Philadelphia Medical Malpractice Lawyer

KNOW WHAT YOU DESERVE – AND DEMAND IT

Our Philadelphia lawyer can help you get compensation if you or a loved one was a victim of medical malpractice.

You deserve to have your rights protected by a skilled Philadelphia medical malpractice lawyer, and we’re here to give you the level of legal support you need. When you place your trust in healthcare providers, you are giving them control over your health. You wanted relief from a medical problem, yet you now face consequences far greater than the condition you sought treatment for. You deserved better care, and now you deserve compensation for the many costs that bad medical treatment has caused you. You’re dealing with a lot right now. A fight was the last thing you wanted, but you should know that you have an ally to take up your cause.

OUR MEDICAL MALPRACTICE LAWYER IS YOUR ADVOCATE. WE WON’T STOP FIGHTING FOR YOU.

The good news is that you don’t need to go it alone. The Philadelphia medical malpractice attorneys at Wapner Newman understand how complicated these cases can be. We know that medical malpractice claims are about fairness and accountability. When you take a stand to demand payment for the costs you face, you’re doing more than just helping yourself; you’re making the system fairer for everyone. Let us take up this fight on your behalf, so you can focus on the things that matter most – your health, your loved ones and your journey back to a good life. Our attorneys service clients throughout Pennsylvania and New Jersey.

We offer a free consultation to discuss the facts of your case and determine the best way to proceed, so call Wapner Newman for help today at (215) 569-0900.

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How the Standard of Care Matters in a Medical Malpractice Case

Medical malpractice is the area of law that covers negligence committed by healthcare providers which results in harm to patients. It could cover all types of healthcare providers and institutions that provide healthcare. Negligence is more than a mistake or an unplanned outcome.

In order to show that a healthcare provider was negligent, the plaintiff (the person filing the lawsuit) in a medical malpractice case needs to show what the standard of care was in the case and that the defendant (the party being sued) breached or violated that duty, causing harm. The standard of care is the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise. The standard of care in a medical malpractice depends on the type of healthcare provider at issue. The standard of care for a family doctor would be different than one for an orthopedic surgeon.

Why Choose Wapner Newman for Your Medical Malpractice Lawyers

Our medical malpractice lawyers know how to get optimum results.

Medical malpractice cases are complicated, and since symptoms change over time and evidence and witnesses disappear, it is important to contact an attorney experienced in medical malpractice as soon as possible. At Wapner Newman, we know medical malpractice claims. Our track record shows that we also know how to get results for our clients. These claims aren’t like other injury cases. Medical malpractice claims deal with complex issues stemming from Pennsylvania’s laws and our convoluted healthcare industry.

Our client testimonials and case results prove that we can hold negligent healthcare providers accountable for the harm they’ve caused our clients. We know what it takes to get results. When our medical malpractice lawyers accept a case, we will…

  • Investigate the circumstances and potential causes of your injury or illness
  • Determine who was responsible for the harm you’ve suffered
  • Determine how much you are owed by calculating the many damages you’ve experienced
  • Deal firmly and aggressively with healthcare providers, insurance companies and other attorneys
  • Build a case based on our research, Pennsylvania law and similar cases
  • Fight for compensation through a settlement or a trial.

During the process of filing a medical malpractice claim, we’ll keep you informed on the progress of your case and answer any questions you might have. We want to make the process as simple as possible for our clients, so they can focus on their health and recovery.

The skilled and experienced Philadelphia medical malpractice lawyers at Wapner Newman are committed to giving your case individual attention and getting the best settlement possible. We have helped hundreds of clients through the years secure the compensation they need to reclaim their future through our thorough and creative investigative legal solutions. We offer a free consultation to examine your situation and show you how we can help. Our attorneys help clients throughout Pennsylvania and New Jersey.

Contact us today at (215) 569-9000 to schedule your free case evaluation.

Our Experienced Philadelphia Medical Malpractice Attorneys Will Make Sure You Stay Informed about Your Case

Perhaps you suspect that a healthcare provider did something wrong or failed to do something they should have done. As you struggle with the fallout from their actions, you wonder what you could possibly do to move forward. How could a patient make a case that their doctor or nurse didn’t properly do their job?

When exploring your options, you’ll encounter a lot of legal jargon and unnecessary information. All you need to do to get started is to contact a knowledgeable, experienced medical malpractice lawyer. We exist to help injured patients seek compensation for the harm they’ve suffered. We know how complicated these cases can be, which is why we do everything possible to make this process as simple as possible for our clients.

