Medical Malpractice Attorneys in Philadelphia, PA
Medical mistakes are the 3rd leading cause of death in the U.S. If you need a Philadelphia medical malpractice lawyer, call or click to schedule a free consultation today. Medical malpractice is among the leading causes of death in the United States, and it accounts for an alarming number of avoidable illnesses and injury-related complications every year. Despite the high standards to which physicians and healthcare facilities are held, they continue to make mistakes regularly – and the consequences are often devastating for patients and their families.
At Munley Law Personal Injury Attorneys, we are well known for our experience in medical malpractice litigation. Our medical malpractice lawyers have consistently been named among the Best Lawyers in America, and we have recovered millions of dollars for victims of medical mistakes. Suppose you, your child, or another loved one is suffering from a health condition that you believe may result from medical malpractice in Philadelphia. In that case, we encourage you to contact us for a free consultation about your legal rights. Speak to a Philadelphia medical malpractice lawyer from our law firm today.
“I had a complex medical malpractice case . . . [Munley Law Personal Injury Attorneys] took me through all the steps necessary to prove negligent behavior that might have caused death of my loved one. [Marion Munley] was very compassionate and very detailed and patient. . . . I would highly recommend them as a Personal Injury Law Firm.” – Satisfied Medical Malpractice Client
Understanding Your Philadelphia Medical Malpractice Claim
Philadelphia is home to some of the country’s top medical facilities. The Hospital of the University of Pennsylvania, Thomas Jefferson University Hospitals, Children’s Hospital of Philadelphia (CHOP), Roxborough Memorial Hospital, Einstein Medical Center, Kindred Hospital Philadelphia, and numerous others provide care for people in Philly and beyond every day. But even the best doctors and medical professionals can commit serious errors. Many doctors who have been sued for medical malpractice are still practicing today.
In Pennsylvania, all licensed healthcare professionals and medical facilities are held to high standards of care. These standards apply to all healthcare providers in Philadelphia, including physicians, surgeons, nurses, hospital staff, nursing home caregivers, long-term care professionals, and clinic personnel. When they fail to meet these standards, and their patients suffer, they can be held liable for medical malpractice. In order to hold the negligent healthcare provider responsible, you must contact a medical malpractice lawyer. A Philadelphia medical malpractice lawyer at Munley Law Personal Injury Attorneys can help you take action against hospitals, clinics, and medical facilities of all sizes. Whether it’s a solo practitioner or a central hospital system, we can help.
When it comes to medical care, it only takes one simple mistake to cause a lifetime of consequences. These errors can (and should) be avoided from misdiagnoses to medication errors. There are established protocols designed to protect patient safety. Unfortunately, inexperience, ineptitude, inattention, fatigue, and other factors routinely lead to medical malpractice.
Our medical malpractice lawyers represent clients in Philadelphia and throughout Pennsylvania who have suffered due to various forms of medical malpractice, including:
- Failure to protect patients from dangerous conditions
- Nursing home neglect and abuse
- Hospital infections stemming from unclean medical instruments
- Improperly administered medications, dangerous drug combinations, and other medication errors
- Improperly managing a pregnancy or the delivery of a baby resulting in birth injury
- Failure to properly treat a medical condition
- Misdiagnosis of a medical condition (including cancer misdiagnosis)
- Error in medical records
Elements of a Medical Malpractice Claim
Several conditions must be met to sue for medical negligence. First, you must demonstrate that a doctor-patient relationship existed between the victim and the negligent healthcare provider. If a doctor-patient relationship existed, then the doctor had a duty to provide you with competent care. This is usually the most straightforward element of your case. A “doctor-patient relationship” simply means that the doctor (or other professional) is responsible for administering care or providing a diagnosis in an official capacity.
Next, you will need to show that negligence occurred. In other words, you must prove that the doctor or medical professional deviated from the reasonable standard of care. The “reasonable standard of care” refers to the level and type of care a competent and skilled healthcare professional would provide under similar circumstances. To establish this, your medical malpractice lawyer will consult with physicians and medical experts to define the correct standard of care in your situation and whether your doctor adhered to that standard.
