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What Are the Basics of Medical Malpractice Claims in Philadelphia?

On behalf of Soloff & Zervanos, P.C.

Medical mistakes kill hundreds of thousands of people each year in this country. These incidents occur in a variety of ways, and it is important that victims have a way to secure compensation for their losses. At Soloff & Zervanos, P.C., our Philadelphia medical malpractice attorneys want to discuss the basics of these cases and how we can help secure the compensation victims are entitled to.

How do these cases arise?

There are many different ways in which medical providers can make a mistake and cause harm to a patient. According to researchers at Johns Hopkins University, medical mistakes are now the third leading cause of death in this country. Some of the most common causes of medical errors include:

  • Misdiagnosis
  • Failure to diagnose a condition
  • Failure to treat a patient’s condition
  • Surgical mistakes
  • Medication mistakes
  • Anesthesia errors
  • Healthcare-acquired infections
  • Emergency room malpractice

What is the standard of care?

When determining whether or not medical negligence has occurred, it needs to be examined whether or not the healthcare professional breached the acceptable standard of care.

Standard of care is generally defined as how a similarly trained medical professional what has reacted in a situation with a patient suffering from the same particular illness or injury. If it is discovered that a medical professional did not treat a patient at the acceptable standard of care, they may have committed medical negligence.

What is the time limit to file a medical malpractice claim?

Every state establishes a statute of limitations for medical malpractice cases. These laws dictate how long a patient has to file a lawsuit against an alleged negligent medical provider. In Pennsylvania, the statute of limitations for medical malpractice claims against a negligent medical provider is two years. The two-year countdown begins from the point at which the patient discovers or should have reasonably discovered that a medical mistake occurred.

If a minor is injured due to a medical mistake, the two-year statute of limitations does not begin until the child reaches the age of 18.

What type of compensation is available in these cases?

If you or somebody you care about has been injured due to the careless or negligent actions of a medical professional, you may be entitled to significant compensation. At Soloff & Zervanos, P.C., we have vast experience handling medical malpractice cases and will work to secure any compensation you are entitled to. This could include:

  • Coverage of all medical expenses related to the medical mistake
  • Lost wages and benefits if you cannot work while recovering
  • Loss of enjoyment of life damages
  • Pain and suffering damages
  • Possible punitive damages against the healthcare provider or agency responsible

In Pennsylvania, there are no caps in place on how much a person can receive for economic or non-economic damages in a medical malpractice case. State law caps punitive damages at 200% of compensatory damages. When you need a Philadelphia medical malpractice attorney, you can contact us for a free consultation by clicking here or calling us at 866-597-8572.