medical malpracticemedical malpractice

When you trust your doctor with your life or the life of a loved one, it is heartbreaking to know that they may have been injured because of negligence. That’s why when you need help after being injured at the hands of a doctor or other healthcare provider, the lawyers at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck are here for you.

When health care professionals cause injury to members of our Philadelphia Pennsylvania community, our medical malpractice attorneys fight for justice.

When a local city worker underwent surgery to remove a tumor on his esophagus and his care team failed to notice obvious signs of infection, resulting in our client becoming paralyzed, our team fought to recover $4.5 million on his behalf. And when a delay in performing an MRI led to our client suffering a spinal cord injury that left her wheelchair-bound, our medical negligence lawyers secured a $14 million recovery.

These are only some of the top results our firm has obtained on behalf of clients who negligent healthcare providers have harmed. We will fight hard to help you pursue the compensation you deserve if a negligent healthcare provider has harmed you or a loved one.

What are Common Examples of Medical Malpractice?

There are many forms of medical malpractice. Some of the most common include:

What Qualifies for a Medical Malpractice Lawsuit?

Not all medical mistakes are grounds for a malpractice lawsuit. You may be able to prove that your doctor made an error in your treatment, but this alone is not enough for a case. To file a lawsuit for medical malpractice, you must prove that your case meets the criteria for at least one of the following types of cases:

Medical Negligence

To prevail on this type of malpractice claim, the patient must establish at least three elements:

  • The existence of a patient-physician relationship
  • The violation of the “standard of care”
  • Injury to the patient
  • The failure to meet the standard of care was a substantial factor in causing the patient’s injury

Proof of the standard of care, i.e., proof of what a reasonable doctor would or would not have done under given circumstances, in most instances must be established by the “expert testimony” of another physician.

Lack of Informed Consent

The issue of “informed consent” usually arises apart from, or parallel with, medical negligence. The doctor has a duty to make a reasonable disclosure of available choices on a proposed treatment option and the potential dangers of each choice. Failing to provide such disclosure creates a basis for a claim of lack of informed consent. The basis of this type of claim is that the patient would not have consented to treatment if they knew the risks.

Vicarious liability

Physicians may be held liable for the negligent acts of their employees, even though the doctor is innocent of wrongful conduct. The law holds employers responsible for negligent acts committed by individuals who are actually acting or appearing to act on their behalf. Such liability can be imposed when the agent’s or employee’s negligent conduct occurs while acting within the scope of the agency or employment. For example, a doctor may be held liable for the negligence of a nurse committed while acting as the doctor’s employee or under his instruction.

Injury to third parties

Generally, a doctor’s duty does not extend beyond the patient to a third party, who is not a patient. However, under certain limited circumstances, a duty to nonpatients can arise. For example, a person could suffer emotional distress as a witness to a doctor’s negligent conduct, i.e., a mother could suffer emotional distress witnessing the medical abandonment of her child.

Abandonment

Once the doctor or other health care practitioner undertakes the responsibility of treating a patient, the physician has a duty to continue that treatment as long as immediately necessary, unless they agree to terminate the relationship, or the patient dismisses the physician. For the physician to withdraw from a patient’s care, the physician must give the patient due notice and ample opportunity to secure other medical attendance

Compensation and Benefits

Pennsylvania medical malpractice cases allow victims to recover compensation for the damages they suffered, which may include:

Current and future medical expenses

You may need additional medical treatment to correct the negligent healthcare provider’s mistakes. This may include the cost of surgeries, hospitalizations, physical therapy, occupational therapy, and other medical expenses. This can also include medical expenses you anticipate incurring in the future. A medical malpractice lawyer can demand payment for appropriate treatment.

Lost wages

You may also be able to recover compensation for the lost wages and employment benefits you lost while you were recovering from your injuries. If the negligent healthcare provider’s actions have caused you to suffer permanent disability and you cannot return to your regular job, you may also be able to recover compensation for a reduced earning capacity.

