- Our Firm
- Personal Injury
- Medical Malpractice
- Birth Injuries
- Apgar Scores
- Abnormal Birth
- Cortical Blindness
- Midwife Malpractice
- Preterm Labor Negligence
- Birth Paralysis
- Delivery by Forceps or Vacuum Extraction
- Hypoxic-Ischemic Encephalopathy (HIE)
- Neonatal Hypoxia
- Retinopathy Prematurity
- Brachial Plexus Palsy
- Developmental Delays from Birth Malpractice
- Infant Resuscitation Errors
- Neonatal Therapeutic Hypothermia
- Shoulder Dystocia
- Brain Damage/Head Trauma
- Erb’s Palsy
- Infant Wrongful Death
- NICU Malpractice
- Subgaleal Hemorrhage
- C Section Cases
- Facial Paralysis
- IUGR/Intrauterine Growth Restriction
- Nuchal Cord Malpractice
- Torticollis (Wry Neck)
- Fetal Acidosis
- OB-GYN Malpractice
- Uterine Rupture
- Cephalopelvic Disproportion
- Fetal Distress
- Klumpke’s Palsy
- Periventricular Leukomalacia
- Cerebral Palsy
- Fetal Monitoring Malpractice
- Placental Abruption
- Clavicle Fracture
- Group B Streptococcus
- Meconium Aspiration Syndrome
- Free Consultation
There are many medical malpractice cases in Pennsylvania. From birth injuries to misdiagnoses to failure to diagnose anesthesia administration mistakes, medical malpractice has the capacity to severely impact a person’s life.
At Gilman & Bedigian, it is our mission to advocate compassionately, aggressively and persistently on your behalf so that you are awarded fair and just compensation, nothing else is acceptable. We understand the pain and suffering our clients endure and are here to provide our experience, our knowledge, and our resources to relieve however we can that pain.
What is an Actionable Medical Malpractice Claim in Pennsylvania?
Medical malpractice in Pennsylvania occurs when a doctor or other medical/healthcare profession is negligent or commits medical negligence. Medical negligence is defined as the professional breach or violation of the industry’s standard of care. The industry’s standard of care is established through the medical community’s general acceptance of patient treatment when they are within the same or similar circumstances of other patients. When the standard of care is breached, there must be an injury factually and proximately attached to the breach. If so, then the injury must be accompanied by monetarily quantifiable damages. If all these elements are satisfied, your injury sustained from medical malpractice may be actionable by way of a claim or lawsuit.
What is the Statute of Limitations for Medical Malpractice Claims in Pennsylvania?
In Pennsylvania, you have two years from the date you discover the injury, which was caused by the medical malpractice, or two years from the date a reasonable person would have discovered the injury emanating from the medical malpractice. If you wait one day longer, your claim will likely be dismissed.
A new law, however, adjusts the time period for injuries stemming from medical malpractice incidents that occurred after March 2002. If the medical malpractice incident occurred after March 2002, then you have up to seven years from the date the medically negligent act occurred to file a lawsuit. Thus, if you discover your injury after seven years the medical malpractice incident occurred, you cannot file a lawsuit. In other words, this means is:
- If your injury is a result of a medical malpractice incident taking place before March 2002, you have two years to file a claim or lawsuit, starting from the date you discovered (or the date a reasonable person would have discovered it) the injury stemming from the medical malpractice.
- If your injury is a result of a medical malpractice incident taking place after March 2002, you have seven years from the date of the medical malpractice to discover the injury. Once the injury is discovered within that 7-year period, you have two years from that date of discovery to file a claim. If you do not discover the injury within that 7-year period, you are no longer eligible to file a claim.
This addition to the Statute of Limitations is particularly hard on victims of medical malpractice because it can be years if not a decade before an injury will materialize. Because of the time constraints, it is very important to seek legal assistance as soon as the injury is discovered.
What Damages can you Claim for Medical Malpractice in Pennsylvania?
Pennsylvania allows allows several types of damages to victims who prove their case. Available damages include compensatory damages, non-economic damages, and punitive damages.
