How to Know if I Have a Medical Malpractice Claim

When you go to a hospital or a doctor for medical care, you expect to feel better after your visit. Some ailments take longer to recover from, but you shouldn’t feel worse after getting medical treatment. If you feel worse, you might suspect medical malpractice and wonder what to do next. You might even do an internet search for “How to know if I have a medical malpractice claim.” This is a wise course of action. The sooner you act on a potential medical malpractice case, the better.

Understanding Medical Malpractice in Philadelphia

Learn the Signs of Medical Malpractice to Protect Your Rights

There are several types of medical malpractice claims. What they all have in common is that a medical professional caused you harm due to negligence while treating you. When trying to determine whether you suffered from medical malpractice, our law firm will investigate whether any of the following happened.

Misdiagnosis or Delayed Diagnosis

If a doctor informed you that you were healthy when you weren’t or diagnosed you with a different condition than the one you have, they have made a misdiagnosis. When you have been misdiagnosed, you won’t receive treatment for your condition, which means it is likely to worsen. Even if the doctor later diagnoses you correctly, the delay often causes harm.

Failure to Treat

Sometimes a doctor will correctly diagnose a condition but fail to provide the proper treatment. This has the same impact as misdiagnosing a condition and constitutes negligence.

Procedural Errors

The most common types of procedural errors are those that occur during surgery and those that occur during childbirth. Any mistake can result in infection, a need for additional medical procedures, or lifelong disabilities (especially during childbirth).

Medical Product Liability

Unfortunately, not all medical products are safe. Typically, manufacturers are liable when a medical device is unsafe. However, a physician might also be responsible if they were aware that the product shouldn’t be used but it was used.

Proving Negligence

How We Get You the Money You Need

How do you know if you have a medical malpractice case? Your attorney must be able to prove the elements of your case. To prove negligence, we need to produce evidence that a medical professional either acted carelessly or recklessly, despite having a duty to care for your safety, and that action resulted in the harm you suffered. Proving that the medical professional had a duty of care is usually easy, just by the fact that you were their patient. It is the other elements that can be tricky to prove. We look for these common signs that you may have a medical malpractice claim:

  • Your condition worsened after receiving treatment.
  • You received treatment that you didn’t agree to receive.
  • The medical facility where you received treatment is understaffed.
  • Someone admitted that they made a mistake or were at fault.
  • Other patients have experienced similar cases of malpractice from that medical professional.

These signs can help us determine that a medical professional failed to provide you with the proper standard of care, resulting in your harm. Typically, our law firm will gather evidence like medical records, conduct interviews, and bring in a medical consultant to determine whether you have a case.

Why Choose Us?

Clients choose Wapner Newman for their medical malpractice cases because we get results. We have obtained tens of millions of dollars for clients in settlements and jury verdicts. That is life-changing money, and we know it. That is why we fight doggedly to get our clients the maximum possible compensation in every case we take. Our philosophy is that we can never have enough evidence until we have managed to negotiate for the highest possible compensation allowed by law.

Medical Malpractice Lawyers in Philadelphia

If you think you have suffered from medical malpractice, you may be right. Talk to our law firm to learn how to identify the signs.

If you have been harmed by medical malpractice, you need an experienced law firm on your side. Contact us today at (215) 569-0900 to schedule a free consultation.

FAQs about Medical Malpractice

One of the advantages of having decades of experience is that we have been asked almost every legal question possible. These are some of the most common questions we receive.

Where can I get more information about how to know if I have a medical malpractice claim?

The best place to get more information is from a free consultation from Wapner Newman. Our experienced legal team will help you understand everything you need to know about your case.

Can I sue for damages for the wrongful death of a loved one due to medical malpractice?

Yes. If a loved one dies due to the negligence of a doctor who was caring for them, you have the right to take legal action to get compensation for that loss.

What damages can I get for birth injuries to my child caused by medical malpractice?

You can get damages to pay for all treatment and support your child needs as a result of the medical malpractice. For cases that involve lifelong disability, you may be eligible for millions of dollars in compensation.

How long do I have to act on a medical malpractice claim in Philadelphia?

According to Pennsylvania law, you have two years to start legal action after suffering medical malpractice. This time is extended if you had no way to determine at an earlier time that you were harmed.

How much will Wapner Newman charge?

Our law firm takes medical malpractice cases on contingency. That means we only charge you if we win you money, and we only take a percentage of the money that we win for you.

The better you understand your case, the better you can help us win it. That is why we answer any question quickly and simply.

If you suspect that you suffered from medical malpractice, you need to quickly determine your legal options. Contact Wapner Newman at (215) 569-0900 today for help understanding medical malpractice in Philadelphia.