?
Knowing that your injury (or your baby’s injury) could have been avoided if your OBGYN had correctly run tests and treated you can be disastrous. When you put your life–and that of your baby’s–into your doctor’s hands, you expect that they will have the training, education, and experience to take care of their patients. When you suspect prenatal medical malpractice has occurred and do not know what steps to take, do not hesitate to contact Wieand Law Firm, LLC. We will be with you every step of the way through this difficult time and will aggressively fight on your behalf when you or your baby has suffered from an injury due to prenatal medical malpractice. Call our trusted Philadelphia medical malpractice lawyer now.
If you developed complications post-surgery and suspect the doctor had committed a mistake, then we urge you to contact a Philadelphia, PA medical malpractice lawyer at Wieand Law Firm for assistance. It is not uncommon for patients to have complications after surgery, but many patients may not realize that their symptoms could be the result of medical malpractice. Tragically, surgery mistakes are not uncommon, and such errors may entitle the patient to compensation for how they have suffered. Examples of surgical malpractice include:
There are surgical mistakes that can be fixed without harm to the patient, but others may result in disability, further injury, new symptoms, worsened condition, or fatality. In particular, anesthesia errors are among the deadliest because it can lead to brain damage permanently or death.
It is important to note that unwanted medical news or mishaps that do not cause injury to the patient may not be enough grounds for a medical malpractice case. Medical professionals have to follow standards of care as expected in the medical community. So if a second doctor with similar education in a similar set of circumstances would not have made the same mistake as the first doctor, then malpractice may be a factor. Many people just aren’t sure if their situation warrants reaching out to a lawyer, but ultimately, it’s the best way to get reliable answers to your questions.
Surgical malpractice can be devastating to patients and their families, and the incident rate for this type of malpractice is likely underreported. People may not realize when their adverse outcomes were preventable or because of a doctor’s mistake. A Philadelphia medical malpractice lawyer can assess what has happened, investigate further, and identify if medical malpractice is the culprit. If we think that you have a solid case against a medical professional, we will tell you, and can guide you in the steps to follow.
Doctors are not obligated by law to disclose it to you when they have made a mistake about your care. Permitting the patient continues to have a positive outcome, they may not even think that their care was negligent. But in rare cases, a doctor may admit that they should have or should not have done something while leading to your harm. We are well aware that it’s not just doctors who may try to evade liability, even after having admitted a mistake, as medical facilities also want to protect themselves from losing profit. But you can trust that we are not afraid to go up against large companies who think they have the power, when it’s the people who can use the law for accountability. If you need help for a potential malpractice case, call a Philadelphia medical malpractice lawyer right away.
A Philadelphia, PA medical malpractice lawyer from Wieand Law Firm, LLC knows that the needs of each medical malpractice lawsuit vary widely based on the circumstances that led to the injury or illness in question. No two claims are the same, although they may share many similarities. Similarly, the steps involved in the lawsuit process remain fairly consistent, regardless of the factors that led to the claim.
If you suspect that medical malpractice contributed to your illness, injury, or harm caused to you or someone you love, we urge you to schedule a consultation with a medical malpractice lawyer Philadelphia, PA area residents trust from Wieand Law Firm, LLC today.
When you end up suffering an injury or developing an illness after receiving care from a doctor or other healthcare professional, you may want to discuss your experience with a Philadelphia, PA medical malpractice lawyer. Every year, there is an average of about 20,000 medical malpractice claims that are filed. If you suspect that you may have been a victim of malpractice, do not wait to see a lawyer so that they can review the facts and evidence to determine if you have a case. It could benefit you to consult with a lawyer if you believe that your condition has worsened after being treated by a medical professional. Some of the most common types of medical malpractice include the following cases.
Giving birth to a child is an exciting yet stressful experience for mothers. However, birth injuries can occur when sudden issues unexpectedly arise, and the mother or newborn baby does not receive proper care and treatment. These injuries can be the fault of a nurse, doctor, or other hospital worker. Birth injuries are injuries that a baby or mother suffers during the labor and delivery process, such as brain injuries, fractures, bruises, hemorrhaging, and spinal cord injuries. For example, a doctor can cause an injury if they use forceps too roughly on an infant’s head during delivery.
Another common error that qualifies as medical malpractice are prescription errors. A doctor may prescribe the wrong prescription to a patient, or they may give them an incorrect dosage. A common mistake is when medications are confused for one another because they have similar names. Prescription errors can result in a patient developing a serious illness or it can cause life-threatening symptoms like organ failure. Pharmacists can be sued for medical malpractice if they accidentally give the wrong prescription to a patient or give incorrect instructions as well.
As an experienced Philadelphia medical malpractice lawyer sees in many cases, misdiagnosis is a common complaint given by many claimants. Patients trust a doctor to conduct the necessary and relevant tests so that they can make an accurate diagnosis and develop a specific treatment. If an incorrect diagnosis is made by a doctor, it can waste precious time because the patient is not given the treatment that they actually need to treat their illness or injury.
One of the most common issues found in many medical malpractice cases include delayed treatment. As a result of delayed treatment, a patient can suffer an irreversible health issue or their condition can become significantly worse. In addition, not being treated in time can lead to additional medical expenses that the patient would not have needed to pay if they had been treated at an earlier time.
Negligence committed by a medical professional should never be ignored. If you are in need of an experienced lawyer to talk to if you think that you have suffered medical malpractice, schedule a risk-free consultation immediately so that you can receive urgent help from a competent Philadelphia medical malpractice lawyer such as one from Wieand Law Firm, LLC.
As a Philadelphia, PA medical malpractice lawyer can confirm, mistakes in healthcare can result in devastating injuries to patients. When doctors and other medical professionals are negligent and cause injuries, they can be sued for malpractice. Common medical errors that result in medical malpractice cases include misdiagnosis, medication mistakes, surgical errors and birth injuries. As a patient, you can take steps to reduce your risk of becoming a medical malpractice victim.
There is limited time to take action, so if you believe you have a valid medical malpractice case, request a consultation right away so that a lawyer can start building your case. Remember that you have rights as a victim so you can turn to a lawyer for guidance on how to understand your legal rights and the complex laws involving medical malpractice cases. Request a consultation with our Philadelphia medical malpractice lawyer now.
If you or a loved one are in need of legal assistance regarding a medical malpractice issue, contact a Philadelphia, PA medical malpractice lawyer at Wieand Law Firm LLC. Medical malpractice laws in Pennsylvania are essential regulations designed to protect patient’s rights and hold healthcare professionals accountable for substandard care. These laws help ensure that patients receive the standard of care they deserve and have avenues for seeking compensation when medical negligence occurs.
Pennsylvania’s medical malpractice laws are designed to protect patients and ensure that healthcare providers adhere to a standard of care. These laws encompass crucial elements such as statutes of limitations, certificate of merit requirements, damage caps, and joint and several liability rules. Staying informed about these laws and any recent changes is essential for patients and healthcare professionals alike to navigate the complexities of medical malpractice cases in the state. If you believe you have a medical malpractice claim in Pennsylvania, it’s crucial to consult with an experienced Philadelphia medical malpractice lawyer at Wieand Law Firm LLC who can guide you through the legal process and help you seek the compensation you deserve.
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