Pain and suffering

You may be grappling with devastating pain and suffering and reduced quality of life due to the negligent healthcare provider’s mistakes. Although it is difficult to put a price tag on these damages, you may still be able to recover compensation for them.

Loss of consortium

If you are married, our medical negligence attorneys can seek loss of consortium damages on behalf of your spouse for the loss of your love, support, comfort, and companionship stemming from the medical malpractice.

Our Track Record of Success

Few firms in Philadelphia have the long history of success with medical malpractice cases as Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck. Medical malpractice cases are some of the most complex and most difficult cases to win. However, over the years, our elite team of top litigators has secured life-changing verdicts and financial recovery for our deserving clients. Some of our medical malpractice case results include:

$15 MILLION AWARDED BY PHILADELPHIA JURY TO CHILD WHO SUFFERED KIDNEY DAMAGE

After his urologist ordered his antibiotic treatment to stop, an 8-year-old boy suffered an infection that led to permanent kidney damage. We were able to obtain $15 million on behalf of our client in the face of a vigorous defense.

$14 MILLION IN WRONGFUL DEATH CLAIM AGAINST HOSPITAL 

Our clients sadly lost their loved one after she was admitted to a hospital and their providers failed to properly monitor her vital signs. While no amount of compensation could ever make the family whole, we achieved a $14 million recovery for them to help ease some of the financial burden.

$14 MILLION FOR SPINAL CORD INJURY

After our client suffered a permanent spinal cord injury while under a hospital’s care, we were able to achieve a $14 million recovery for her that will afford her the opportunity for a lifetime of care.

$11.2VERDICT FOR FAILURE TO DIAGNOSE BRAIN TUMOR

A simple CT scan would have revealed our client’s brain tumor, but his healthcare team failed to order one, resulting in our client suffering brain damage, paralysis, and blindness. The $11.2 million verdict our team obtained will help pay for our client’s round-the-clock care.

$8.9 MILLION FOR BIRTH INJURY

Obstetricians at a local hospital failed to recognize and appreciate a pattern of a baby’s non-reassuring fetal heart rate tracings that warned of fetal distress. Their failure led to the baby suffering from permanent neurological injuries due to the lack of oxygen. The $8.9 million financial recovery allowed our client to pay for the lifelong medical care her child will need.

$6.3 MILLION FOR CHILD SPINAL CORD INJURY

After taking action contrary to the established protocol, medical providers at the Pediatric Intensive Care Unit caused a 7-year-old girl to suffer a permanent spinal cord injury. She cannot use her legs, has lost bladder and bowel control, and is expected to face a lifetime of health complications. The $6.3 million our team achieved on her behalf will go a long way toward paying for her medical expenses. 

$5 MILLION FOR FAILURE TO DIAGNOSE

A 10-week old boy was taken to a local emergency room after experiencing respiratory problems. The physicians failed to diagnose meningitis, leading to an early discharge. He suffered seizures, which caused severe, permanent brain damage. The $5 million Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck recovered on his behalf was placed in a trust for his future care.

$4.5 MILLION FOR BIRTH INJURY

Labor and delivery nurses failed to recognize and respond quickly to fetal heart rate abnormalities, which led to the mother experiencing uterus rupture and permanent neurological injuries for the child. Our team fought ferociously to recover $4.5 million on their behalf. 

$4 MILLION FOR FAILURE TO DIAGNOSE AND TREAT

A 55-year-old underwent surgery. While receiving that treatment, he developed an infection, which providers failed to notice until several days later, leading to permanent paralysis for our client. We fought vigorously to secure $4 million on behalf of our client.

OTHER RESULTS

These are just a few of the cases we have successfully handled at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck. We have secured millions more for clients who have suffered injury or death due to:

  • Failure to diagnose
  • Misdiagnosis
  • Delayed diagnosis 
  • Prescription errors
  • Failure to supervise
  • Failure to monitor vital signs
  • Emergency room medical malpractice

Winning Your Medical Malpractice Case

Proving a case for medical malpractice requires more than finding that a medical error was made. A bad result alone does not support a finding of malpractice. The main factors you need to prove to win your medical malpractice case are: 

  • The existence of a doctor-patient relationship (or hospital, urgent care, or clinic)
  • That the medical care or treatment provided was below the acceptable standard of care.
  • That the alleged negligence caused injury, harm, or death to the patient
  • The patient suffered quantifiable harm because of medical malpractice, which would include pain and suffering, loss of income, medical expenses, or other economic harm.

