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At Lowenthal & Abrams, Injury Attorneys, our personal injury attorneys have fought for our victims for over 40 years, helping them get the compensation that they deserve. We take pride in showing up for all of our clients in big and small ways.
Our team is led by top award-winning attorney Dennis Abrams. He has successfully settled many medical malpractice cases and claims and won substantial verdicts for his clients. Dennis is recognized as one of the best medical malpractice attorneys in the area. If you suffered harm as a result of doctor negligence, call as soon as possible to speak with a Philadelphia medical malpractice lawyer about your legal rights and options.
What Is Medical Malpractice Tort Reform?
Medical malpractice tort reform is a body of legislation designed to improve the medical malpractice system. Recent reports indicate that medical malpractice costs continue to rise. The system has not improved patient safety or provided for equitable compensation of injured patients. Tort reform combats these issues. Furthermore, it includes strategies to limit medical malpractice costs and damages and deters medical errors while ensuring fair compensation for patients.
Check out more of our medical malpractice videos on our YouTube channel.
Our Law Firm Includes Medical Professionals
Our medical negligence team includes an attorney who is a doctor and another who is a nurse. This means that we can review your records in-house and quickly determine if you have a case. Our Philadelphia attorneys cross-examine the medical professional who may have hurt you for more information about the incident of medical malpractice. In doing this, we keep our clients up to date on everything that is going on so you do not have to worry. Our entire medical team will be in your corner every step of the way to try and ensure you are getting everything that you need.
Results We’ve Obtained for Injured Patients
Over the past four decades, our attorneys have recovered millions for victims of medical negligence. Here are some of our notable medical malpractice case results:
| $15 Million Surgery-Sepsis | $11 Million Birth Injury Case – Baby Seriously Injured | $4.8 Million Medical Malpractice – Wrongful Death Case |
| $3.75 Million Medical Negligence – Negligent Administration of Heparin | $2.4 Million Medical Malpractice – Improper Blood Screening | $2.4 Million Surgical Error – Damaged Sympathetic Nervous System |
| $1 Million Failure to Diagnose – Breast Cancer | $1.6 Million Pediatric Failure to Diagnose – Diabetes | $1.5 Million Failure to Diagnose – Breast Cancer |
| $1.4 Million Birth Injury to Mother – Wrong Medication | $1.2 Million Failure to Diagnose – Deep Vein Thrombosis (DVT) | $1.2 Million Failure to Diagnose – Esophageal Cancer |
What Is Medical Malpractice?
Medical malpractice is a complex area of the law that requires your Philadelphia lawyer to prove that the doctor, medical professional, and/or hospital:
- Violated the medical standard of care
- Directly caused your serious damages
Medical malpractice is when a doctor or physician omits something in the patient’s treatment or acts in a way that changes the outcome of the practice and leaves patients injured or hurt by the doctor. It’s not just the doctor who can commit medical malpractice; most medical professionals can, even nurses. These cases and claims are challenging and require top-notch attorneys who have substantial litigation experience. Our Philadelphia malpractice attorneys have that experience and will get to the truth on your behalf.
How to Know You Have a Viable Medical Malpractice Case
You may have a medical malpractice case if these specific circumstances occurred.
1. The doctor did not do his/her duty of care.
A duty of care means that the doctor, nurse, or hospital has an obligation to you. Doctors and hospitals who treat Patients owe a duty of care.
2. Your standard of care was violated.
The standard of care is the level at which a doctor, nurse, or other medical expert is supposed to treat you. For example, when patients show symptoms of a heart attack, hospitals have procedures they’re supposed to follow. If the hospital does not follow the procedures, it did not follow the standard of care. Proving this factor requires a medical expert.
3. An injury occurred.
You must have suffered actual physical injuries. If the doctor violated the standard of care, but you did not suffer an injury, you do not have a claim. Keep in mind, the injury needs to be relatively serious to support your case.
4. The violation hurt you.
If your doctor makes a mistake, your injury has to be directly related to the violation standard of care. If a doctor failed to order an X-ray when the standard calls for one, but you were not made worse because of this. The lack of an X-ray is irrelevant to your case. But if your doctor sent you home in the middle of a heart attack because he failed to order the right tests, and your heart attack was worse because of this. Then, the violation of the standard of care can be directly related to your injury and you could hold the doctor liable.