Then, you must prove that the negligence displayed by your doctor resulted in the harm you have suffered. This is known as “proof of harm.” It is not enough to merely prove that your doctor made a mistake. You must establish a clear link between your doctor’s mistake or misconduct and your injury, illness, or loss of a loved one. The doctor or their employer may attempt to argue that the worsening of your condition was not related to their action or inaction; your negligence lawyers will work with a team of medical experts to prove otherwise.
Lastly, you must prove that you suffered damages due to the injury or illness you experienced due to your doctor’s negligence. Damages may include excessive medical bills, extended hospital stays, lost income, pain and suffering, and more.
Step-by-Step Guidance from the Philadelphia Medical Malpractice Lawyers at Munley Law Personal Injury Attorneys
If you think you have been the victim of medical malpractice or a family member has suffered from the negligence of a medical professional, here are some steps to take:
- Immediately find and hire an experienced and reputable medical malpractice lawyer.
- Act quickly. You must file your claim within two years of the injury. Your lawyer will help ensure the timeframe for filing your medical malpractice claim does not run out.
- Request copies of your medical records.
- Write down everything that happened while it’s still fresh in your mind.
- Once you’ve hired a medical malpractice attorney, an investigation will be conducted to determine if negligence was involved. Your lawyer will obtain copies of all of your medical records and contact any hospitals, physicians, and other providers that may have been involved in your case. We work with medical doctors and experts to review your records in detail and identify avoidable mistakes or wrongdoing.
- After your case has been investigated and examined, your lawyer will help you file a medical malpractice lawsuit if negligence is found.
Munley Law Personal Injury Attorneys’ Philadelphia Medical Malpractice Lawyers Have Won Millions in Settlements
- $5 million settlement won for a medical malpractice case
- $3.2 million settlement won for a medical malpractice case
- $3 million settlement won for woman misdiagnosed with cancer
- $2 million settlement won from a foreign medical device manufacturer
- $1.6 million jury verdict won for medical malpractice case that caused a death
- $1.5 million award for death due to medical negligence
- $1.4 settlement won in ER wrongful death case
- $1.3 million settlement won for hospital infection case
Most Common Types of Medical Malpractice
Medical malpractice lawsuits can come from various procedures, doctor visits, etc. Ultimately, if your medical professional failed to provide proper care, and that resulted in injury or even wrongful death, you could have a medical malpractice case. Common types of medical malpractice include:
Hospital Infections
Infections are a risk that comes with most surgeries and hospital stays. Medical professionals always need to be watching for signs of an infection and begin proper treatment immediately. Bacterial infections, such as E.coli or strep, or viral infections, like influenza, can be severe for a patient in recovery. When an infection becomes advanced, a patient may become septic, requiring aggressive treatment, and possibly lead to wrongful death when not treated fast enough.
Birth Injuries
The birth of a new baby should be a joyous time for the entire family. Birth injuries suffered at a Philadelphia hospital can turn what should be a happy event into a scary and traumatic one. The experienced medical malpractice lawyers at Munley Law Personal Injury Attorneys handle cases involving all types of birth injuries, including cerebral palsy, Erb’s palsy, shoulder dystocia, hypoxia, pre-eclampsia, toxemia, uterine rupture, and respiratory distress. A birth injury in Philadelphia could have occurred as a result of a duty of care failure on the part of the OB-GYN to recognize fetal distress, from the misuse of forceps, vacuums, and other medical devices during delivery, or from a delayed C-section or another mistake. If your baby suffered birth injuries due to a trauma caused by medical negligence, the resulting harm can lead to a lifetime of medical expenses, pain and suffering, and more. The obstetrician and other responsible parties must be held accountable. Contact an experienced, compassionate Philadelphia medical malpractice attorney at Munley Law Personal Injury Attorneys for a free, confidential consultation.
Failure to Diagnose or Misdiagnosis
The sooner you find out you have a serious illness such as cancer, the better your treatment options and chance of survival. Losing vital treatment time due to a doctor’s delayed or missed diagnosis can mean the difference between life and death. Likewise, a wrong diagnosis can subject a patient to unnecessary, painful, and costly treatment. A negligent doctor, lab technician, or health care facility must be held accountable for the misdiagnosis in a severe case of breast cancer, colon cancer, lung cancer, heart disease, stroke, traumatic brain injuries, spinal cord injuries, or any other serious illness. If you or someone you love suffered from a missed, delayed, or incorrect diagnosis that led to injury or wrongful death, contact the personal injury team at Munley Law Personal Injury Attorneys today for a free case evaluation.
