Upper Darby Medical Malpractice Lawyer

When you seek treatment from a qualified healthcare provider, you never expect to become injured due to their care. Unfortunately, many people live with the fact that their trusted provider made a mistake that could have been prevented if they had followed a standard level of care.

In these cases, the affected patients and their loved ones have the option to file a medical malpractice claim to cover healthcare costs, lost wages, and other damages.

If you would like to learn more, be sure to contact Laffey Bucci D’Andrea Reich & Ryan. Our experienced team of legal professionals can help you determine the next steps in your case.

Reach out to our Upper Darby medical malpractice lawyer today.

How Does Medical Malpractice Happen?

Medical malpractice happens when a healthcare professional deviates from the standard of care. In many cases, it can lead to serious injury or even death. According to a Journal of Anesthesiology Clinical Pharmacology study published by the National Library of Medicine, health care provider errors and mistakes are the third leading cause of death in the United States.

There are numerous ways that medical malpractice can occur in Upper Darby, such as:

Misdiagnosis or Failure to Diagnose

This is a common type of medical malpractice. When a doctor or another healthcare provider fails to diagnose a specific ailment correctly or ignores lab results, it could negatively impact a patient’s health. This medical malpractice often leads to delayed treatment, worsening of the person’s condition, and unnecessary suffering for the patient.

Surgical Errors

Unfortunately, surgical errors happen more than you want to know.  Everything from unnecessary surgeries to performing surgery on the wrong body part to making mistakes during surgical procedures can occur. Surgical errors cause severe complications for the patient. Along with that, the affected individual may need additional surgeries and suffer from long-term health issues.

Medication Errors

Errors during surgery are not the only concern. Sometimes, a doctor, nurse, or even pharmacist can make mistakes. Prescribing the wrong medication or an incorrect dosage puts the patient at risk of adverse drug reactions.

Aftercare Negligence

Healthcare service should not stop after you leave the hospital or doctor’s office. All healthcare providers need to provide proper aftercare or follow-up with patients after a medical procedure or treatment. Without follow-up, the patient might not recover or experience more severe symptoms of their illness.

Premature Discharge

Another type of medical malpractice is a premature discharge from a hospital or medical facility. In these cases, the patient is released before they are medically ready to go home. With these actions, the patient can suffer from complications or have a readmission of symptoms. Often, the individual will need to take longer to recover.

If you suspect that you or a loved one has been a victim of medical malpractice, you will want to consult with an Upper Darby medical malpractice lawyer to discuss your case.

Elements of a Medical Malpractice Claim

In a medical malpractice case, four essential elements must be present for you to pursue a legal claim. They include:

• Duty: All healthcare providers owe a duty of care to the patient. They have a responsibility to provide competent and reasonable medical treatment, and this duty is part of a doctor-patient relationship.
• Breach: When the provider falls below the standard of care, that is known as medical negligence. This breach occurs when their actions deviate from what a reasonable healthcare professional would do in similar circumstances.
• Causation: In these cases, medical negligence directly harms the patient. The provider’s breach of duty and the resulting injury must be a clear link.
• Damages: These damages can be physical, emotional, or financial. Examples of damages include additional medical expenses, loss of income, pain and suffering, and other related losses resulting from the malpractice.

As you can tell, proving medical malpractice in a court of law can be difficult. Working with an experienced medical malpractice lawyer can help assess the validity of your claim and determine the next steps in your case.

Who Is Liable for Your Injuries?

In medical malpractice cases, several parties can be held liable for negligence. They may include:

• Healthcare providers: Doctors, nurses, surgeons, anesthesiologists, and other medical professionals must deliver a standard level of care. If they fail to meet the standard, they can be held liable.
• Hospitals and medical facilities: Hospitals, clinics, and other healthcare institutions can be held responsible for the actions of their employees. They may also be liable for inadequate staffing, poor training, or unsafe conditions that harm patients. Additionally, issues related to hospital administration, such as improper record-keeping or lack of protocols, may contribute to malpractice.

The specifics of each party’s liability depend on the circumstances of your case. If you suspect medical malpractice, consult with the legal team at Laffey Bucci D’Andrea Reich & Ryan to assess your situation.

Medical Malpractice Laws in Pennsylvania

If you are considered a medical malpractice claim in Pennsylvania, you need to be aware of a few laws regarding your case.

In Pennsylvania, you have two years to file a lawsuit under the statute of limitations. However, a “discovery rule” can apply to medical malpractice cases. This means that the statute of limitations is paused if the injured patient doesn’t immediately know about the malpractice. The clock starts running when the patient becomes aware or reasonably should have known, about the injury and its cause due to the healthcare provider’s conduct.

Also, before you can file a medical malpractice lawsuit in Pennsylvania, you must obtain a “certificate of merit” from a qualified medical professional. This certificate confirms that there is a reasonable basis to believe that the healthcare provider deviated from the standard of care. As a result, there was harm to the patient.

How a Medical Negligence Attorney Can Help

As you can tell, proceeding through a medical malpractice claim can be challenging. If you believe that the healthcare profession failed to provide you with adequate care, and that resulted in injuries, then you will want to have an Upper Darby medical malpractice lawyer to assist.

First, a skilled lawyer will evaluate your case to determine if you have a valid claim. They will decide if your claim can prove those four elements of medical negligence: an owed duty of care, breach of duty, causation, and damages. Additionally, they will analyze your medical records and listen to expert opinions.

These cases involve complicated legal procedures. Your lawyer will guide you through the process, ensuring you meet deadlines, file necessary paperwork, and adhere to court rules.

Most medical malpractice claims involve insurance companies. Your lawyer will negotiate on your behalf to seek a fair settlement. During this time, they will handle communication, present your case, and advocate for your rights. With that, you can focus on your recovery and health.

Your lawyer will represent you in court if a settlement isn’t reached. Ultimately, the goal is to secure compensation for your injuries, medical expenses, lost wages, and pain and suffering.

With the complex nature of these cases, you will want to have a skilled professional on your side. At Laffey Bucci D’Andrea Reich & Ryan, we have a team of legal professionals that have successfully handled medical malpractice cases.

If you would like to learn more, contact our Upper Darby medical malpractice lawyer today.

We Understand Medical Malpractice Claims in Upper Darby

When a healthcare provider makes a mistake, it can lead to a lifetime of pain and suffering. If you have been injured in a medical malpractice claim, you could be entitled to compensation for your medical costs, lost wages, and other damages.

At Laffey Bucci D’Andrea Reich & Ryan, we have over 40 years of experience handling cases like yours. If you would like to learn about your options, make sure to schedule a consultation with an Upper Darby medical malpractice lawyer.