At Morris Wilson Knepp Jacquette, P.C., we provide legal representation in medical malpractice claims. This means that our firm fights for those who have been harmed by care providers due to a failure to provide quality, professional care.
Medical malpractice claims often hinge on technical issues, including whether the care provided was reasonable given the doctor’s background and whether the underlying injuries or illnesses damaged the victim, or if the negligent medical care played a role. Having the right legal professional guide you through your Philadelphia hospital malpractice claim is essential because of the complex nature of these cases.
At Morris Wilson Knepp Jacquette, P.C., we can give you the legal help you need. Call us today at (610) 825-0500 to schedule a free consultation with one of our Philadelphia medical malpractice lawyers and find out more about how we can represent you.
What Is Medical Malpractice?
Medical malpractice occurs when a patient receives substandard care, or less than professional care, from a medical professional. This could be a doctor, nurse, surgeon, anesthesiologist, dentist, optometrist, or anyone else with professional training and credentials who is supposed to be caring for the patient.
Filing a medical malpractice claim allows victims to pursue compensation for the damages they sustained as a result of the negligent care they received.
What Elements Are Needed To Prove a Medical Malpractice Claim in Philadelphia?
There are several elements of medical malpractice claims that a plaintiff must prove to recover compensation. To obtain compensation, a malpractice victim must show:
- The care provider owed a duty of care. Doctors and other medical professionals are legally obligated to provide a standard of care consistent with what a reasonably competent professional with similar training and experience would offer. This duty exists to protect patients from preventable harm. For example, a cardiologist is expected to recognize heart problems that a general practitioner might miss.
- The care provider breached that duty. Negligence occurs when a medical professional fails to meet the expected standard of care. This can happen through actions, such as prescribing the wrong medication, or through omissions, such as failing to order a diagnostic test that could have revealed a serious condition. In either case, the breach indicates the care was below the expected standard.
- The breach directly caused harm. Because patients often have preexisting conditions or injuries, it is necessary to show that the provider’s actions or inactions worsened the patient’s condition or caused new harm. For example, if a delayed diagnosis of a heart attack led to additional damage that could have been avoided with timely care, that harm can be directly attributed to the provider’s breach.
- The breach resulted in compensable damages. To pursue a medical malpractice claim, the patient must have suffered measurable losses as a result of the breach. These can include medical expenses, lost income, ongoing treatment costs, or physical and emotional pain and suffering. Demonstrating these damages is essential to securing compensation for the harm caused by the malpractice.
At Morris Wilson Knepp Jacquette, P.C., we can help victims prove each of these elements of their claim so they can maximize the chances of being compensated.
Who Can Be Held Liable For Medical Malpractice?
Medical malpractice can involve multiple parties, depending on the circumstances. While the individual doctor or medical professional is often the first to be considered, healthcare facilities and other staff may also bear responsibility.
A care provider who fails to meet their professional duties may be held responsible for any resulting harm. Liability can extend beyond the individual doctor, as other medical staff acting within the scope of their employment may also bear responsibility.
Healthcare facilities can be held accountable for the on-the-job negligence of their employees. For instance, a clinic or hospital may be liable if a surgeon, anesthesiologist, or other medical professional working for the facility fails to fulfill their obligations.
A facility may also be responsible for harm resulting from its own negligent policies or procedures. For example, if a clinic lacks adequate screening processes to ensure that its doctors are properly trained, negligent hiring practices could make the facility liable for any resulting patient harm.
How Do You Recover Compensation For Medical Malpractice?
If you or someone you love is harmed by medical negligence, you may be able to pursue a claim for medical malpractice.
You can file a civil lawsuit to make your case, but will need to comply with certain requirements including those set forth under 231 Pennsylvania Code Rule 1042.3, which requires an “appropriate licensed professional” to sign a “certificate of merit” stating that there is a “reasonable probability” that the care provider being sued “fell outside acceptable professional standards” and harmed the plaintiff as a result.
At Morris Wilson Knepp Jacquette, P.C., our Philadelphia emergency room malpractice attorney can help you get your certificate of merit and can work with you to put together the strongest case possible to show that you were harmed and are deserving of compensation for losses. Our firm can assist in pursuing an out-of-court settlement or court verdict, depending on what’s most appropriate for your circumstances
What Kinds Of Damages Are You Entitled To Receive In A Philly Medical Malpractice Case?
Compensation for medical malpractice in Philadelphia should provide payment of all the funds you need to be made whole. This means you should recover compensation for:
- Medical bills due to the care provider’s failure
- Lost wages resulting from any time you had to take off work
- Reduced earning power if you’ve been left with ongoing injuries that mean you can’t work
- Pain and suffering
- Emotional distress damages for things like PTSD or anxiety resulting from the incident
At Morris Wilson Knepp Jacquette, P.C., we will help you to prove the extent of your damages so you can get the money you deserve.
Get Help From Our Philadelphia Medical Malpractice Lawyer
When you need a trusted Philadelphia medical malpractice lawyer, Morris Wilson Knepp Jacquette, P.C. is here to help. We won’t charge any legal fees unless we win, and we will bring our decades of experience to your claim to hold care providers and hospitals accountable. Give us a call today to learn more.