An attorney in Philadelphia could review your situation to determine if you have a viable medical malpractice case.
What Is The Difference Between Medical Malpractice and Negligence?
These two come up a lot and may seem like they are the same; however, there is a very clear difference. When it comes to medical malpractice, the medical professional is knowingly not giving the patient the level of standard of care they deserve and need. It is a purposeful thing that the medical professional is doing at the time. Medical negligence is different in the sense that it is a mistake that the doctor or medical professional has made and caused injury to the patient.
Examples of Injury Cases Caused by Doctor or Hospital Errors
Some examples of medical malpractice are misdiagnoses, unnecessary surgery, mistakes made in surgical technique, or dispensing of pharmaceutical drugs. The best way to determine if you have a medical malpractice case is to contact our lawyers in Philadelphia for an honest assessment. Malpractice covers many types of injuries. We handle all kinds of medical negligence resulting from a doctor, nurse, and hospital actions, including:
Failed, delayed, and misdiagnoses deal with a doctor missing something in the patient or not seeing the right thing. Each year, over one million people are misdiagnosed by a doctor. Failed and delayed diagnoses can be fatal to a patient. Diagnoses found early give patients a better chance of defeating whatever is plaguing them.
Additionally, with babies being so delicate, it takes extra care when it comes to delivering them into the world. Sadly, this is not always the case, and injuries occur to the babies during birth. Whether it be the rough handling of the child, improper medication, or the risk of Pitocin. Some medical malpractice birth injuries can happen before the baby is even born. This is due to a failure of monitoring the baby and the mother correctly. If any of these unfortunate accidents happen to you or a loved one, our Philadelphia medical malpractice attorneys will help you in your pursuit of justice and settlements due to your pain.
What Sets Our Philadelphia Medical Malpractice Lawyers Apart?
Lowenthal & Abrams has handled medical negligence cases for more than 40 years. Our firm includes attorneys with medical backgrounds, which allows us to review records with added insight and attention to detail.
Here is what clients often look for in Philadelphia medical malpractice lawyers:
- Experience With Complex Cases: Malpractice claims require detailed record review, expert coordination, and courtroom preparation.
- Trial Readiness: Insurance companies are more likely to negotiate fairly when they know a firm is prepared to go to court.
- Clear Communication: Medical cases can be overwhelming. Clients deserve updates and honest answers.
- No Upfront Fees: We work on a contingency basis. That means you do not pay unless there is a recovery.
Our goal is to provide careful, serious representation to those harmed by medical negligence.
Can I Afford a Medical Malpractice Attorney or Lawyer?
The idea of suing for medical malpractice can seem scary and could seem like it could cost a lot of money. However, law firms like Lowenthal & Abrams, Injury Attorneys, take your case until you get paid. We work off of the success of the case means that if you do not get compensated for your case, you do not owe us any fees. You do not need any cash upfront to retain our services, so we are able to show you we really have your best interest in mind.
How Long Do You Have to File a Medical Malpractice Suit?
One thing you need to know is that you have a limited time period in which to sue if your doctor has made a mistake. This period is the statute of limitations. In Pennsylvania and New Jersey, that is a two years. In New York, the time period is two and a half years. There are exceptions for children and also for people who did not discover the malpractice right away. The discovery rule, as it is called, can be an uphill battle, so it is best that you contact us as early as possible. Also, the more time you give your Philadelphia attorney to make your medical malpractice case or claim, the better. If you do not file suit in time, you are certainly barred from suing.
Why Medical Malpractice Cases Are More Complex Than Most Injury Claims?
Medical malpractice cases are different from car accident or slip and fall claims. They are more technical and often more difficult to prove. A simple mistake is not enough. The law requires clear proof that the care fell below accepted medical standards and caused real harm.
In Pennsylvania, these cases also require a Certificate of Merit. This means a qualified medical professional must review the case and confirm there is a reasonable basis to claim negligence. This requirement alone makes malpractice cases more complex than most personal injury cases.
Hospitals and medical providers are also backed by strong insurance companies and legal teams.
