Fighting for What You Deserve

You deserve to have your rights protected by a skilled medical malpractice lawyer in Philadelphia, and we’re here to give you the level of legal support you need. When you place your trust in healthcare providers, you give 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. 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.

Get the Maximum Compensation in Your Medical Malpractice Case

A fight to prove medical malpractice occurred may not be what you expected when you visited your medical provider. The good news is that you don’t need to go it alone. Our 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.

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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Why Should You Choose Our Medical Malpractice Lawyer at Wapner Newman?

Trusted Legal Guidance and a Compassionate Ear

When you’ve suffered an injury caused by an error or misdiagnosis, the outcome can affect you for the rest of your life. Some medical mistakes can even result in death. We know that your life may have been turned upside down during a surgery or procedure you thought would help you. We understand the pain you may feel when you suffered an avoidable injury. That’s why our Philadelphia medical malpractice attorneys fight so hard for our clients. Our law firm serves clients in Pennsylvania and New Jersey.

We put all our resources, knowledge and experience behind our resolve to win your case.

Our Philadelphia medical malpractice lawyers at Wapner Newman fight for those who put their trust in medical providers but then suffered injuries. Known for our steadfast commitment to our clients, our compassionate team is ready to answer every question you have and to help you understand what to expect in your case. Read these testimonials to learn how we’ve helped our past clients.

When you work with a medical malpractice attorney at Wapner Newman, you’ll always be informed about your case and will have a skilled legal strategist at your side. Reap the benefits of our experience. Our team of attorneys has the skills and background in legal battles that you need to win.

We Win Cases and We Win Respect

  • Marc Brecher focuses on medical malpractice and is recognized as a Pennsylvania Super Lawyer and is among the Top 100 Trial Lawyers recognized by the National Trial Lawyers Association.
  • Jarad Silverstein is an experienced litigator in medical malpractice cases, winning many multimillion-dollar cases, including a $15 million wrongful death case.
  • Learn about other Philadelphia personal injury attorneys on our accomplished team.

We Get Excellent Results for Our Medical Malpractice Clients

We’ve won numerous multimillion-dollar victories for our clients. Our record of winning medical malpractice cases speaks for itself. We are passionate in our fight for our clients and will zealously pursue the maximum compensation you can receive in your case. When we take your case, you can be sure we will be dedicated to you at every step in the process. We’ll fight for the financial compensation you deserve to cover medical costs associated with your injuries, both now and in the future.

Here is a sampling of our medical malpractice victories:

  • $8.4 million for a brain injury stemming from delayed diagnosis
  • $7 million for a birth trauma resulting in brain damage
  • $5.8 million for an obstetrical malpractice during delivery of twins
  • $5 million for a child injured by forceps at birth
  • There are many more. See our other winning results in medical malpractice cases.

How Our Philadelphia Medical Malpractice Attorneys Will Help You

What We Do to Prove Your Medical Malpractice Claim

Medical malpractice cases are complicated and can be challenging to prove. That won’t stop us. When our team takes on a case, we are committed. Our Philadelphia medical malpractice attorneys don’t shy away from a fight. However, for us to do our work well, you need to take action, and soon. If you believe you’ve been harmed by negligence and you wonder, how do I file a medical malpractice lawsuit, we’re here for you. We will help you understand whether you have a case and, if you do, we will take the steps to file a lawsuit on your behalf.

Since symptoms change over time and evidence and witnesses disappear, it is important to contact our attorney who is 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 Philadelphia 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 you, so you can focus on your health and recovery.

Our 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 secure the compensation they need to reclaim their future with 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.

There is limited time to bring a medical malpractice case in Pennsylvania so you should seek our help quickly. Contact our medical malpractice attorneys in Philadelphia today at (215) 569-0900 to schedule your free case evaluation.

Our Medical Malpractice Attorney Will Keep You 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 does 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. Our goal is to help injured patients obtain 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 to schedule a free consultation with our medical malpractice attorneys in Philadelphia.

Damages in a Medical Malpractice Lawsuit

Winning 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 others. You have the option to sue for medical malpractice.

In Pennsylvania, a successful medical malpractice lawsuit can bring compensatory damages for both your economic (monetary) losses and non-economic losses, for which it is more difficult to calculate a dollar value.

Damages in a Pennsylvania medical malpractice lawsuit 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

Do I Have a Case for Medical Malpractice?

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.

In a medical malpractice case, 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.

If you wonder, do I have a case for medical malpractice, talk to our injury attorney. 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 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 includes all types of healthcare providers and institutions that provide healthcare. Negligence is more than a mistake or an unplanned outcome.

To show that a healthcare provider was negligent, the plaintiff (the person filing the lawsuit) in a medical malpractice case needs to show several elements:

1)What the standard of care was in the case
2)That the defendant (the party being sued) breached or violated that duty of care
3)That violation of that duty caused 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.

