When a medical provider makes a mistake and injures a patient, the patient may wonder whether they have grounds for a medical malpractice claim. Medical malpractice laws allow you to hold healthcare providers accountable when they fail to provide the proper standard of care. However, determining whether you have a valid claim requires complex analysis. The sections below discuss the elements and procedures of Philadelphia medical malpractice claims.
Not Every Medical Mistake Is Malpractice
Skilled doctors and healthcare professionals can make decisions that lead to injuries or adverse health conditions. A bad result, by itself, does not mean malpractice occurred.
Medical malpractice occurs when a healthcare provider fails to meet the relevant professional standard of care. This standard refers to the level of care, skill, and judgment that a reasonably competent medical professional with similar training would have provided under the same or similar circumstances involving an injured patient.
Malpractice arises only when a provider deviates from accepted medical practices, and that deviation causes injury. Medical malpractice claims almost always rely on expert testimony from qualified medical professionals who can explain what the appropriate standard of care was and if it was breached.
Elements of a Medical Malpractice Claim
To succeed in a medical malpractice case, you must prove four elements. If you fail to establish any one of these elements, you will lose your claim.
Provider–patient relationship
You must show that you and the healthcare provider had a formal relationship. This establishes the provider’s duty to provide the proper professional standard of care.
Breach of the standard of care
You must show that the provider’s actions/decisions fell below the accepted standard of care in their discipline. Errors could involve a misdiagnosis, surgical error, medication mistake, or failure to properly monitor or treat a patient.
Causation
You must prove that the breach of the standard of care directly caused your injury or worsened your condition.
Damages
Finally, you must show that you suffered damages, such as physical injury, additional medical expenses, lost income, and/or pain and suffering.
Common Types of Medical Malpractice
Medical malpractice can take many forms and involve almost any type of medical professional. Some of the most common types of malpractice claims include:
- Delayed diagnosis (or misdiagnosis)
- Surgical errors
- Medication errors
- Birth injuries
- Anesthesia errors
- Emergency room mistakes
- Failure to obtain informed consent
- Failure to monitor a patient’s condition
Defendants in such cases often include hospitals, physicians, nurses, anesthesiologists, pharmacists, or other medical professionals. In some situations, multiple parties may share responsibility for the malpractice. Every party that contributed to your condition can be held liable for your Pennsylvania med mal claim and damages.
An Experienced Medical Malpractice Lawyer Can Help You Determine if You Have a Case
The best way to determine if you have a medical malpractice case is to consult with an experienced Philadelphia birth injury attorney. A medical malpractice lawyer can review your medical records, consult with medical experts, and evaluate whether your injury/condition resulted from substandard care. An attorney can guide you through the strict procedural rules (such as filing a certificate of merit) and deadlines inherent to malpractice claims.
If you believe a healthcare provider’s negligence caused you harm, contact Morris Wilson Knepp Jacquette, P.C. for help understanding your rights and legal options.