These damages are also known as economic damages because they already have a price tag attached to them, or, alternatively, the value of the price tag is not difficult to determine.These damages include the actual costs patients either spend or lose, like medical expenses, lost wages, loss of earning capacity, transportation costs to/from appointments. There is no cap set for economic damages in Pennsylvania, which means the State cannot limit how much compensation you receive.
These damages compensate things that are not easily valued, like pain and suffering, loss of enjoyment, loss of consortium, or other like intangible consequence of the injury. There is no cap set for non-economic damages in Pennsylvania.
These damages are rare but can be applicable in certain egregious circumstances where the negligence was extreme, willful, fraudulent, reckless, or malicious. These damages serve to punish the doctor or healthcare professional, act as a deterrent, and provide extra care to a patient under these special circumstances. If there was no intent to harm, then the State caps punitive damages at 200 percent of economic damages. Additionally, 25 percent of the punitive damage award is allocated to a special fund: MCARE Fund, which serves as a fund to help compensate patients whose claims exceed the medical malpractice insurance coverage of the healthcare provider.
Our Philly Medical Malpractice Law Firm
One of the primary focuses of our law firm is medical malpractice. We understand the pain and harm that can come from a doctor who ignores their patient’s needs or a hospital that is more focused on saving money than treating patients.
Our Philadelphia medical malpractice team prioritizes our clients, giving them:
- The best experts, regardless of cost.
- Advancement of all expenses.
- Personalized advice and counsel.
- Responsive support and guidance.
- Expert assessment of the case.
- Comprehensive case preparation.
- Proven trial advocacy.
- Financial staying power.
- Unparalleled reputation for success in medical malpractice cases.
We have recovered hundreds of millions of dollars for our clients and their families, including a record-setting $55 million verdict against Johns Hopkins Hospital. Our experience gives us the confidence that we are the law firm that is able to help you through the complex legal system and ensure that you receive the best possible financial compensation for your injuries.
If you suffered a medical malpractice injury in Pennsylvania or have a loved one who died after a medical error, we are unique in our ability to help. Other Philly law firms dabble in medical malpractice and find themselves over their head. Other lawyers advertise for med mal cases and just end up referring the case to us.
Your case is unique and we treat every client’s case like it’s the most important case we’ve ever seen. We believe this is one of our “secrets of success,” and to our record-setting trial record.
The insurance companies get notices of medical malpractice claims all the time but they don’t treat all those claims the same way. However, the insurance companies often get very reasonable when they see our names on a lawsuit.
Types of Medical Malpractice Claims in Philadelphia
Any type of medical care or treatment may be subject to a medical malpractice claim where the doctor or hospital makes a mistake or fails to take action. Even a minor check-up can be the cause of a malpractice claim if the doctor fails to notice a sign of a more serious disease or illness. When the doctor or hospital is cutting corners, taking shortcuts, or ignoring patient needs, they should be held accountable for their actions.
Birth injuries can be some of the most devastating for families. Negligence during pregnancy or during the birth process can leave children with lifetime injuries. Parents and families can be left having to deal with the financial cost of assistance for a lifetime. The emotional trauma of a birth injury can be the most painful part, knowing all the pain and suffering was avoidable. Some of the common types of birth injury medical malpractice include:
- Erb’s Palsy/ Shoulder Dystocia
- Cerebral Palsy
- Intracranial Hemorrhages
- Facial Paralysis
- Bone Fractures
- Birth Asphyxia
- Spinal Injuries
- Subconjunctival Hemorrhage
- Caput Succedaneum
- Statute of Limitations
- Developmental Delays
- Birth Complications
- Fetal Distress
- C-Section Malpractice
- Extraction Device Injuries
- Diabetic Retinopathy
Long before the due date, doctors have a responsibility to keep pregnant patients safe and informed. Negligence during pregnancy can lead to serious and permanent injuries for both the mother and child. After reviewing the prenatal care malpractice information, think about the care you received during pregnancy. If you suspect a doctor, nurse, or healthcare professional was negligent during your prenatal care, you can give us a call for more information. You have rights and if someone else caused you or your unborn baby harm, you should be compensated. Prenatal medical malpractice can include:
- Failure to Diagnose Mother
- Failure to Identify Birth Defect
- Prescription Errors
- Ectopic Pregnancy
Anesthesia is generally administered during surgery to help the patient and the doctor. Anesthesia creates a loss of sensation or consciousness that protects the patient from severe pain and allows the doctor to operate. However, problems with administering anesthesia can cause serious injury for the patient. In some cases, anesthesia errors can lead to death. Some anesthesia problems caused by medical error include:
- Overdose of Anesthesia
- Adverse Effects of Anesthetics
- Negligent Monitoring
- Wrong Drug or Wrong Dose
Every surgery carries some level of risk but negligence during surgery can cause serious injury or death. Surgical mistakes are some of the most common causes of patient injury and death in Philadelphia. Some surgical errors are not discovered until months or years after the surgery. If something went wrong during your surgery, it may be a sign of medical malpractice. Some of the most common surgical errors in Philadelphia include:
- Incision Location Errors
- Foreign Object in the Body
- Nerve Damage
- Internal Organ Damage
- Wrong Site Surgery
- Wrong Patient Surgery
- Anesthesia Errors
- Nerve Damage
- Bile Duct Damage
- Vessel Damage
- Damage to Bowels
Early diagnosis of diseases and health problems is the key to giving patients the best chance for success. However, this relies on doctors correctly identifying the problem. Failure to notice signs of a disease or mixing up the diagnosis is one of the most common causes of medical malpractice in Philadelphia. Some of the more common subjects of misdiagnosis, delayed diagnosis, and failure to diagnose include:
- Lung Cancer
- Breast Cancer
- Skin Cancer
- Prostate Cancer
- Deep Vein Thrombosis (DVT)
- Pulmonary Embolism
- Aortic Aneurysm
- Severe Blood Clots
- Heart Attack
- Celiac Disease
- Lyme disease
- Thyroid Conditions
Prescription drugs may be necessary to treat diseases and keep our bodies running. However, prescription drugs taken incorrectly can be dangerous, or even deadly. Unfortunately, prescription medication mistakes are extremely common. Prescription drug errors can be caused by the doctor, hospital, or in the pharmacy. Types of medication errors include:
- Wrong medication
- Wrong dose
- Wrong route
- Wrong frequency
- Unauthorized drug use
- Dangerous drug combination
- Failure to address contraindications
- Failure to monitor
People go to the hospital for treatment and care. Unfortunately, going to the hospital can also be the source of a patient’s injury. When a doctor, nurse, or healthcare provider makes a mistake at the hospital, the injury victim may be able to file a claim against the provider and the hospital where the injury occurred. Hospitals may be vicariously liable for the negligence of their employees and staff.
As the demand for cosmetic surgery, surgical enhancement, and plastic surgery procedures increase, there may also be an increase in the number of errors and injuries. Common plastic surgery errors include:
- Lack of informed consent,
- Infection from unsterilized equipment
- Anesthesia errors,
- Not properly monitoring vitals,
- Surgical errors, and
- Intubation injuries
When a cosmetic surgeon or other healthcare professional involved in the procedure fails to provide proper patient care, the patient can suffer unnecessary injuries, including scarring, pain, deformation, nerve damage, and even death. The injury victim may be able to file a medical malpractice claim to get compensation for their physical and emotional injuries.
Intubation is the medical procedure where a plastic tube is inserted into the patient’s airway or endotracheal tube. Intubation keeps the airway open and allows air to be pumped in and out of the lungs to keep the blood oxygenated. However, intubations can be very harmful or even fatal if they are done improperly. In these situations, the patient can suffer pain, injury, and medical issues that result from the negligently performed procedure.
Emergency Room Errors
An emergency room may be the first intervention after an injury or illness. Proper care in the emergency department can give the patient the best chance for recovery. However, the doctors and staff of the emergency department may also make mistakes and those errors can have tragic consequences for the patient. Medical malpractice that happens in the emergency room may involve:
- Wrong diagnosis
- Medication errors
- Laboratory errors
- Delay in treatment
- Discharging a patient too early
- Lack of informed consent
Defective Medical Equipment and Defective Medicine
Medical devices include instruments, materials, or apparatus that are intended to be used to diagnose, treat, prevent, or alleviate an injury or disease. Each year, defective medical devices are recalled for a variety of problems, including implantable cardioverter-defibrillators recalled for premature battery depletion, ventilators with unexpected shutdowns, or catheters that can break during insertion.
