Jenkintown Medical Malpractice Attorneys
The Jenkintown medical malpractice attorneys at MyPhillyLawyer have secured top results for clients who have experienced injuries and illnesses because of medical negligence from a physician, hospital, or another medical professional. Our attorneys have recovered over $500 million on behalf of injury victims in and around Philadelphia. The lawyers on our team proudly support our clients during every step of their injury claims, ensuring they secure the maximum compensation the law entitles. Those who have suffered injuries or lost a loved one due to a medical provider’s negligence should contact MyPhillyLawyer at 215-227-2727 to schedule a free consultation with an experienced medical malpractice attorney on our team.
What is Medical Malpractice in Pennsylvania?
Under Pennsylvania case law, medical malpractice refers to the negligent or unskilled treatment by a healthcare professional that deviates from accepted standards of medical care and results in injury to the patient.
The medical malpractice system serves two primary functions:
- Compensating victims of negligent care, and
- Providing incentives for healthcare professionals to provide safe and effective care.
Injury victims or their family members who want to pursue a medical malpractice lawsuit in Pennsylvania must prove the following:
Violation of the standard of care
While every medical professional is held to the relevant standard of care in the medical community, doctors may vary in opinions on how to treat a patient best. However, their treatment cannot deviate from acceptable standards. In Pennsylvania medical malpractice cases, the victim maintains the burden of establishing a violation of the standard of care. Typically, the victim must use an expert witness to meet this requirement.
After the victim establishes the violation of the standard of care, they must prove that the medical provider’s negligence was the real cause of the victim’s harm.
Increased risk of harm
In some medical malpractice cases, the claim arises from the medical professional’s failure to diagnose or treat an illness or injury. In these situations, proving that the malpractice was the real cause of the harm can be exceedingly challenging. However, victims can prevail if they prove that the provider’s negligence increased the risk of injury.
Medical malpractice victims must prove that they suffered damages due to the medical professional’s negligence.
What Is the Certificate of Merit REquirement?
In addition to the above requirements, Pennsylvania requires that claimants file a certificate of merit. The certificate of merit is a statement from an “appropriate licensed professional” verifying that the expert believes the claimant has a viable claim. The expert must review the claim and attest that there is a basis to find that the medical professional’s conduct fell outside applicable standards and contributed to the patient’s harm.
Over the past 40 years, medical malpractice has become one of the most challenging healthcare issues in the country. Medical negligence is a public health concern as it poses a severe risk of patient injury, disease, disability, or death. Medical negligence victims in Jenkintown must consult an experienced lawyer to discuss their rights and remedies.
Common Medical Malpractice Lawsuits in Jenkintown
According to a landmark study by the Harvard School of Public Health (HSPH), over 43 million people suffer injuries worldwide because of unsafe medical care. In addition, medical errors are the third leading cause of death in the nation. Medical errors can result from the negligent conduct of treating physicians, surgeons, nurses, physician assistants, pharmacists, and other healthcare providers. In addition, hospitals, nursing homes, rehabilitation facilities, and long-term assisted facilities may be liable for medical malpractice.
There are nearly 90 hospitals in or near Jenkintown, PA, and hundreds of individual practitioners, rehab facilities, and other healthcare facilities. The high concentration of facilities around Philadelphia often results in hospital facilities and private practices demanding that their providers treat as many patients as possible. These pressures often come at a cost to patient care and safety.
The leading types of medical malpractice include:
Injuries before, during, or after labor and delivery can have lifelong consequences. Birth injuries may stem from:
- Substandard prenatal care;
- Improper administration of medication;
- Improper use of vacuums, forceps, and other delivery instruments; and
- Failure to recognize fetal distress.
These events can lead to conditions such as the following:
According to a report from the Agency for Healthcare Research and Quality, over 155,000 injuries to mothers and infants that occurred during childbirth were avoidable. Further, nearly 9,000 hospitalizations involving injuries to mothers and newborns involved birth trauma or injury to an infant.