These cases often involve:
- Thousands of pages of medical records
- Detailed timelines of symptoms and treatment
- Medical review by specialists
- Strict filing deadlines
Because of this, many people turn to medical malpractice lawyers in Philadelphia, PA, who understand how to handle these technical requirements.
The Role of Medical Review in a Malpractice Case
Medical review is one of the most important parts of a malpractice case. Courts do not assume a doctor made a mistake just because a patient was hurt. Instead, the case must show how the care did not meet accepted standards.
This usually involves:
- Reviewing full medical records
- Comparing what was done to what should have been done
- Examining test results and imaging
- Identifying missed warning signs
A Philadelphia medical malpractice lawyer works with medical professionals to analyze the care provided. This helps explain what went wrong and whether earlier action would have changed the outcome.
Without this type of review, it is very difficult to move a malpractice case forward.
How Hospitals and Insurance Companies Defend Malpractice Cases?
Medical providers rarely admit fault quickly. Hospitals and insurers often defend these cases aggressively.
Common defense strategies include:
- Calling It a Known Risk: They may argue that the outcome was a complication, not negligence.
- Blaming Preexisting Conditions: Defense teams sometimes claim the patient’s prior health issues caused the harm.
- Arguing the Outcome Would Not Have Changed: In delayed diagnosis cases, they may argue that an earlier diagnosis would not have made a difference.
- Offering Early Settlements: Sometimes, insurance companies offer quick settlements before the full extent of the harm is understood.
An experienced Philadelphia medical malpractice attorney understands these tactics and prepares accordingly.
Medical Malpractice Statistics Show Why These Cases Matter
Medical malpractice and diagnostic errors are more common than many people realize, and the numbers show why accountability matters.
According to national research:
- A 2023 landmark study by Johns Hopkins found that diagnostic errors result in approximately 371,000 deaths and 424,000 permanent disabilities in the United States annually.
- Diagnostic errors result in serious harm, including permanent disability or death, for hundreds of thousands of Americans annually.
- Around 1.2 million people suffer injuries each year because of medical mistakes.
These numbers show why accountability matters. When medical errors happen, the impact can be life-changing.
Why Do Medical Mistakes Happen?
Most doctors and nurses work hard to care for patients. But medicine is complex, and errors can happen. Understanding why mistakes occur helps explain how medical malpractice cases develop.
Here are common reasons medical mistakes happen:
Communication Breakdowns
Hospitals are busy places. Doctors, nurses, specialists, and technicians all share information. When communication fails, important details can be missed. Test results may not be reviewed, or symptoms may not be fully passed along.
Rushed Decisions
Emergency rooms and surgical units often move quickly. When providers are under pressure, decisions may be made too fast. Important steps, like ordering a test or reviewing a chart, can be skipped.
Failure to Follow Established Procedures
Hospitals have protocols for handling certain symptoms, such as chest pain or signs of stroke. When those procedures are not followed, serious conditions may go undetected.
Incomplete Medical Histories
A provider may not have all the information about a patient’s past conditions, medications, or allergies. Missing information can lead to wrong diagnoses or improper treatment.
Misinterpretation of Test Results
Lab work and imaging require careful review. If results are read incorrectly or abnormal findings are ignored, a diagnosis may be missed.
Staffing and System Issues
Understaffing, long shifts, and administrative errors can increase the risk of mistakes. Hospitals are responsible not only for individual providers but also for maintaining safe systems.
Medical errors do not always mean malpractice. But when a mistake could have been prevented and leads to harm, legal accountability may follow.
What Steps Should You Take If You Suspect Medical Malpractice?
If you believe a doctor, nurse, or hospital may have caused you harm, taking calm and organized steps can protect your health and your rights.
1. Get Medical Care First
Your health comes first. If symptoms continue or worsen, seek treatment right away. A second opinion can help clarify your diagnosis and treatment plan.
2. Request Your Medical Records
Ask for complete copies of your records, including:
- Doctor and nursing notes
- Test results and imaging
- Medication records
- Discharge instructions
These records show what care was provided and when.
3. Write Down a Timeline
Create a simple timeline of events:
- When did symptoms start?
- When did you seek care?
- What were you told?
- What treatment did you receive?
- When did complications appear?
Details matter in medical cases.
4. Preserve Evidence
Keep copies of bills, appointment summaries, prescriptions, and any communication with the hospital. Documentation helps show the impact of the harm.