Drugs and pharmaceuticals may also be defective, including a manufacturing defect where the drug was somehow compromised or contaminated during the manufacturing process. Drug defects may involve failure to properly warn the patient about the risks and dangers involved with taking the drug. Drug makers may also intentionally hide research or downplay questions about the safety of a drug.
Some people seek out procedures as a form of birth control. This includes tubal ligation to permanently prevent pregnancy and vasectomies to block the sperm from reaching the semen. However, when these procedures are done improperly, it could result in pregnancy for someone who was actively trying to prevent getting pregnant. A wrongful pregnancy after a tubal ligation or vasectomy can be dangerous for some women or can result in expensive medical costs for the care of a disabled or sick child.
Why is the Philadelphia Medical Malpractice System So Complicated?
Medical malpractice in Philadelphia is complicated and takes years to experience to learn how to navigate. These malpractice cases may involve multiple doctors, hospitals, nurses, and insurance companies. The legal laws on expert witnesses, time limits, and the standard of care are complex. We are here to help guide you through the legal system, answer your questions, and make sure you are in the best position to win your case. We make sure that nothing gets missed so you can focus on recovery.
Philadelphia Medical Malpractice Law and Process
In a medical malpractice case, the medical system and legal system overlap in a complex and detailed way. After a suspected injury or harm caused by medical negligence, the injury victim talks to a medical malpractice lawyer. The medical malpractice lawyer has to identify all the potential parties, including anyone who was involved in the patient’s care. As soon as notice is given of a possible lawsuit, the insurance companies for the hospitals and healthcare providers get involved and have lawyers on their side to address the claim.
Part of pursuing a successful medical malpractice lawsuit is determining which parties were responsible for the error or negligence. Under Pennsylvania’s medical malpractice laws, there are a number of factors that go into determining the fault and liability of the doctor or healthcare provider.
In some medical injury cases, it may be the medical device company or pharmaceutical company that is liable for the damage. In a medical or drug product defect claim, the company is responsible for putting a dangerous product on the market. Even if you do not know who at the company was directly responsible, the company may be strictly liable for any harm or injury caused by a defective product.
A medical malpractice case can take years from the date of hiring a lawyer to the end of a trial. Even after a jury trial, there may be an appeal of the decision or the award. With so much time involved in these cases, it is important that you find a malpractice lawyer who will fully represent you from beginning to end.
Who is Responsible for Medical Malpractice in Philadelphia?
There are dozens of provider specialties that may be involved in a patient’s care. Some of the specialties the patient may not even know what they do but that doctor or provider is providing an important part of the overall treatment.
Many patients may be unaware if they are currently being treated by a doctor, nurse physician’s assistant, or hospital administrator. Treatment over a shift change can double the number of people who are caring for the patient.
In most medical malpractice claims, it may be necessary to name all individuals and entities who were involved with the care in order to have the best chance to recover your full damages. As litigation progresses, the investigation, depositions, and expert reviews will narrow down the specific individuals and entities who are liable for the patient’s injury.
It is important to understand the different provider types because each type of specialist or healthcare provider may have their own standard of care. For example, the duties and responsibilities of a cardiovascular surgeon may be different than the duties and responsibilities of an anesthesiologist. The standard of care is a primary part of a medical malpractice claim.
Emergency room doctors, or ER doctors, provide emergency care to patients in acute and sometimes life-threatening situations or patients whose injuries are too severe to wait to see a primary care physician.
Hospitalists are doctors who are stationed in the hospital and focus on the care of hospitalized patients. Many hospitalists are trained as internal medicine doctors.
Palliative care specialists are doctors who focus on relieving the symptoms of patients with serious or terminal illnesses.
Pediatricians are doctors who provide general preventative health and medical care to infants, children, and teens. Pediatricians provide a wide range of services, from routine immunizations to treating chronic conditions.
