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Malpractice Attorneys serving Philadelphia
Medical Malpractice Attorney in Holmesburg Pennsylvania 19136
We would all love to believe that healthcare professionals are infallible, all-knowing, and steadily focused on their patients’ wellbeing. But unfortunately, this isn’t always the case. In fact, a dismaying study showed that malpractice was one of the top causes of death in the United States. Though malpractice happens every day, proving it can become a full-time job. If you believe you’ve suffered as a result of poor medical decisions, Rosen Justice medical malpractice attorneys in Holmesburg will fight to defend your rights.
What is the average payout for medical negligence?
A report by Expert Institute showed that in the US, “the average malpractice payment for 2018 was $348,065, in comparison to 2017, which averaged slightly less than $300,000.” What may be more interesting to Pennsylvania residents is that PA boasted “the second highest state average, averaging at $405,978 based on 909 claims and a total of $369,034,250.” Aside from New York, no other state had higher medical malpractice payouts over the past several years.
Is medical malpractice difficult to prove?
The difficulty of proving medical malpractice depends highly on the circumstances surrounding the case. Most cases require support from a Holmesburg medical malpractice attorney, as the burden of proof falls on the patient, who may not be familiar with malpractice laws.
Of all areas of personal injury law, malpractice is one of the most complicated. Proving that a doctor, nurse, surgeon, or other healthcare professional was negligent requires precise evidence and skillful litigation. If a doctor makes an honest mistake, this is not considered negligence in a court of law. Similarly, a procedure or medical intervention that results in a poor outcome does not prove negligence either. Instead, patients who believe their healthcare provider is guilty of negligence must prove that they failed to meet the standard of care. Failing to meet the standard of care means that another medical practitioner would not have taken the same action – or they would have taken an action that the practitioner in question did not.
What are the 4 D’s of medical negligence?
In order for a malpractice case to be successful, the plaintiff and their attorney must prove that the following four elements were present.
- Duty – If a doctor-patient relationship is established, the doctor now has a legal ‘duty of care’ toward the patient.
- Dereliction – Once a duty of care is established, it can be broken. In a malpractice case, it must be demonstrated how the medical industry’s standard of care was not met.
- Damages – Of course, no medical malpractice claim is complete without damages. The patient must have suffered physically, emotionally, or both as a result of their healthcare provider.
- Direct Cause – There must be no other reasonable cause for the patient’s suffering. Oftentimes, the defense will claim that causation has not been proven.