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Medical Malpractice Attorney in Port Richmond

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Medical Malpractice Lawyers in Port Richmond
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Searching for a Medical Malpractice Lawyer Near Me?

Malpractice Attorneys serving Philadelphia

Medical Malpractice Attorney in Port Richmond Pennsylvania 19134

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 Port Richmond 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 Port Richmond 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.
Medical Malpractice Attorney in Port Richmond

How long does it usually take to settle a malpractice lawsuit?

Malpractice lawsuits can span several months or even years depending on how complex the situation is. Unlike other personal injury claims, medical malpractice settlements require the approval of the medical professional themselves. Thus working solely with their insurance isn’t an option. Some doctors will choose to dispute a claim if they disagree with the charges and refuse to accept fault. Others will gladly settle out of court to avoid a long-winded legal battle.

Talking with a medical malpractice attorney in Port Richmond about your specific case will give you a better timeline of how things are likely to unfold. Your attorney will keep you informed every step of the way as potential roadblocks arise that may extend your settlement date.

What is a good settlement offer?

Though difficult to put a dollar amount on a malpractice claim without investigation, there are a few things that point to a good settlement offer:

  • The offer accounts for the full range of damages the plaintiff suffered.
  • The offer includes not only economic losses, but a dollar amount for pain and suffering.
  • The offer accounts for past, present, and future costs associated with the injury.

The offer was made before a trial and your chances of winning in court are very slim. Research over 20 years has shown that doctors win the majority of malpractice cases when they go to trial, so if you don’t have a strong case, it may be wise to settle out of court with the help of a Port Richmond medical malpractice attorney.

What are the most common medical malpractice claims?

Misdiagnosis – Being misdiagnosed can complicate your life causing you to follow the wrong advice or even take the wrong medicines. Worst of all, it prevents the patient from being treated for whatever is actually ailing them.

Medication Errors – Taking the wrong medication or the wrong dosage can have serious side effects at best and grave consequences at worst. If you were given a harmful or incorrect drug, you may be able to sue your healthcare provider.

Surgery Errors – Experiencing a surgery error can be a haunting experience that leaves you afraid for your wellbeing and angry at the medical professionals involved. If a surgery error caused serious repercussions, you may file a medical injury claim in Port Richmond.

Failure to Treat – Imagine going to a doctor or specialist for a serious condition and not receiving treatment as promised. If a professional fails to treat your condition, this may be considered negligence and dereliction.

Childbirth injuries – Understandably, parents need everything to go right on the day their child is born. If undue harm is brought upon the mother or the baby, this may be grounds for a lawsuit.

A Port Richmond Law Firm that Cares

If you were injured as a result of a medical professional’s negligence, you have a right to financial compensation. Rosen Justice is a personal injury law firm that specializes in medical malpractice claims and defending patients’ rights. Get in touch to schedule a free consultation to find out if you have a strong medical malpractice case.

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When it comes to taking care of our clients who have been involved in an accident and need the best personal injury law firm in Philadelphia, we are second to none. Why? Because we treat each and every client that walks through our doors as if they were family. And we always go the extra mile for family. What does that mean? It doesn’t matter if you need a car accident attorney for a Philadelphia claim, or a dog bite attorney, SEPTA accident attorney , trip and fall lawyer or wrongful death attorney in Philadelphia, our team has handled all types of personal injury claims here in Philadelphia and can walk you through the process of what to expect when you hire the most relentless personal injury attorneys in the Philadelphia area.

Our 5 step process is simple. When we meet with you our goal is making sure we gather all the necessary facts to review your case so we can properly bring forth the claim and get you compensated. This includes details such as what happened, where the accident occurred, what time of day, was anyone else involved,  what injuries did you sustain and any other pertinent information. Once we have that information our team of Philadelphia personal injury attorneys will notify anyone who is involved in your claim. While this is happening we will make sure that you are getting the proper medical attention you need for your injuries whether it is seeking the care at a hospital or if necessary in your own home. Once we have established who is responsible for your injuries we will negotiate a cash settlement on your behalf. If the other party will not offer a fair settlement for your injuries, we will pursue your claim in court and get you the justice you deserve.