Medical Negligence Claims for Damages
Medical errors are the third leading cause of death in the United States, according to a research study published by Johns Hopkins. Every year, approximately 250,000 people who seek competent medical treatment are killed at the hands of negligent healthcare providers they entrusted with their lives.
At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., we hold negligent healthcare professionals financially responsible for the harm they cause. We are seasoned litigators who prepare each case for trial from day one. Our award-winning team has achieved impressive results in complex medical malpractice cases, including:
- $15 million from a Philadelphia jury in favor of our client, an 8-year-old boy whose pediatric urologist inexplicably stopped his antibiotic treatment, which caused kidney damage
- $14 million against a hospital to a 45-year-old woman who became paralyzed after a delay in treatment and failure to run an MRI caused a permanent spinal cord injury
- $5 million that was placed into a trust to provide for a child’s future care after he developed symptoms of meningitis at ten weeks and the hospital improperly discharged him
- $2.45 million for the family of a woman who died because the hospital failed to properly monitor her blood pressure
Securing fair compensation in these complex cases often requires the assistance of a knowledgeable medical malpractice lawyer who can uncover evidence to support your claim and fight to protect your rights. Trust our skilled legal team with your medical negligence case. Contact us today for your free case evaluation and to talk with an experienced medical negligence attorney.
Establishing a Case for Medical Negligence
In order to recover compensation for your injury, you and your attorney will need to prove the following:
The Care You Received Was Negligent
You will have to show that your doctor or other healthcare provider did something wrong or failed to do something that another healthcare provider would have done under the same set of circumstances. All doctors and healthcare providers must provide medical care consistent with the “standard of care.” This standard is what other healthcare doctors or healthcare providers within the same specialty would do and all are expected to conform.
The Negligence Led Directly to Your Injury
It is not enough to show that the doctor was negligent. Instead, you must be able to directly link the source of their negligence to your injury. In other words, you wouldn’t have suffered an injury if the healthcare provider had not violated the standard of care. This element is challenging to prove, so you will need the help of a medical expert to establish it.
You Suffered Measurable Damages
Finally, you must show that you suffered some harm due to the negligence. For example, you may have required additional medical treatment to correct the doctor’s mistake or permanent disfigurement.
How Is Compensation Determined?
Medical malpractice insurance adjusters and juries often determine a patient’s compensation by adding up all of the damages they suffered. These damages may include:
- Medical expenses – You may need additional surgery or medical treatment to correct the negligent healthcare provider’s mistakes. You may be able to receive compensation for future hospitalizations, private medical care, in-home care, and medication. You can receive compensation for the medical expenses you have incurred, as well as those you anticipate in the future.
- Rehabilitation costs – You may require extensive rehabilitation to regain use of an affected part of your body or to re-learn skills due to the malpractice.
- Disability – Some medical errors are so extreme that they cause permanent disability, which can cause victims to be unable to find or maintain employment. You should be able to receive compensation for your lost or reduced earning capacity.
- Pain and suffering – Courts of law understand that you cannot always place a price tag on some forms of damages but that injury victims should still receive compensation for them. Therefore, you can receive compensation for your “pain and suffering” damages. These damages include your physical pain and suffering, mental and emotional distress, and reduced ability to enjoy life.
Our team understands what is at stake in your case and will fight hard to recover compensation for your lifetime care and suffering.
How Can a Medical Malpractice Lawyer Help?
Medical malpractice lawyers are familiar with the complex rules surrounding these claims. They can use their knowledge and skill to:
Properly Prepare Your Claim
Medical malpractice cases involve complex rules and procedures regarding the type of information you must include, to whom you must provide notice, and how to substantiate your claim. An experienced medical negligence lawyer will be familiar with these rules and properly prepare your claim.
Uncover Evidence to Support Your Medical Negligence Claim
In some cases, the doctor’s mistakes are obvious. For example, the doctor may have left a scalpel inside a patient during surgery or operated on the wrong part of the patient’s body. However, most medical negligence cases are not as obvious and require compelling proof to convince the insurance company or jury of the healthcare provider’s mistake. Our knowledgeable lawyers can gather compelling evidence such as:
- Medical records that clearly show your medical condition before and after the particular condition or procedure you had.
- Medical policies that show the doctor deviated from the standard of care that applies to your case
- Hospital personnel records that show a history of mistakes or other troublesome facts for the health care providers
- Testimony from friends and family members who can explain how the negligent medical care has negatively affected your life
Retain Expert Witnesses
Expert witnesses can help explain the medical care and support that our clients will need now and in the future. We hire highly qualified experts in medicine, life care planning, economics, and other fields to maximize the value of your claim.
How Soon Should I Pursue a Case?
Generally, you have two years to file a medical malpractice lawsuit in Pennsylvania. However, it is crucial that you do not delay in reaching out to a qualified lawyer for assistance. These cases are highly complex and require an in-depth investigation and review to determine if you have a meritorious claim. Additionally, if a state actor like a public hospital is involved, the timeline may be even shorter. Contact a knowledgeable malpractice lawyer the first moment you suspect that your or a loved one’s injury was due to medical negligence.
Contact Us for a Free Case Review
If you believe medical negligence was responsible for your or a loved one’s injury, the legal team at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. is here to help.
Contact us today for your free case evaluation and to talk with an experienced medical negligence attorney.