Neonatologists are specialty pediatricians that care for newborn babies, particularly for newborns that are premature, underweight, are in fetal distress, or have other conditions.
Intensive care specialists, sometimes referred to as critical care specialists or intensivists, are doctors who treat patients with a variety of critical and life-threatening conditions.
Anesthesiologists are doctors who administer sedation and anesthesia to prevent pain and discomfort in patients undergoing invasive medical and surgical procedures.
Pediatric cardiologists are specialty cardiologists who treat heart diseases and vascular problems in children of all stages of development from fetuses to teenagers.
Endocrinologists are doctors who specialize in treating disorders of the glandular system including the pituitary, thyroid, adrenal, ovaries, testes, and pancreas. Endocrinologists may also treat problems relating to hormone imbalance.
Gastroenterologists, or GI doctors, are doctors who treat conditions of the digestive tract, also called the gastrointestinal tract, including stomach, small and large intestine, esophagus, bile ducts, and liver.
Allergists and immunologists are doctors who diagnose and treat allergies, immune system disorders, and may also prevent disorders and manage chronic symptoms.
Medical oncologists are doctors that specialize in the diagnosis and non-surgical treatment of cancers. Non-surgical cancer treatments include chemotherapy and managing symptoms.
Nephrologists are doctors educated and trained to diagnose and treat injuries and disorders related to the kidneys. Nephrologists receive special training following their graduation from medical school in order to specialize in this field.
Hepatologists treat medical conditions and diseases related to the liver as well as other gastrointestinal organs, such as the pancreas, bile ducts, and gallbladder.
Cardiologists are doctors who specialize in diagnosing and treating conditions and problems of the heart and the cardiovascular system, including the arteries and veins.
Otolaryngologists and ear, nose, and throat doctors (ENTs) specialize in the treatment of diseases and injuries to the ear, nose, and throat.
Podiatrists specialize in treating conditions and injuries related to the patient’s feet. This can range from a simple ingrown toenail to complicated surgery to correct issues with the bones of the feet.
Orthopedic Surgeons are doctors that specialize in the surgical treatment of disorders of the bones, joints, ligaments, muscles, and tendons. Some orthopedic surgeons specialize in certain areas of the body, like the knee.
Neurologists are doctors that specialize in diagnosing and treating conditions of the nervous system, including the brain, spinal cord, and the peripheral nervous system.
Neurosurgeons are doctors that specialize in diagnosing and treating conditions of the nervous system, spine, and brain.
Pulmonologists treat patients suffering from respiratory conditions that affect a person’s ability to breathe. This can include conditions like asthma, pneumonia, and bronchitis.
Fertility specialists are doctors who have focused their practice on the reproductive system and on helping couples conceive children.
Dermatologists are medical professionals who specialize in skin conditions. This includes issues with a patient’s hair, nails, and mucous membranes.
An OB/GYN, or Obstetrician-Gynecologist, is a doctor who specializes in working with pregnant women, including the delivery of babies, as well as specializing in the female reproductive system.
Plastic Surgeons are specialized surgeons who focus on the improvement of a person’s appearance and the reconstruction of tissues of the body.
Dentists are doctors who promote oral health and work to prevent and diagnose oral diseases. Dentists may also They also conduct some lower-level oral surgeries, like root canals and cavity filling
A dental anesthesiologist is a specialist who provides pain management for patients who are undergoing potentially traumatic oral surgeries.
General psychiatrists are medical professionals who diagnose and treat mental and behavioral disorders and difficulties.
Radiologists are doctors that specialize in obtaining and assessing medical images to diagnose and treat health conditions.
Pharmacists are doctors that are responsible for dispensing medications to patients. Pharmacists may also assist in deciding what medicines are appropriate to give certain patients.
A Geriatric Psychiatrist is a doctor with special training in treating and diagnosing mental disorders that occur in older adults, or are typically associated with older adults.
Acupuncturists are medical practitioners who use needles to pierce muscles and tissue in order to relieve pressure and stress. Acupuncture is one of the oldest forms of traditional Chinese medicine.