If you or a loved one wants to speak to our team about your case, contact the skilled and experienced Philadelphia medical malpractice lawyers at Wapner Newman. We’ll help you make sense of your situation and explore your legal options. Give us a call at (215) 569-9000 to schedule a free consultation with our medical malpractice attorneys in Philadelphia.

Our Philadelphia Medical Malpractice Attorneys Answer FAQs

Perhaps you suspect that a healthcare provider did something wrong or failed to do something they should have done. As you struggle with the fallout from their actions, you wonder what you could possibly do to move forward. How could a patient make a case that their doctor or nurse didn’t properly do their job?

When exploring your options, you’ll encounter a lot of legal jargon and unnecessary information. All you need to do to get started is to contact a knowledgeable, experienced medical malpractice lawyer. We exist to help injured patients seek compensation for the harm they’ve suffered. We know how complicated these cases can be, which is why we do everything possible to make this process as simple as possible for our clients.

If you or a loved one wants to speak to our team about your case, contact the skilled and experienced Philadelphia medical malpractice lawyers at Wapner Newman. We’ll help you make sense of your situation and explore your legal options. Give us a call at (215) 569-0900 or fill out our online form to schedule a free consultation with our medical malpractice attorneys in Philadelphia.

Just because a mistake was made by a healthcare provider, this doesn’t necessarily mean negligence took place. However, if a medical situation was treated badly, a serious illness wasn’t diagnosed, treatments took place without authorization, there were serious and unexpected consequences to a medical procedure, or a medication error led to a dangerous reaction, negligence may have taken place. You should contact our Philadelphia medical malpractice attorneys so we can discuss the situation.

It can cover any healthcare provider, from dentists to surgeons, EMTs to pathologists, nurses to radiologists, pharmacists and podiatrists. Institutions such as hospitals, pharmacies and nursing homes could also be subject to a medical malpractice lawsuit.

How Our Philadelphia Medical Malpractice Lawyers Prove Negligence

Usually, in personal injury cases not related to medical care, proving that a defendant was negligent requires only a few conditions – plaintiffs must show that defendants knew their action or inaction could result in serious injury to another person. In medical malpractice cases, the law requires additional proof as a means of protecting healthcare providers from false claims.

A plaintiff must prove:

  • The existence of a doctor-patient relationship – This means the patient agreed to be treated, and the doctor agreed to be hired.
  • Doctor negligence caused the injury – A patient may need to get the opinion of a medical expert to prove that the injury was caused by doctor negligence.
  • The injury caused the alleged damages – A patient must demonstrate a causal relationship between the injury and damages such as loss of income, additional medical expenses, or pain and suffering.
  • The doctor was negligent – To prove negligence, a patient must show that a doctor caused injury by acting in a way contrary to how a competent doctor would behave.

Because medical malpractice cases are complex, it is best to work with skilled legal counsel to ensure your rights are protected and that you get all the compensation you deserve for your injuries.

Our Philadelphia medical malpractice lawyers have the experience you need. We serve clients throughout Pennsylvania and New Jersey. Contact us today at (215) 569-0900 to get your free consultation.

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How a Medical Malpractice Lawsuit Can Help You

Our medical malpractice lawyers can help you win compensation for your monetary and non-economic losses.

Why would someone want to file a medical malpractice claim? For many injured patients, there are few options other than filing a lawsuit. The financial, physical and emotional consequences of a healthcare provider’s negligence are so great that simply accepting this outcome is unthinkable. Patients want accountability on the part of the medical professionals that wronged them and to make sure that these professionals do not continue to harm other individuals. 

In Pennsylvania, a successful lawsuit can bring compensatory damages for both your economic (monetary) losses and non-economic losses, on which it is more difficult to place a dollar value. These may include:

  • Medical expenses
  • Lost income and lost earning capacity
  • Ongoing care
  • Physical and emotional pain and suffering.

In Pennsylvania, there is no cap on compensatory damages, but there is a cap on punitive damages of 3 times the compensatory damages award in medical malpractice cases. Punitive damages, which are rarely awarded, are intended to punish the defendant and deter further acts of medical negligence. This cap can be waived if it can be proved that the defendant acted intentionally in causing the harm.

Medical malpractice claims offer patients the opportunity to have their voice heard. Most clients that come to Wapner Newman simply want their lives to be normal again. We do everything in our power to make that happen.

If you or a loved one has suffered harm at the hands of a negligent medical provider, contact our medical malpractice lawyers in Philadelphia at (215) 569-0900 to schedule a free consultation. Tell us your story and let us help you consider all your legal options.

Medical Malpractice 101

Medical Malpractice 101

Medical Malpractice that Leads to a Wrongful Death

Our medical malpractice attorneys also handle cases when the malpractice resulted in a wrongful death.

