medical malpractice

We trust our healthcare providers with our lives and the wellbeing of our loved ones, but that trust ends in tragedy for thousands of patients every year who are killed or injured at the hands of negligent care providers. If you or a loved one was injured due to the careless conduct of a doctor or other healthcare provider, the dedicated medical malpractice lawyers at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. are here to defend your rights.

When hospitals, doctors, and other healthcare providers have caused catastrophic injuries to members of our community, our medical malpractice attorneys in Philadelphia PA have fought for justice. When a 55-year-old 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 have been irreparably harmed by the carelessness of doctors and other negligent healthcare providers. We will fight just as hard to help you pursue the compensation you deserve if a negligent healthcare provider has harmed you or a loved one.

Contact us today to explore your legal options during a free consultation with a knowledgeable medical negligence lawyer.

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 these four things:

  1. Doctor-patient relationship. You must show that you went to the doctor or medical institution as a patient for treatment. This is typically easy to prove.
  2. Negligence. Doctors and other healthcare professionals have an obligation to provide a reasonable standard of medical care. So, to have a medical malpractice case, you must show that your doctor did not provide the same level of care that another, capable doctor would have. Misdiagnosis, medication errors, and unnecessary or botched procedures can all add up to negligence.
  3. Causation. Even if a doctor is negligent, medical malpractice cases often hinge on whether this negligence caused actual harm. This means that the doctor’s actions must directly cause an injury or wrongful death.
  4. Harm. The last need for medical malpractice cases is that the injury resulted in material damages. This could mean a physical injury or non-physical damages such as lost wages, mental suffering, and medical bills.

If you believe you have been harmed due to medical error, please do not hesitate to speak with a highly qualified medical malpractice lawyer today. An attorney from our law firm can meet with you in a free consultation to go over the details of your case, answer all your questions, and outline a strategy for moving forward.

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 future medical expenses you anticipate incurring in the future.

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.

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 was 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.