Physical Therapists are medical professionals who help patients rehabilitate and strengthen muscles, joints, and limbs that have suffered an injury or condition.
General and Family Practitioner Malpractice In Philadelphia
A general practitioner (GP) or (PCP) is a type of doctor who does not specialize in one field of medicine and usually provides primary care healthcare. A general practitioner will refer patients to specialists when necessary.
Internal Medicine Doctor Malpractice In Philadelphia
An internist, or doctor of internal medicine, is a doctor who treats diseases, infections, and other internal medical conditions and disorders.
Geriatrician Malpractice In Philadelphia
Geriatricians, or geriatric physicians, provide care and treatment for conditions affecting the elderly. Geriatricians have a more specialized understanding of the aging process and the needs of an elderly patient.
Neuropsychologist Malpractice In Philadelphia
Neuropsychologists are doctors that are trained to assess and treat conditions that relate to the normal functioning of the nervous system, specifically the brain.
Radiation Oncologist Malpractice In Philadelphia
A radiation oncologist is part of the oncology family (surgical, medical, radiation) and is a doctor who specializes in treating cancer with radiation.
Surgical Oncologist Malpractice In Philadelphia
Surgical oncologists are doctors that specialize in the surgical treatment of cancers and other malignant diseases.
Pathologist Malpractice In Philadelphia
Pathologists are doctors who study the tissue and fluids of the body to help diagnose disease. Generally, pathologists work in a lab instead of directly with patients.
General Surgeon Malpractice In Philadelphia
General surgeons are doctors who specialize in surgical operations for a variety of medical conditions. General surgeons can also specialize and work in specific fields of surgery, oncology, pediatrics, or plastic surgery.
Urologist Malpractice In Philadelphia
Urologists are doctors who treat diseases of the male and female urinary tract and of the male reproductive system.
Periodontist Malpractice In Philadelphia
Periodontists are specialty dentists that focus on the prevention, diagnosis, and treatment of diseases of the gums and supporting structures of the teeth.
Hematologist Malpractice In Philadelphia
A hematologist is a doctor who specializes in the study of blood, blood-forming organs, and blood diseases. A hematologist may diagnose and treat blood disorders, like leukemia and sickle-cell anemia.
Rheumatologist Malpractice In Philadelphia
Rheumatologists are doctors that specialize in treating conditions of the joints, muscles, tissues, bones, and internal organs.
Andrologists are doctors that treat a range of issues related to the male reproductive system and urology organs, specifically relating to fertility, sexual health, and hormonal problems.
Colorectal Surgeon Malpractice In Philadelphia
A colorectal surgeon, sometimes called a proctologist, is a doctor that treats diseases of the intestinal tract, colon, rectum, and anal canal.
Audiologist Malpractice In Philadelphia
An audiologist is a doctor who evaluates, diagnoses, treats, and manages hearing loss, tinnitus, and balance disorders. Audiologists generally work with both children and adults.
Oral and Maxillofacial Surgeon Malpractice
Oral and maxillofacial surgeons are dentists who specialize in treating a variety of conditions of the teeth, mouth, jaw, and face including defects, injuries, and diseases.
Ophthalmologist Malpractice In Philadelphia
Ophthalmologists are doctors that treat conditions of the eyes and surrounding anatomy.
Chiropractor Malpractice In Philadelphia
Chiropractors specialize in diagnosing, treating, and preventing conditions of the neuromusculoskeletal system including the bones, muscles, ligaments, and tendons. Chiropractors are medical professionals but they are not medical doctors.
Medical Errors Are the 3rd Leading Cause of Death in the U.S.
Medical errors are not a one-in-a-million accident. Medical errors and mistakes happen every day. Fortunately for most patients, some errors are minor and do not cause injury. Unfortunately for others, a medical mistake can cause serious injury, pain, or even death.
Many doctors, nurses, and medical professionals provide excellent care to their patients. However, the number of fatal medical errors makes it the third leading cause of death in the United States.
A study published in the BMJ in 2016 suggests medical errors are the third leading cause of death, after heart disease and cancer. Another study found that between 210,000 and 440,000 patients die each year in the United States as a result of preventable errors during hospital care.
