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Medical Malpractice Lawsuits in Philadelphia – What You Have to Prove to Win
Medical malpractice cases are some of the most complex types of injury lawsuits filed in Philadelphia.
Success usually boils down to proving that:
- the medical provider’s conduct or failure to act fell below the applicable standard of care, and
- that negligent conduct, such as a missed diagnosis, caused the alleged harm.
Standard of Care in Philadelphia Medical Malpractice Lawsuits
In medical malpractice cases, the standard of care is the generally accepted level of care and caution exercised by a medical provider of similar education, skill and training. The standard of care applicable to a family doctor will vary from the standard of care applicable to an OBGYN.
To prevail, a patient must prove what the applicable standard of care is and how the medical provider breached that standard. This requires hiring a medical expert to review the case and render an opinion, which will form the basis of the attorney’s Certificate of Merit. In complex medical malpractice cases, multiple experts may be necessary, including specialty medical care experts, emergency care experts, infectious disease experts, etc.
Certificate of Merit
Essentially, the patient’s attorney certifies that an expert has reviewed the case and provided a written statement indicating a reasonable probability that the defendant’s medical treatment fell below the acceptable standard of care and caused harm.
This certificate is required in every medical malpractice case filed in Pennsylvania. Learn more about the Certificate of Merit requirement in PA medical malpractice lawsuits.
Amended Law Helps Patients File Pennsylvania Medical Malpractice Claims, Effective January 1, 2023
As of January 1, 2023, a change to Pennsylvania's Rules of Civil Procedure will give patients the ability to choose where to file their medical malpractice lawsuits. Previously, patients were required to file medical malpractice claims in the county where the negligent conduct occurred. In January, cases may be filed in any county where 1. the defendant can be served (i.e., does business, has an office, etc.), 2. the negligent conduct took place, or 3. a relevant transaction or event took place.
Our Pennsylvania medical malpractice lawyers accept cases throughout the Philadelphia area. Our Philadelphia office is located in South Philly. Call for a FREE, NO OBLIGATION consultation. (610) 825-0500
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Causation in Medical Malpractice Cases
In Philadelphia medical malpractice cases, Pennsylvania law requires the plaintiff to prove by a preponderance of the evidence that the defendant’s actions were the legal cause, i.e., a substantial factor in bringing about the resulting harm or injury.
In most cases, such as delayed diagnosis or failure to treat, the plaintiff must be able to show that the harm or injury would have been avoided had the defendant acted in accordance with the applicable standard of care. In other words, the delayed diagnosis or failure to treat made a difference in the outcome.
For example, in a delayed cancer misdiagnosis in Philadelphia, the patient’s family doctor delays in ordering a colonoscopy despite the patient reporting classic symptoms of colon cancer. A year later, the patient’s advanced colon cancer is discovered during an emergency room visit for extreme abdominal pain. The type of cancer is known to be treatable in its early stages, but due to the advanced nature of the cancer, the majority of the colon is surgically removed. The patient now has a significantly reduced chance of survival and a high chance of recurrence. Here, the patient must be able to show that the delay in ordering a colonoscopy caused the cancer to advance and thus negatively impacted the treatment outcome including the chance of survival.
Pennsylvania Medical Malpractice Law Firm
Our law firm understands what’s at stake in medical malpractice cases and treats our clients with the utmost care and compassion. Our Pennsylvania medical malpractice lawyers have successfully handled medical malpractice cases against hospitals across Pennsylvania and helped patients and their families secure financial compensation. Call for a FREE consultation. (610) 825-0500
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We Accept Medical Malpractice Cases Against Hospitals in the Philadelphia Area
Cases Also Accepted Across Pennsylvania
Philadelphia County
Chestnut Hill Hospital Einstein Medical Hahnemann Hospital Hospital of the University of Pennsylvania Jeanes Hospital | Methodist Hospital Pennsylvania Hospital Roxborough Memorial Hospital Temple University Hospital Thomas Jefferson University Hospital |
Delaware County
Crozer-Chester Medical Center (Upland) Delaware County Memorial Hospital (Drexel Hill, Upper Darby) | Springfield Hospital (Springfield) Taylor Hospital (Ridley) |
Montgomery County
Abington Hospital (Abington, Lansdale) Bryn Mawr Hospital (Bryn Mawr) Einstein Medical (East Norriton, Elkins Park) | Holy Redeemer Hospital (Meadowbrook) Lankenau Hospital (Wynnewood) Suburban Community Hospital (Norristown) |
Children's Hospitals
Children’s Hospital of Philadelphia (Phila., West Chester, East Norriton, Meadowbrook, Doylestown, Langhorne, Sellersville, etc.)
St. Christopher's Hospital for Children
Shriner's Hospitals for Children
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