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Q: What exactly is medical malpractice?
A: Although medical malpractice is a complex area of law that covers a broad spectrum of circumstances, its essence is simple: Medical malpractice is intended to protect patients when a healthcare provider or medical entity deviates from accepted standards of practice and causes damage to the patient as a result of that deviation.
Q: Is proving medical malpractice easy?
A: Proving medical malpractice is not easy, but an experienced Philadelphia medical malpractice lawyer can gather the necessary evidence and consult with the proper experts to prove your case. Establishing medical malpractice requires proving that the medical professional or organization:
- Had an obligation to the patient
- Breached that obligation in providing negligent or otherwise substandard care
- Caused injury to the patient through the negligent act
Q: Can I file a medical malpractice lawsuit even if I have signed a consent form?
A: Yes. Signing a waiver does not give a medical professional the right to act with negligence while treating you. While there are certain risks associated with many medical treatments, healthcare providers must adhere to an accepted standard of care. Consent forms are designed to acknowledge you understand the associated risks and potential complications associated with a certain treatment, not excuse healthcare providers from medical malpractice.
Q: Who is responsible for my injuries?
A: Establishing who is responsible for the injuries you sustained is a difficult and often time-consuming and costly task. In many cases, there may be multiple parties responsible, including the doctor, nurse, pharmacist, lab technician, or radiologist. Anyone who assists with medical care could be guilty of medical malpractice.
Q: What are common examples of medical malpractice claims?
A: Medical malpractice cases range from the failure of a healthcare provider to provide informed consent to prescription drug errors. The Philadelphia attorneys at Golomb & Honik have successfully recovered millions of dollars in verdicts and settlements for victims of medical malpractice including:
- Birth injuries, such as brain damage, cerebral palsy, and shoulder dystocia
- Failure or delay in cancer diagnosis
- Postoperative infections
- Anesthesia errors
- Surgical errors
- Emergency room failures
- Nursing home abuse and neglect
Q: What type of compensation can be recovered in medical malpractice claims?
A: Financial compensation in medical malpractice lawsuits varies based on the circumstances, but damages may include money for:
- Medical expenses
- Lost wages
- Rehabilitation or long-term care
- Pain and suffering
Q: How do I know if I have a valid medical malpractice claim?
A: It is not always apparent who is to blame after you have sustained a serious injury in a hospital or clinical setting. The Philadelphia medical malpractice attorneys at Golomb & Honik offer no-cost consultations for patients who believe they were harmed because of medical negligence. A member of our experienced medical malpractice legal team will evaluate your case and advise you how to best proceed.
Q: Will I have to go to court if I file a medical malpractice lawsuit?
A: A majority of all medical malpractice cases are settled without ever going to trial. That’s good news for injured patients. It is important, however, to choose an attorney that is skilled in litigation, not just negotiation. If your case does proceed to trial, you can rest assured knowing that you are being represented by lawyers with the knowledge and resources to litigate and try to verdict even the most complex medical malpractice lawsuit.
Philadelphia Medical Malpractice Lawyers
If you or someone you love has suffered health complications or wrongful death due to a doctor, nurse, or healthcare provider’s negligence, you may have cause to file a claim. To learn more about your legal options or to schedule a free consultation call the Philadelphia medical malpractice lawyers at Golomb & Honik today at 1-800-355-3300 or 1-215-985-9177 or fill out our confidential Contact Form.