More than 250,000 deaths occur every year in the U.S. because of medical error. Though not all errors are considered malpractice, many of those deaths are preventable and result from negligent care. When a family loses a loved one because of medical malpractice, they are within their rights to consider taking legal action.

Through a wrongful death claim, a family can seek payment for damages, meaning compensation for burial and funeral expenses, lost wages, medical expenses, and pain and suffering, in addition to other consequences of malpractice.

These claims don’t right the wrongs of a negligent healthcare provider, but they help ensure that a family won’t unjustly bear the costs of their loss. They also offer some degree of accountability on the part of the negligent medical professional.

If your loved one suffered fatal medical complications due to negligent care, Wapner Newman offers free consultations to help you better understand wrongful death claims related to medical malpractice cases.

Statute of Limitations in Pennsylvania

There are deadlines for filing a lawsuit, so don’t wait to call our medical malpractice lawyers in Pennsylvania.

According to Pennsylvania 42 Pa.C.S. § 5524(2), the statute of limitations (the deadline to file a legal claim) on most medical malpractice claims is two years. There are exceptions if the victim is a minor or child or the victim is unaware of the malpractice despite a reasonable investigation as to whether the injury was caused by malpractice (but this can be no longer than seven years after the injury). If the patient was a child at the time of the malpractice, the deadline to file a lawsuit is before he or she turns 20 years old.

Call our medical malpractice attorneys in Philadelphia as soon as possible to allow time to file everything correctly and to properly investigate and build your case while evidence and witnesses can still be found.

Why Medical Mistakes Occur

Our Philadelphia medical malpractice attorneys can determine when a medical problem or mistake is actually malpractice.

Medical mistakes can happen for a number of reasons:

  • Communication– When communication breaks down between two doctors treating the same patient or among hospital staff, people making important decisions for patients may not have all the information they need. In addition, medical professionals may fail to communicate with patients, ask relevant questions or listen properly to the answers.
  • Record-keeping – Inconsistent, outdated, or inadequate record-keeping can cause doctors to miss important details, like a patient’s medication allergies.
  • Procedures– A health care facility may lack adequate procedures for sanitation and patient handling.
  • Staff shortages– In understaffed health care facilities, people may try to get more done by cutting corners or ignoring procedures. Nursing shortages occur at many institutions.
  • Lack of sleep– Some doctors and surgeons work incredibly long hours – so much so that their ability to think clearly and handle medical instruments may be compromised.
  • Chemical dependence– Medical professionals encounter a lot of stressful situations that could increase their risk of alcohol and drug dependence. In a  2012 survey of 7,197 surgeons, 15.4 percent who took the Alcohol Use Disorders Identification Test (AUDIT) had scores indicating alcohol abuse or dependence.

Types of Medical Errors That Can Lead to a Medical Malpractice Lawsuit

UNDIAGNOSED OR MISDIAGNOSED CONDITIONS AND DISEASES

When a doctor fails to make an accurate and timely diagnosis of a harmful medical condition, the patient can suffer serious consequences. The untreated illness can get worse and even lead to death, and patients may also be harmed from incorrect treatment, unnecessary surgical procedures, and medications wrongly given. If the misdiagnosis involves a serious disease or condition that requires immediate treatment, early detection, or prompt action — such as a heart attack, stroke, cancer, or other potentially deadly disease – and serious harm results, it may be grounds for a medical malpractice lawsuit.

MEDICATION OVERDOSES AND PRESCRIPTION ERRORS

These errors can occur for reasons such as confusion about brand-name medications, illegible handwriting, incorrect or misinterpreted abbreviations, and failure to adjust dosages for pediatric patients. Prescription errors can cause serious health complications for patients and result in longer hospital stays, and in some instances lead to death.

SURGICAL ERRORS

Surgical mishaps are often devastating to the patient and can result in violations of Pennsylvania malpractice law.

The following are common surgical errors that may amount to medical malpractice:

  • Wrong-site surgery – operating on the wrong area of the body, the wrong limb or eye.
  • Wrong surgical procedure – removing the wrong part of the body, such as limbs, organs, and tissue.
  • Wrong patient surgery – surgery was meant for another patient, unrelated to the patient’s diagnosis, or the diagnosis was wrong.
  • Surgical instruments such as retractors, sponges, and surgical towels are left in the body. Internal organs are nicked, punctured, or otherwise injured during surgery.
  • Contamination and infection resulting from using unsanitary instruments during surgery.
  • Nerve damage may be caused by a surgeon’s physical error or an anesthesia error.
  • Medication errors, including mistakes in labeling, incorrect dosage, neglecting to treat a problem indicated by the patient’s vital signs.
  • Infection or illness caused by unsanitary equipment or failure to use proper sterilization and cleaning procedures. Infections can be serious and result in sepsis, an infection in the blood which may lead to death.
  • Failing to advise patients about behaviors that could worsen their condition.