5. Avoid Signing Documents Without Review
Hospitals or insurers may request statements or releases. Do not sign anything you do not fully understand.
6. Understand Filing Deadlines
Pennsylvania has strict time limits for filing medical malpractice claims. Acting early helps protect your legal options.
7. Speak With a Philadelphia Medical Malpractice Lawyer
If you believe negligence caused serious harm, speaking with a Philadelphia medical malpractice attorney can help you understand whether you have a case. They can review your records, explain how the law applies, and outline possible next steps.
How to Find the Best Philadelphia Medical Malpractice Lawyer
The best medical malpractice lawyer is someone who listens closely to your concerns, conducts a thorough investigation of your medical records to pinpoint any wrongdoing, and pursues accountability from the negligent medical professional with determination and skill.
Though you can submit a lawsuit for your own medical malpractice case it may not be the best I idea if you do not know the law. Lowenthal & Abrams, Injury Attorneys, can help you if you believe that you or a loved one have been a victim of medical malpractice or negligence.
Contact a Philadelphia Medical Malpractice Attorney
Please contact the attorneys at Lowenthal & Abrams, Injury Attorneys. We handle major claims, and we have won substantial verdicts and settlements for our clients. We provide aggressive representation to each and every client. Our attorneys and lawyers are never afraid to go to court when the insurance company won’t offer the compensation you deserve.
When you contact us, we will discuss your medical case with you and our qualified Philadelphia medical malpractice lawyer. We offer free consultations and will not ask for payment until we obtain compensation for you. En español
Frequently Asked Questions (FAQs)
1. How long does a typical medical malpractice case take to resolve?
Medical malpractice cases take time because they require careful medical review and strong evidence. Most cases take 18 months to a few years, depending on how serious the injuries are and whether the case goes to trial. Your lawyer will keep you updated so you always know what’s happening.
2. Do I need my medical records before contacting a medical malpractice lawyer?
No. You don’t need to gather records before calling a lawyer. Once you sign the needed forms, your attorney can request the records for you. The most important step is reaching out early so we can start investigating right away.
3. What types of medical professionals are used in malpractice cases?
These cases often require expert input from medical professionals in the same field as the doctor who made the mistake. This can include surgeons, ER doctors, nurses, anesthesiologists, radiologists or other specialists. They help explain what should have happened and where things went wrong.
4. Can I sue a hospital directly for medical malpractice?
Yes. A hospital can be held responsible if its employees were negligent. Hospitals can also be liable for unsafe policies, poor supervision or staffing problems. Your lawyer will help identify who should be included in the claim.
5. What should I do if I think my doctor is hiding a mistake?
Don’t confront the doctor or hospital yourself. Call a medical malpractice attorney immediately. Doctors must keep accurate records, and your lawyer can get those records, review them and work with experts to see whether anything looks wrong or incomplete.
6. Can I file a medical malpractice claim on behalf of a deceased family member?
Yes. If a loved one passed away because of medical negligence, you may be able to file a wrongful death or survival action. These claims can help cover funeral costs, medical bills, lost income and the losses suffered by close family members. A lawyer can explain who is allowed to file.
7. What compensation can I recover in a medical malpractice lawsuit?
You may be able to recover money for medical bills, future care, lost wages, reduced ability to work, pain and suffering and emotional distress. If the case involves a death, wrongful-death damages may also apply. Your attorney will review all your losses to pursue the full amount available.
8. Is there a cap on medical malpractice damages in Pennsylvania?
Pennsylvania does not limit compensation for medical bills or pain and suffering in malpractice cases. Some limits apply to punitive damages or claims against certain government-related providers. Your lawyer can explain how these rules affect your case.
9. What happens if multiple doctors or providers contributed to the malpractice?
If more than one provider played a role, you can bring a claim against each one. This may include doctors, nurses, specialists, hospitals or medical groups. Each party’s actions will be reviewed, and responsibility will be shared based on their involvement. This can strengthen your chance of full recovery.
10. Can I still file a medical malpractice claim if I signed a consent form before treatment?
Yes. A consent form explains risks, but it does not excuse negligence. If your injury happened because of an avoidable mistake, not a known and acceptable risk, you may still have a valid claim.
