Do I Have a Medical Malpractice Case?

There’s nothing quite as overwhelming as being the victim of medical malpractice. While it’s common to believe that an error always constitutes medical malpractice, it’s important to remember that a bad outcome doesn’t always warrant a claim. Doctors and other medical professionals are not perfect and because so many common illnesses have symptoms that mimic other conditions, sometimes mistakes are unavoidable. Regardless, it’s important to know when you’ve experienced an unfortunate outcome or been the victim of medical malpractice. Learn more below.

Read more: What Is Required To File A Medical Malpractice Lawsuit?

What is Medical Malpractice?

Simply put, medical malpractice occurs when a medical professional deviates from the standard of care that is owed to the patient. Common examples of medical malpractice include:

  • Failing to diagnose a condition
  • Discharging a patient prematurely
  • Prescribing or giving a patient the wrong or incorrect dosage of medication
  • Performing surgery on a patient when it wasn’t necessary
  • Failing to properly follow up on a patient after their surgery and/or treatment
  • Ignoring or misreading laboratory results
  • Performing surgery on the wrong part of a patient’s body or performing the incorrect surgery altogether
  • Misdiagnosing a condition and forcing a patient to undergo unnecessary treatment or failing to provide them with the necessary treatment
  • And more

There is a difference between medical malpractice and outright negligence. If a medical professional commits malpractice, he or she breached the duty of care that was owed to the patient, i.e. – performing in a way that another medical professional of the same experience wouldn’t have done under similar circumstances. Medical negligence, on the other hand, is when a medical professional makes a mistake but did not intend to harm the patient.

Read more: Can You Sue For Medical Malpractice Years After Treatment?

What Are Examples of Bad Health Outcomes?

Unfortunately, medical treatment can only do so much for certain conditions or a corrective surgery may only have a slight percentage of success. In many cases of bad health outcomes, a medical professional may only have a few moments to use their professional judgment in times of emergency. If a bad outcome persists, it doesn’t necessarily mean the doctor or surgeon was negligent in their professional judgement.

If you want to move forward with a medical malpractice claim, your attorney will have to examine the mitigating factors involved in your case. For example, if you or someone you love yielded a negative outcome after being sent to the emergency room, your lawyer would have to determine whether or not other physicians would have taken the same course of action in a similar emergency situation or find out how much control the medical professional had over the outcome. Your lawyer will also determine whether or not it was the hospital or nursing staff that contributed to your negative outcome. Such questions would involve:

  • Were there enough nursing staff to properly monitor you?
  • Was any of the equipment used on you old or improperly maintained?

As you can see, there are a number of factors that are involved in determining whether or not you have a valid medical malpractice case. If you’re concerned, it’s best to consult with an experienced attorney who can guide you through this process.

Read more: What Is The Statute Of Limitations On Medical Malpractice Lawsuits?

Contact A Medical Malpractice Attorney For A Consultation About Your Medical Malpractice Case In Pennsylvania

Were you or a loved one injured due to medical malpractice in Pennsylvania? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Philadelphia medical malpractice attorneys at the Marrone Law Firm, LLC are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout Pennsylvania, including Cherry Hill and Philadelphia. Call us today at 215-709-7360 or fill out our online contact form to schedule a consultation. Our main office is located at 200 South Broad Street, Suite 400, Philadelphia, PA 19102 and we also have offices at 532 Marlton Pike West, 2nd Floor, Cherry Hill.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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