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.
Why Choose Morris Wilson Knepp Jacquette for Your Philadelphia Medical Malpractice Case?
Medical malpractice cases are some of the most complex claims in civil litigation. They require a deep understanding of medicine and the specific procedural rules governing malpractice lawsuits in Pennsylvania.
Morris Wilson Knepp Jacquette, P.C has decades of combined experience handling complex medical malpractice cases. We’ve recovered millions for our injured clients.
Families throughout Philadelphia choose us because:
- Our attorneys have decades of combined trial experience in cases involving catastrophic injuries, wrongful death, surgical errors, diagnostic failures, obstetric negligence, emergency room errors, and more.
- We take the time to listen to your concerns, explain the legal process, and help you understand what happened.
- Our firm consults with respected physicians, specialists, and healthcare professionals who help us analyze records, reconstruct care failures, and demonstrate how the standard of care was violated.
- We conduct an investigation into your medical records, hospital protocols, diagnostic data, staffing issues, and treatment decisions. We examine what went wrong and identify every responsible individual or institution.
- Our team will take your case to trial if the other side refuses to treat you fairly.
- We work on a contingency fee basis, meaning you only pay attorney fees if we win.
We’re here to be your voice when everything is on the line. Contact us today to schedule a free case review with a Philadelphia medical malpractice attorney.
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.
How to Recognize the Signs of Medical Malpractice
Medical malpractice is not always obvious. Many patients don’t realize an error occurred until days, weeks, or even months after treatment. Importantly, not every poor outcome is malpractice.
However, certain red flags may indicate that something went wrong, including:
- A sudden, unexpected deterioration after a routine procedure or treatment
- A diagnosis that contradicts previous evaluations or symptoms
- Delays in diagnosing serious conditions (e.g., stroke, heart attack, sepsis, or cancer)
- Failure to order appropriate tests, scans, or lab work
- “Never events” such as operating on the wrong site or leaving instruments inside the body
- Medication or anesthesia errors
- Multiple hospital readmissions following treatment
- A healthcare provider refusing to answer questions or offering inconsistent explanations
- Pressure to sign documents without explanation
In many cases, there may be multiple concurrent signs of possible medical malpractice. If something does not feel right about your or your loved one’s medical care, you should trust your instincts. Most medical malpractice cases begin because a patient or family member sensed something was wrong and sought answers.
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 Philadelphia birth injury 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 for medical malpractice in Pennsylvania 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.
How Long Do I Have To File a Medical Malpractice Lawsuit in Philadelphia?
In Pennsylvania, the statute of limitations for medical malpractice is generally two years from the date the patient knew (or reasonably should have known) that they suffered an injury caused by medical negligence. When malpractice results in death, surviving family members usually have two years from the date of death to file a wrongful death or survival action.
Pennsylvania law generally bars malpractice claims filed more than seven years after the negligent act, regardless of when the injury was discovered. There are limited exceptions, such as cases involving foreign objects left in the body.
These timelines can become complicated. If you fail to file the claim by the relevant deadline, you will likely lose your right to recover compensation. Therefore, it is crucial to consult a malpractice attorney as soon as you suspect negligence. You don’t want to lose out on compensation due to a technicality.
Medical Malpractice FAQs
Below are answers to some of the most common questions patients and families ask when they suspect medical negligence.
Can I bring a lawsuit against more than one party for the same injury?
Yes. Medical malpractice cases often involve multiple responsible parties. Patients rarely receive treatment from only one provider.
Depending on the circumstances, liable parties may include:
- Physicians
- Surgeons
- Nurses
- Anesthesiologists
- Radiologists
- Specialists
- Hospitals or healthcare systems
- Urgent care centers
- Laboratories
- Pharmaceutical providers
Pennsylvania’s comparative fault law allows you to bring a lawsuit against all parties whose negligence contributed to the injury. This action can maximize available insurance coverage and ensure a full investigation into errors between providers.
Does signing a consent form waive my right to bring a medical malpractice case?
No. A signed consent form does not give a provider immunity from negligence liability. If a provider failed to use reasonable care, a consent form does not bar your medical malpractice claim.
Consent forms acknowledge that a patient understands:
- The nature of the procedure
- The general risks
- Alternative treatment options
These forms authorize the medical provider to perform an agreed upon procedure. They do not permit a doctor to violate the standard of care. Negligent actions, such as failing to monitor oxygen levels, misreading scans, administering the wrong medication, or leaving a sponge inside a surgical site, are never protected by patient consent
Is there a cap on the amount of damages I can be awarded?
Pennsylvania does not cap economic damages. You can recover full compensation for your financial losses, like:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Household services
Pennsylvania also does not cap non-economic damages. These compensate for your non-monetary losses that impact you emotionally and physically on a daily basis. That means you can also recover full compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
The only cap that applies in Pennsylvania medical malpractice cases is on punitive damages. These are limited to 200% of compensatory damages and are awarded only when the provider’s conduct was particularly reckless or malicious.
Get Help From Our Philadelphia Medical Malpractice Lawyer
If you suspect medical negligence caused harm to you or a loved one, you deserve answers. Morris Wilson Knepp Jacquette, P.C. is here to help.
We have extensive experience representing injured patients throughout Philadelphia and the surrounding region. We have a track record of recovering substantial verdicts and settlements for those harmed by negligent medical providers. We will dedicate the resources you deserve and get justice for you and your family.
Contact us today for a free consultation, and let us help you understand your rights and options for moving forward.