It is necessary to prove all these factors to win your medical malpractice case. If a doctor made a mistake but it did not result in harm to the patient, then a case cannot be filed under the law. Or, if a patient suffered harm during a medical procedure but it was not caused by a medical error, then a medical malpractice case cannot be filed. Hospitals and doctors defend every facet of a case to defeat your claim, so it is essential that there is a legal and medical basis to prove every element.

Your choice of an attorney is one of the most important decisions you have in this process. After a medical professional injured you or a loved one, you want to ensure that the legal professional you hire will advocate for you and fight for the justice you deserve. We know that you have your choice of medical malpractice attorney, but we encourage you to consider hiring us because we:

  • Are equipped to handle the most complex of cases – Medical malpractice cases are a specialized type of personal injury case. Our firm has the mindset, specialized skills, and substantial resources necessary to handle these complex cases.
  • Consider the full impact of the medical mistake on your life – We look at the full picture to determine the real impact medical malpractice has had on your life. This approach allows us to recognize the full and fair compensation to demand in your case.
  • Prepare to win from the start – We prepare every case from the outset as though it were going to trial. We have found this allows us to achieve top results in trial, as well as giving us significant bargaining power when entering into settlement negotiations with negligent healthcare providers and their insurers.
  • Offer world-class legal representation – Our medical malpractice team is comprised of trial lawyers with decades of experience litigating medical malpractice cases. Our top litigators have been recognized nationally for their vigorous client advocacy and outstanding results. We are listed in the U.S. News Best Law Firms, The National Trial Lawyers Top 100, and the Philadelphia and Pennsylvania Super Lawyers. Our firm’s attorneys have received an AV-Preeminent rating by Martindale-Hubbell, an honor bestowed upon lawyers ranked with the highest level of professional excellence for their legal expertise, communication skills, and ethical standards.
  • Have a track record of success – Our approach has led to a proven track record of outstanding results for our deserving clients. Our medical malpractice case results include multimillion-dollar wins for our clients.
  • Dedicate our own resources – In addition to not paying us any attorney fees until we have recovered compensation on your behalf, we also dedicate our resources to cover other costs of litigating your case. We want you to focus on your health, not on any financial concerns.
  • Have a network of experts at our disposal – Because we have years of experience handling medical malpractice claims, we have an elite network of medical, economic, and life care planning experts we can turn to in order to support your case further.

How Do You Prove Medical Malpractice?

Proving a case for medical malpractice requires more than finding that a medical error was made. A bad result alone does not support a finding of malpractice. The main factors you need to prove in a medical malpractice case are:

  • The existence of a doctor-patient relationship (or hospital, urgent care, or clinic)
  • That the medical care or treatment provided was below the acceptable standard of care.
  • That the alleged negligence caused injury, harm, or death to the patient
  • The patient suffered quantifiable harm because of medical malpractice, which would include pain and suffering, loss of income, medical expenses, or other economic harm.

It is necessary to prove all these factors to win your case. If a doctor made a mistake but it did not result in harm to the patient, then a case cannot be filed under the law. Or, if a patient suffered harm during a medical procedure but it was not caused by a medical error, then a medical malpractice case cannot be filed. Hospitals and doctors defend every factor of a case to defeat your claim, so it is essential that there is a legal and medical basis to prove every element.

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

Generally, a medical malpractice lawsuit must be filed within two years of the injury. However, there are exceptions, such as if the injury occurred to a minor.

It is often the case in medical malpractice claims that the patient is unaware of the mistake until they suffer a new medical crisis or continue experiencing symptoms after their original medical procedure. In these cases, the lawsuit may be filed within two years after the discovery of the malpractice. However, in any event, the suit must still be brought within seven years of the negligent act.