Medication Errors
Prescribing the wrong medication, giving the wrong dosage, or prescribing medications with adverse interactions or side effects can result in serious harm. A Philadelphia pharmacist may make a medical error in filling a prescription, or a doctor may make an error in prescribing a medication; even clerical errors can result in dosage mistakes. If a medication error has compromised your health, you must contact a medical malpractice attorney to ensure that medical Philadelphia medical malpractice law is upheld.
Anesthesia Errors
Anesthesia mistakes can have devastating consequences for patients. An anesthesiologist is responsible for evaluating your medical history to determine which anesthesia drugs can be used safely. Anesthesia errors can include the failure to take a proper medical history, improperly inserting a breathing tube, administering too high or too low a dosage of anesthesia, inadequate monitoring of vital signs, and failure to recognize and respond to complications.
Emergency Room Errors
ER doctors and nurses must make critical decisions quickly and carefully when seriously injured patients come to the ER. They need to identify and treat life-threatening conditions rapidly. A failure to recognize a heart attack, stroke, blood clot, brain injury, or another serious condition can lead to a failure to treat and to provide proper medical care.
Lab or Test Errors
When a lab technician or a radiologist misread a test, it can result in a medical misdiagnosis. A misread CT scan can result in a delayed diagnosis of cancer or another potentially deadly condition. The hospital or medical professional responsible for this medical error should be held accountable. Our liability attorneys will provide you with legal advice if necessary.
Philadelphia Nursing Home Negligence
When a loved one is in a nursing home, you expect they will be well cared for. Unfortunately, many of our most vulnerable citizens suffer inadequate care, neglect, and abuse in nursing homes or long-term care facilities. Nursing home abuse or neglect claims can happen due to untreated bedsores, serious falls, malnutrition, dehydration, overmedication, use of restraints that cause injury, unexplained injury, and verbal, emotional, or sexual abuse.
Who Is Responsible for Medical Malpractice?
Although a medical error may not have been intentional, it can still lead to severe injury or wrongful death that may have been prevented with a higher duty of care. Here are some of the medical professionals who might be negligent in a medical malpractice case:
- Hospital
- Doctors
- Nurses
- Pharmacists
- OB/GYN
- Oncologist
- Cardiologist
- Surgeon
- Cosmetic Surgeon
- Anesthesiologist
- Surgery Center
- Nursing Home
Top Pennsylvania Medical Malpractice Attorneys in Philadelphia
Munley Law Personal Injury Attorneys firm represents victims of medical malpractice throughout Pennsylvania. For more than years, our lawyers have been obtaining justice for individuals and families who have suffered devastating losses, pain and suffering, and more through someone else’s negligence. We have won millions of dollars on behalf of our clients. While no amount of money can undo the pain you have experienced, it can help alleviate your medical bills, lost wages, and other costs and bring you some peace of mind.
Medical Malpractice FAQs: Frequently Asked Questions for Patients and Families
How Do I Know If I Have a Claim for Medical Malpractice?
It is not easy to know whether you have a claim for a medical malpractice case. To determine whether you should file a claim, you need to understand the relevant medical standard of care and the various legal principles that apply. When you contact us about your case, our Philadelphia medical malpractice lawyers use their decades of experience in medical malpractice insurance settlement negotiations and courtroom litigation to provide you with an honest and straightforward assessment of your legal rights.
If My Doctor Failed to Obtain My Informed Consent, Does This Constitute a Medical Malpractice Case?
Potentially, yes. In Pennsylvania, the “established customary standard of care” requires practicing physicians to obtain patients’ informed consent under many (but not all) circumstances. Suppose you consented to a medical procedure without properly disclosing the risks involved. In that case, you may have a claim for medical malpractice, and you should speak to any of our Philadelphia malpractice lawyers promptly.
A Defective Medical Device or Implant Hurt Me. Can I Sue for Medical Malpractice?
