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Free ConsultationIt is always hard to know what to do after getting hurt through someone else’s misconduct, regardless of how your injuries happened or what specific type of misconduct led to them. However, determining the initial steps to take in a Philadelphia medical malpractice case can be uniquely challenging, largely because these cases tend to be uncommonly complex in both legal and scientific terms.
The first step to achieving a positive outcome from a settlement demand or lawsuit against a negligent healthcare provider is virtually always to get help from a seasoned medical malpractice lawyer. In addition, though, here are some other things to keep in mind as you think about building and filing a malpractice lawsuit, all of which the team at Lowenthal & Abrams can help you accomplish as quickly and comprehensively as possible.
Get Medical Care for the Effects of Malpractice
While it is certainly understandable to be leery about going to the doctor again after being seriously harmed by the last one who treated you, getting proper care for your injury or illness is vital both to protecting yourself physically and strengthening your grounds for legal action. By getting formal documentation of the harm you have sustained and seeking appropriate treatment for it, you will be able to more easily prove in court that you suffered specific losses as a result of your previous doctor’s misconduct.
Identify Damages from Your Injury or Illness
Along similar lines, another important early step in the Philadelphia medical malpractice case process is naming and assigning a fair financial value to every “compensable loss” that can be traced back to your injury or illness. In the process, you should also be making every effort to find and preserve evidence illustrating the nature and severity of those losses, such as medical bills, pay stubs to establish lost work income, and contemporaneous notes about your own experiences.
Establish Who Played a Role in Harming You
Of course, an individual doctor whose medical error leads to you suffering avoidable harm can be named as a defendant in an ensuing malpractice lawsuit. However, it is also worth considering during the pre-litigation process whether other parties may hold partial fault or otherwise be legally liable for your injury or illness, such as other members of a medical team or a negligent doctor’s employer.
Be Aware of Filing Time Limits
One last thing to consider when taking initial steps towards filing a medical malpractice claim in Philadelphia is the deadline set by Pennsylvania state law for lawsuits of this nature. Under 42 Pennsylvania Consolidated Statutes §5524, you generally have no more than two years to sue after initially discovering you were harmed through malpractice, or else you will almost certainly be “time-barred” from receiving compensation.
Our Philadelphia Attorneys Can Guide You Through the Initial Steps in a Medical Malpractice Case
The days and weeks after an act of medical misconduct can be intensely stressful, and adding a possible civil lawsuit to your plate can make things feel even more overwhelming. You should know, however, that you have assistance available from knowledgeable legal representatives who know how to achieve favorable outcomes in cases like yours.
Lowenthal & Abrams’ legal team can help you understand the initial steps to take in a Philadelphia medical malpractice case and guide you through the entire litigation process after that. Call today to learn more.
