What is medical malpractice in PA?

Updated on October 25, 2021

When you need medical care, you place your trust and wellbeing in the hands of medical professionals. The amount of trust placed in the medical industry is large and when you receive any type of medical care you expect to receive treatment from competent professionals. However, this is not always the case and malpractice can result in you being injured and in need of legal representation. If you’ve been hurt, you need your rights protected by a skilled Philadelphia medical malpractice lawyer

When you are a victim of medical malpractice you not only have an additional recovery to concern yourself with you also have increased finical burdens and stress. Worrying about your job, caring for your family, and ensuring you receive the proper care in your recovery are just some concerns you may have. Luckily, you don’t have to shoulder these burdens alone and by hiring legal aid you have the help you need. A medical malpractice lawyer has seen numerous cases, knows what you’re going through, and can provide the guidance and expertise you need. They ensure that you not only receive finical compensation, but the responsible parties are held accountable for their negligence. 

What is Medical Malpractice?

Medical malpractice is defined under the law as negligence committed by healthcare providers that leads to the injury of their patients. A medical professional is deemed negligent not just because of simple error but due to a lack of reasonable care. A lack of reasonable care occurs when a doctor performs an action that another doctor would not do in the same situation. As the medical profession requires specific training, education, and standards the degree of medical care you expect should be the same for specific ailments and treatment no matter who your doctor is. For example, if a doctor misdiagnosis an ailment, reads an X-ray incorrectly, or prescribes the wrong treatment regimen all of these are examples of medical malpractice as you reasonably expect a doctor to be able to do these tasks correctly. 

Examples of Medical Malpractice

Medical malpractice can involve areas of the medical profession you may not originally consider. These can include improper diagnosis, prescribing the wrong drugs or the wrong amount, improper post-care treatment, and not properly advising you on proper behavior and lifestyle choices after treatment. The key thing to keep in mind is malpractice isn’t just related to surgery (even though a lot of malpractice issues are surgically related) but to all aspects of medical care. If you have received an improper diagnosis, treatment, or follow-up care of a serious ailment you have experienced malpractice. 

Surgical Malpractice

Medical malpractice can cover a lot of different parts of the medical industry and surgical malpractice is one of the most common. Surgery is very involved, and several examples of malpractice can occur if the doctor is negligent. Some common examples include:

  • Performing surgery on the wrong part of the body such as working on the wrong elbow or knee. 
  • Performing the wrong type of surgery such as something unneeded.
  • Mixing up surgery between two patents. This can occur when surgery paperwork is mixed up and a patient receives surgery meant for someone else.
  • Leaving surgical implements such as sponges inside the body after surgery leading or injury or infection.
  • Causing infections or illness due to not keeping the surgery area or equipment clean.
  • Permanent damage due to doctor error such as nerve or muscle damage. 

Does Malpractice Only Involve Doctors?

When you think of medical malpractice you may typically default to doctors being the common cause of such cases. This is a common viewpoint and one a lot of people hold due to surgical errors and doctor malfeasance being a common factor in many malpractice cases. However, malpractice does not just apply to doctors. Medical malpractice applies to the entire medical industry and can include other medical professionals such as nurses, assistants, technicians, and more. If you’ve been injured due to malpractice during a medical procedure you have a right to fair representation even if the negligent party is not a doctor. 

What a Lawyer Can Do for You

When you’ve been the victim of medical malpractice in Philadelphia one of the first things you should do is hire an experienced medical malpractice lawyer. When you’ve been hurt by medical malpractice your lawyer will get you the results you deserve in the following ways:

  • Investigate what has happened and how that has led to your injury.
  • Discover who the at-fault parties are in your malpractice case.
  • Calculate your damages to see how much you are owed. Damages can be wide-reaching and include items such as cost of care, lost income, lost future earnings, pain and suffering, and other economic and non-economic factors.
  • Deal with all involved parties such as healthcare providers, insurance companies, other attorneys, and strongly represent your side.
  • Build your case based on evidence, expert testimony, research, past case evidence, and the laws of the state of Pennsylvania.
  • Represent you through a settlement or if needed a trial. No matter the result your attorney will fight for your rights and what you are owed due to the negligence of others.

Final Thoughts

If you’ve been injured by the malpractice of someone in the medical industry you deserve to be made whole financially, have your case heard before the court, and have those responsible held accountable for their medical negligence and malpractice. When you have been the victim of malpractice you not only have to worry about your recovery there is also the matter of your continued trust in the medical industry. You trust doctors and healthcare providers with your health and that trust should be rewarded with proper and attentive care. When you’ve been hurt the trust between doctor and patient is broken and compensation must be awarded. 

With skilled representation, you can focus on your health, recovery, and family as your lawyer carefully works through the process. Your lawyer not only handles your case they also keep you updated on important matters, provide support, and answer any questions you may have. 

The Editorial Team at Healthcare Business Today is made up of skilled healthcare writers and experts, led by our managing editor, Daniel Casciato, who has over 25 years of experience in healthcare writing. Since 1998, we have produced compelling and informative content for numerous publications, establishing ourselves as a trusted resource for health and wellness information. We offer readers access to fresh health, medicine, science, and technology developments and the latest in patient news, emphasizing how these developments affect our lives.