At Lowenthal & Abrams, Injury Attorneys, our Philadelphia medical malpractice lawyers 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, speak with our injury attorneys.
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, while 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, deters medical errors, and while ensuring fair compensation for patients.
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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 of 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.
What is Medical Malpractice?
Medical malpractice is a complex area of the law which 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 act 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 mostly all 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.
- The doctor did not do his duty of care.
A duty of care means that the doctor, nurse, hospital, has an obligation to you. Doctors and hospitals who treat Patients owe a duty of care.
- Your standard of care became violated.
The standard of care is the level at which a doctor, nurse, or other medical expert is supposed to treat you. For example, patients showing symptoms of a heart attack, hospitals have procedures it’s 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.
- 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.
- 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.
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 of 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 deals with a doctor missing something in the patient or not seeing the right thing. Each year over one million people will be 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 lawyers will help you in your pursuit of justice and settlements due to your pain.
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 that means 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 year period. 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.
Contact a Philadelphia Medical Malpractice Attorney
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.
Please contact the attorneys at Lowenthal & Abrams, Injury Attorneys we handle major claims that 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.