Filing the Certificate of Merit in a Pennsylvania Medical Malpractice Case

In the Commonwealth of Pennsylvania, there are added legal steps involved before you can bring a medical malpractice claim. Rather than just taking the word of the patient that an injury was the result of negligence, the law requires a medical professional to state that another healthcare provider’s actions (or inaction) were unprofessional. This statement from a medical professional must be filed as a signed document using the Certificate of Merit form, as defined in Pennsylvania Code Rule 1042.10. This statement provided by a licensed medical professional must explain that the conduct resulting in injury “fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm.”

With all these legal hoops to jump through, it is clear that you need an experienced medical malpractice attorney guiding you through each step of your case. Our team will ensure all details are addressed so we build the strongest legal case possible. Whether we use that information to negotiate a settlement for you or we turn to our talented medical malpractice litigators, we are ready to fight for you.

Get the skilled help you need today. Call our team at Wapner Newman at (215) 569-0900.

You’ll find we are not only skilled professionals, we are also empathetic people who know you are going through a very difficult time of your life.

Death by Medical Malpractice

If Your Loved One Died, Turn to Our Philadelphia Medical Malpractice Attorneys

If you believe negligence of a medical provider led to the death of your loved one, you can bring more than just a medical malpractice claim. You can also file a wrongful death claim. Through this type of injury claim, a family can seek payment for damages that include:

  • Burial and funeral expenses
  • Lost wages
  • Medical expenses
  • Pain and suffering
  • And other consequences of malpractice.

The number of deaths caused by medical malpractice in the U.S. is tragic. At least 22,000 deaths occur each year, according to low estimates from a study by the Yale School of Medicine. Higher estimates ague that 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 your family loses a loved one because of medical malpractice, you are within your rights to consider taking legal action.

These claims don’t right the wrongs of a negligent healthcare provider, but they help ensure that your family won’t unjustly bear the costs of your 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. We’ll help you better understand whether you can file a wrongful death claim related to medical malpractice.

FAQs About Medical Malpractice in Pennsylvania

Our Medical Malpractice Lawyer in Pennsylvania Answers Your Questions

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.

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 of 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 and determine whether your medical provider acted negligently.
The possibilities are not limited. These laws apply to all entities related to providing health care of any type. Medical malpractice 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.
In Pennsylvania, the statute of limitations (the deadline to file a legal claim) on most medical malpractice claims is two years (42 Pa. C.S. §5542). 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, a lawsuit must be filed before he or she turns 20 years old.

Medical malpractice is a complex area of law, so you probably have plenty of other questions. Give our team a call to get answers and to find out how our Philadelphia medical malpractice lawyer can help you.

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

When clients come to us with an injury caused by negligence of a medical provider, they aren’t always sure they have a case. They want to understand what is medical malpractice. While many actions or inactions on the part of medical providers can lead to a medical malpractice lawsuit, there are some fairly common examples.

Undiagnosed or Misdiagnosed Conditions and Diseases

When a doctor fails to make an accurate 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.

Delayed Diagnosis

If a medical provider fails to diagnose an illness in a timely way, the outcome can be disastrous. A delayed diagnosis can even lead to death. When you suffer from disease or tragically lose a loved one simply because your provider waited too long to identify an illness, that harm could have been prevented. When this delay was caused by negligence, there can be cause to file a medical malpractice claim.

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.

Birth Injuries

Thousands of babies are born healthy in the U.S. every day. But sometimes this common procedure has problems and a child is severely harmed. Whether a negligent action leads to a delay that causes a child’s asphyxiation or whether forceps were used incorrectly, the outcome can be tragic for your child, and for you. When a birth injury happens, it can often cause problems so severe that they lead to a lifelong injury for a child. Brain injuries, in particular, can be a result of medical malpractice during the birth of a child. These are serious cases and need highly experienced birth injury lawyers to handle them. Our team has deep experience litigating birth injury cases successfully.

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 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.

Get Help from Our 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.

Make the best choice for your future. Having highly experienced attorneys guiding your legal strategy will get you the maximum compensation possible. Call our skilled medical malpractice lawyers at Wapner Newman today at (215) 569-0900 for your free consultation. We serve clients throughout Pennsylvania and New Jersey.

Client Testimonial

”The Wapner Newman team, more specifically Julie and Jarad handled my case very well. They exceeded all expectations. They were prompt, consistent, compassionate, and were very detailed and professional every step of the way. They were more than just lawyers doing their job, they understood, they cared and they fought long and hard for us to win. They maintained professional composures throughout and remained positive regarding our circumstance. I would highly recommend their team. They get the job done no matter what or how long it takes. They are also family oriented and very nice people. I cannot thank them enough for what they have done for me. We won our case because of them. I would use them again if ever i needed to. This was an extremely hard lawsuit but this team made it as comfortable for me as they could. They were extremely supportive the entire time. I cannot thank them enough!” – Adrian Garrett (Google Review)