Medical Malpractice Lawyer Can Balance the Inequality in the Medical System
Many patients feel powerless when dealing with the healthcare industry. It can be difficult to understand what is happening in your care and find out who to talk to get answers. Understanding your medical rights, options, and getting information about medical care can seem like an uphill battle.
Thousands of patients are killed or seriously injured every year because of medical mistakes. In many of these cases, the patient or their family is not even aware that a mistake was to blame. The doctors, nurses, and hospitals may try and cover up the mistake and erase any evidence from the medical record.
As an injured patient or family member, having an advocate on your side can level the playing field. A medical malpractice attorney understands how the hospitals, insurance, and healthcare companies operate and can get the answers you need. This includes getting a copy of your medical records to identify any problems or issues that may indicate a medical mistake.
Filing a medical malpractice claim may also be a way to protect others in the future. When the doctors and hospitals are held accountable for their mistakes, it may help the next family avoid a similar outcome, saving them from unnecessary pain, injury, and loss.
Expert Witness Reports and Testimony
An expert witness is qualified in a particular field to present his or her expert opinion on the evidence in a medical malpractice case. An expert witness is vital in malpractice cases to give their expert opinion on whether the medical professional in question violated the standard of care.
Under Pennsylvania Rules of Civil Procedure 1042.3, in any action alleging a licensed professional deviated from the standard of care, the attorney for the plaintiff shall file a certificate of merit within 60 days of filing. The certificate of merit for most medical malpractice cases provides:
“an appropriate licensed professional has supplied a written statement that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm.”
Under the MCARE Act, an “appropriate licensed professional” is one who is, “an expert with sufficient education, training, knowledge and experience to provide credible, competent testimony, or stated another way, the expert who supplies the statement must have qualifications such that the trial court would find them sufficient to allow that expert to testify at trial.”
How to Find the Best Philadelphia Medical Malpractice Lawyer for Your Case
If you or a loved one has been the victim of medical malpractice in Philadelphia, it is important to hold those who caused the injury responsible for their actions. The doctors, nurses, and hospitals who caused the injury may be liable to compensate you and your family for your losses. This can be done through filing a medical malpractice claim.
An experienced medical malpractice attorney can help you through the process to give you the greatest chance at recovery. However, it is important to find the right lawyer for you. There may seem like a lot of options out there so make sure you ask the important questions before you decide who to have to be an advocate through this difficult time.
Medical malpractice cases can often take a long time and you want to be comfortable that you made the right choice and will be well-supported throughout the process.
What type of law does the lawyer or law firm practice?
A licensed attorney in the Commonwealth of Pennsylvania can practice in most areas but some focus on specific areas of law. Medical malpractice cases are unique, with specific filing requirements, pleading requirements, necessity of experts, and they can take years to come to completion. A law firm with years of experience focusing on one area of law can give you the confidence that your lawyer knows how to succeed in a medical malpractice claim.
Does the attorney or firm have resources necessary for a complex medical malpractice case?
Medical malpractice claims can be very complex and take a lot of time and resources to invest before the final outcome. Does the firm you are interviewing have a selection and good relationship with expert witnesses? Does the law firm have a licensed physician as part of their legal team who can work closely with the attorneys and staff?
Do you feel comfortable with the attorney and their team?
A medical malpractice case can be very personal. You may have to share a lot of your personal medical information with your lawyer and their team. Make sure you feel comfortable with your lawyer and any support staff that you will be working with. You deserve to be treated with respect and kept informed of the progress on your case. You should also feel free to be able to reach out whenever you have any questions.
Comprehensive, Resourceful Legal Representation for Medical Malpractice in Philadelphia, Pennsylvania
It can be incredibly difficult to know if you or someone you love has been the victim of medical malpractice. Sometimes the injury can be obvious; other times it may take years to realize what has happened. This is why it is critical to meet with an experienced attorney to discuss what happened to you. At Gilman and Bedigian, we specialize in medical malpractice claims and have a lot of experience helping people in Philadelphia. We work closely in conjunction with our staff physician to give each case the individualized attention it deserves. You are always welcome to give our office a call to discuss your case with no obligation whatsoever.