medical malpractice lawyer

A single medical error can have life-changing consequences, which is why we hold licensed healthcare providers to such high standards. We trust that our doctors, nurses, and other healthcare providers will apply their considerable knowledge and skills to heal us when we are sick or hurt. However, even veteran healthcare professionals make mistakes from time to time, which means innocent people suffer unnecessary injuries and illnesses every day due to preventable medical errors.

If you or someone you love developed a preventable injury or illness due to the actions of a healthcare provider, you deserve to understand what happened to you and seek justice for the harm you suffered. The medical malpractice lawyers in Philadelphia at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. can help you demand fair compensation and hold negligent providers accountable. Contact us today for a free consultation.

What Qualifies for a Medical Malpractice Lawsuit?

Mistakes arise in every profession, so a medical error is not necessarily evidence of malpractice. Medical malpractice occurs when a healthcare provider fails to meet the appropriate “standard of care,” which refers to the level of care a reasonably competent professional with similar training and experience would provide under the same circumstances.

Your case may qualify for a medical malpractice lawsuit if you can demonstrate the following:

  • The provider had a professional obligation to provide competent medical care, typically because of a formal doctor-patient relationship.
  • The provider failed to meet the appropriate medical standards of care.
  • The provider’s negligence contributed to your preventable injury and suffering.
  • You incurred losses as a result, such as additional medical expenses, reduced income, or lost quality of life.

What Are Common Examples of Medical Malpractice?

Medical malpractice takes many forms. Some of the most common examples include:

  • Failure to diagnose
  • Misdiagnosis
  • Delayed diagnosis
  • Failure to treat
  • Negligent discharge
  • Unnecessary surgeries
  • Wrong-patient surgeries
  • Surgical errors
  • Inadequate post-operative care
  • Birth injuries
  • Improper drug prescriptions
  • Improper dosage prescriptions
  • Improper drug administration
  • Anesthesia-related malpractice

Wrongful Death Cases Based on Medical Malpractice

In the worst situations, medical errors lead to the wrongful death of a loved one. If a healthcare provider’s medical malpractice caused the death of a patient, the patient’s spouse, children, and parents can seek justice and compensation through a wrongful death claim.

You must prove the following legal elements to show wrongful death from medical malpractice:

  • Your loved one died
  • A healthcare provider had a duty to provide adequate medical care to your loved one
  • The healthcare provider deviated from the standard of care
  • The healthcare provider’s deviation caused your loved one’s death
  • You have standing to sue because you are the patient’s spouse, child, or parent
  • You suffered monetary damages because of your loved one’s death

Before you can pursue a wrongful death claim, you may have to wait for the probate court to appoint a personal representative. This individual will be responsible for identifying beneficiaries and initiating a claim for their benefit.

Compensation for Medical Malpractice

If you suffered avoidable harm due to medical malpractice in Philadelphia, you might be entitled to monetary compensation. With a successful medical malpractice claim, you could recover money for:

  • Additional hospital bills and medical expenses you incurred due to malpractice
  • Incidental costs, such as the costs of in-home care and travel to appointments
  • The value of any reductions in household income from missed time at work
  • The projected value of lost earning potential, if you suffer permanent injuries
  • Malpractice-related pain, suffering, and lost quality of life

The surviving family members who lost a loved one due to medical malpractice can pursue compensation for:

  • Reasonable hospital, nursing, and medical bills
  • Funeral expenses
  • Administration expenses

Unlike some other states, Pennsylvania does not place a cap on compensatory damages against private healthcare providers.

Winning Your Medical Malpractice Case

You will likely need to present the following types of evidence to win a Philadelphia medical malpractice case:

  • Medical records – Your medical records contain critical details about your medical history, which can help you demonstrate the health outcome you might have experienced if not for the malpractice.
  • Expert testimony – Medical malpractice is the deviation from standard medical practice resulting in harm to the patient. Expert medical witnesses can explain how the medical care you received deviated from this standard and what losses you suffered as a result.
  • Medical bills – You can estimate your financial losses and construct a timeline of the care you received with bills and other statements.
  • Financial records – If you missed time at work due to your malpractice injuries, your tax records and pay stubs can show your reduced income.

What is the Statute of Limitations for Medical Malpractice Claims in Pennsylvania?

You generally have two years from the date when you suffered malpractice-related injuries to sue a provider, though some exceptions exist. Pennsylvania courts might agree to extend the standard time limit if you had no way of knowing that malpractice contributed to your injuries. Similarly, the proverbial clock won’t begin ticking for minors until they reach age 18.

An experienced personal injury attorney in Philadelphia can identify critical deadlines for your medical malpractice case and help you pursue your claim promptly.

Why Choose Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C.?

At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., our Philadelphia attorneys are dedicated to serving patients harmed by their healthcare providers. Our award-winning team has decades of combined legal experience. We know how to investigate a case thoroughly and from every angle so that we pursue the full amount of compensation possible. We prepare every case we take for trial in case the at-fault party or their insurer won’t make a fair settlement offer. With over $1.6 billion in compensation obtained for our clients, our adversaries know we are formidable opponents, a trait that helps us in and out of the courtroom.