These types of cases require plaintiffs to prove many points in order to prevail on a claim of medical malpractice. Wapner Newman has litigated many cases on behalf of medical malpractice victims and their families, so we understand how to achieve favorable results for our clients. Our Philadelphia medical malpractice attorneys serve clients throughout Pennsylvania and New Jersey.

Prevalence of Medical Errors in Pennsylvania

A study published in the September 2013 issue of the Journal of Patient Safety reported that the number of deaths attributable to hospital error could be at least 210,000 – and perhaps as high as 440,000. Those figures are extrapolated from case studies and don’t include errors made in non-hospital settings.

According to the study’s author, a toxicologist for NASA, a number of factors make it difficult to say exactly how many deaths are caused by hospital error. Some medical errors are simply not reported. Another study found that 45 percent of physicians who believed fellow doctors were impaired or incompetent didn’t report their suspicions to anyone.

Medical errors may be immediately evident, such as a medication overdose that causes cardiac arrest. Symptoms of other medical errors may be delayed, such as a disease caused by contaminated equipment. And in one shocking case reported in the quarterly medical journal Hippokratia, a woman discovered three years after a liver operation that her surgeon had left the forceps in her abdomen.

Common Injuries from Medical Malpractice

Medical malpractice during pregnancy or birth could result in cerebral palsy or Erb’s or brachial palsy. Facial paralysis could be caused by forceps during delivery. Bone fractures could occur during a breech delivery. Injuries caused by negligence during surgery, including anesthesia errors, can include blindness, partial or complete paralysis, punctured organs, brain injuries, infections and internal bleeding. Injuries due to improper diagnosis include the actual condition’s progressing to the point that it can’t be treated, as well as harm done by unnecessary treatments or procedures.

Featured Article: Need For A Malpractice National Registry

Medical Malpractice National RegistryAccording to the National Practitioner Data Bank, Medical Malpractice Payment Reports and Adverse Action Reports, the United States had 599,945 medical malpractice claims that had plaintiff payouts spread out among 364,893 health care practitioners from 2004 through 2014. In the state of Pennsylvania alone, the number of medical malpractice claims tallied up to 25,283 plaintiffs, entailing 15,479 health care providers, during the same timeframe. According to some reports, approximately 44,000 to 98,000 people die in hospitals every year due to medical errors. Yet, the Journal of Patient Safety states that the numbers are likely higher, ranging from 210,000 to 440,000 patients. Without a doubt, health care in the nation isn’t as safe as it should be. Some even feel it’s a nationwide health care crisis… [read more]

Coping With Healthcare-Related Injuries and Illness

When we seek care from a doctor, the last thing we expect is to be harmed by the treatment we receive. Medical malpractice causes unexpected and sometimes devastating injuries and illness. Coping with the consequences of negligent healthcare requires effort, but it is possible to get your life back.

First, prioritize your health and seek treatment from another healthcare professional who understands your condition. If you’re suffering from a serious condition, you will need to seek immediate medical attention. Though you likely won’t want to revisit the same healthcare providers that caused you harm, you should seek care from another trusted physician.

Retain All Documentation of Your Treatment and Medical Bills

Next, keep track of the challenges you’re experiencing. Each time you get another medical bill related to your injury, keep a copy of it. Many injured patients find it helpful to keep a journal where they make notes about their condition. This helps them establish a timeline of their injuries, setbacks and recovery.

Contact an attorney who knows medical malpractice law. This area of the law is complex, and it’s best to speak with a lawyer who is familiar with how medical malpractice claims work.

Get Help from Our Philadelphia Medical Malpractice Lawyer

A sloppy surgery, misread X-ray, or incorrect prescriptions are just some of the errors that can cause injury or death. It’s true that everyone makes mistakes. But medical professionals are expected to abide by a higher standard – and to understand how their actions or inaction could affect their patients.

If you or a family member has been injured or someone has died because of a medical mistake, you’ll need an experienced Philadelphia medical malpractice attorney who will look out for your best interests. Pursing a claim of medical malpractice could help you recover from your losses, as well as protect other people from dangerous or careless doctors.

Call the skilled medical malpractice lawyers at Wapner Newman today at (215) 569-0900 for your free consultation. We serve clients throughout Pennsylvania and New Jersey.

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