Delayed or Missed Diagnosis
Although delayed and missed diagnoses are similar, these diagnostic errors vary in some regards, particularly in light of relevant medical malpractice laws. However, in either event, these cases often arise when a medical professional’s failure to treat a patient appropriately causes the patient to experience the worsening or progression of a medical condition.
Failure to Treat
Medical professionals who fail to treat a patient for a medical condition may be liable under the state’s medical malpractice laws. Failure to treat claims may stem from the following:
- Failure to monitor a patient’s condition;
- Failure to perform required tests;
- Failure to advise a patient of available treatments;
- Failure to follow up after procedures or lab work; and
- Failure to adhere to acceptable standards of care.
Patients who are victims of a medical professional’s failure to treat may experience undue suffering and lifelong disability or death.
All surgeries pose some risk, but these risks rise to the level of malpractice when a healthcare provider’s preventable mistake causes injury or death to a patient. A surgeon or other medical professional may be held liable for a surgical error if their incompetence, lack of preoperative planning, improper work process, or poor communication led to a surgical error. These events can cause the patient to experience unintended injury, prolonged hospitalization, physical disability, or death.
In addition to the immeasurable cost of human suffering and the profound toll medical malpractice takes on victims and their families, studies show that medical errors cost approximately $20 billion a year. Accordingly, it is in the best interest of all parties that injury victims consult with an attorney to determine the best way to move forward with a medical malpractice claim in Jenkintown.
What is the Statute of Limitations for Medical Malpractice Claims in Pennsylvania?
The statute of limitations refers to the time a party has to commence a lawsuit for damages against a negligent party. The statute of limitations for medical malpractice lawsuits in Pennsylvania is two years. Accordingly, medical malpractice victims must file their lawsuit within two years of when they discovered or reasonably should have discovered that their injuries resulted from medical negligence.
Historically, Pennsylvania’s statute of repose law under the Medical Care Availability and Reduction of Error (MCARE) prevented victims from filing a medical malpractice action more than seven years from the date of the negligence.
What Is the Statute of Repose Constitutional in Pennsylvania?
Despite the state’s longstanding statute of repose rule, the 2019 ruling in Yanakos v. UPMC declared Pennsylvania’s statute of repose unconstitutional. Before the verdict, the only exceptions to Pennsylvania’s seven-year limitation were for minors or those who suffered injuries from foreign objects left behind in their body. However, following the case Yanakos v. UPMC, the statute of repose is unconstitutional and cannot be used as an affirmative defense.
Why Choose MyPhillyLawyer to Handle Your Medical Malpractice Lawsuit?
Suffering from the effects of a misdiagnosis, surgical error, or any other type of medical malpractice can place victims in an overwhelming situation. And while you have the right to pursue a medical malpractice lawsuit against the providers responsible for your injuries, you may need help finding the best Jenkintown medical malpractice attorneys.
At MyPhillyLawyer, our dedicated personal injury and medical malpractice lawyers are steadfastly dedicated to our client’s well-being and the success of their cases. We have a long history of successfully obtaining maximum compensation for our clients. We also strive to make the process as easy on you as possible. Below are some of our recent victories:
- $80,000,000.00 recovered in a case involving defective transvaginal mesh.
- $20,000,000.00 recovered following a birth injury that resulted in significant brain damage.
- $3,500,000.00 recovered based on a hospital’s failure to provide appropriate medical care in an emergency department leading to the death of the 48-year-old patient.
- $2,100,000.00 recovered in a medical malpractice lawsuit based on a provider’s failure to diagnose an aneurysm leading to stroke and disability.
- $100,000.00 recovered for a client whose surgeon failed to remove a surgical sponge causing infection, and surgical sponge removal two days later.
Speak with a Jenkintown Medical Malpractice Lawyer About Your Case Today
If you or a loved one recently experienced what you believe in having been an incident of medical malpractice, reach out to MyPhillyLawyer for immediate assistance. We have an attorney standing by, waiting to discuss your case with you and provide honest insight and answers to your questions. We proudly represent clients in Jenkintown and throughout the greater Philadelphia area. To learn more and schedule a free consultation with one of our injury lawyers, call 215-227-2727. You can also reach us through our online contact form.