A defective medical device or implant is not always indicative of medical negligence. Sometimes, medical devices malfunction or are found to be defective through no fault of the doctor who used them. In that situation, you may be able to bring a lawsuit against the manufacturer of the dangerous device instead. On the other hand, if your doctor knew, or should have known, that the implant used in your surgery or the device employed in your care was unsafe, they can share liability for the resulting harm. An experienced medical malpractice lawyer can advise who should be held responsible for the injury or illness you have suffered.
I Suffered Complications After Surgery at a Philadelphia Hospital. Is This Medical Malpractice?
It depends. Complications after surgery are not always a sign of malpractice; most surgeries come with some risk of complications. However, serious complications can also result from your doctor or surgeon’s failure to exercise reasonable care. If you think malpractice may be to blame for your postoperative complications, contact a Philadelphia medical malpractice attorney for a free review of your case.
What Types of Birth Injuries Can Be Indicative of Medical Malpractice?
Numerous types of birth injuries can be indicative of medical malpractice during pregnancy, labor, or delivery. Some of the most common examples include:
- Bacterial meningitis
- Bone fractures
- Brachial Plexus Palsy
- Cephalohematoma
- Cerebral Palsy
- Erb’s Palsy
- Excessive bleeding
- Inadequate oxygen supply (hypoxia)
- Shoulder dystocia
- Viral encephalitis
What is the Statute of Limitations for Medical Malpractice in PA?
In Pennsylvania, there is a two year time limit for people to file a medical malpractice, or other personal injury claim if they have been harmed or injured because of someone else’s negligence. This means that any person who wants to file a claim must do it within two years from the date of the injury. If someone waits too long to file a claim, they might not be able to get compensation or justice for what happened to them.
How Much Does a Lawyer Cost for Medical Malpractice Lawsuits in Philly?
We only take a fee if we are successful in getting you the compensation you deserve. Our payment system is designed to be fair and affordable. This means that we are highly motivated to work hard and get the best possible outcome for you. You don’t have to worry about any upfront costs or financial risks. You can trust us to work tirelessly on your behalf, so you can focus on getting better. Remember, no win – no fee.
Where Can I Find More Information About Filing a Medical Malpractice Claim?
If you or someone you know has suffered due to medical negligence in Pennsylvania, it’s important to know that you have rights. To better understand your rights, you can visit our Medical Malpractice Questions and Answers page. For personalized legal guidance tailored to your specific situation, it’s best to contact a Philadelphia medical malpractice attorney at Munley Law. They are available 24/7 and can schedule a free consultation with you.
Munley Law Personal Injury Lawyers Will Help You Get Compensation for Medical Malpractice Claims
We offer free, confidential consultations with one of our experienced Philly medical malpractice lawyers to help you understand your legal options. During your consultation, our lawyer will listen to your story, answer your questions, and provide you with an honest assessment of your case. We’ll never pressure you to pursue legal action if we don’t believe it’s in your best interest.
To schedule your consultation, you can contact us by phone at (570) 338-4494 or by filling out our online contact form with your information. We’ll get back to you as soon as possible to schedule a time that works best for you.
At our law offices in Philadelphia, we have a team of lawyers who specialize in medical malpractice cases and have a successful track record of helping clients recover compensation for their damages. We’re here to help you navigate the legal process and fight for the justice you deserve. Don’t wait to speak with a medical malpractice lawyer. Contact us today to schedule your free consultation.
Personal Injury Claims We Handle in Philadelphia, PA:
- Philadelphia truck accident lawyer
- Philadelphia car accident attorney
- Philadelphia workers’ compensation attorney
- Philadelphia rideshare accident lawyer
- Philadelphia Uber accident lawyer
- Philadelphia Lyft accident lawyer
- Philadelphia bicycle accident lawyer
- Philadelphia motorcycle accident attorney
- Philadelphia pedestrian accident lawyer
- Philadelphia medical malpractice attorney
- Philadelphia nursing home abuse lawyer
- Philadelphia premises liability attorney
- Philadelphia product liability attorney
- Philadelphia slip and fall lawyer
- Philadelphia wrongful death lawyer
- Philadelphia birth injury lawyer
- Philadelphia brain injury lawyer
- Philadelphia catastrophic injury lawyer
- Philadelphia bus accident lawyer
- Philadelphia construction accident attorney
Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd
Suite 1690,
Philadelphia, PA 19103
(215) 515-7747