Philadelphia Medical Malpractice Lawyers

Medical Malpractice Lawsuits

Actionable Medical Malpractice – also called medical negligence – occurs when a physician fails to properly treat a medical condition and the negligent act or omission is the cause of a new or aggravated injury to the patient. Obviously the physician cannot be responsible for the original underlying medical problem. An experienced Philadelphia medical malpractice attorney from our office can help you determine if negligence in medical malpractice cases has occurred in a variety of situations including but not limited to:

• There may be “medical malpractice” by a delay or failure in diagnosing a disease; or
• A surgical or anesthesia related mishap during an operative procedure could constitute “medical malpractice”; or
• Malpractice may involve the physician’s failure to gain the informed consent of the patient for an operation or surgical procedure; or
• A physician who has made the correct diagnosis, may thereafter commit malpractice by failing to properly treat the disease process;
• Misuse of Prescription Drugs or a Medical Device or Implant can also be medical malpractice.

You can submit your case to a medical malpractice lawyer by filling out our “Do I have a medical malpractice claim?” online form.  Also our video Hurt by Medical Malpractice – Do I Have a Claim? can help you learn more about medical malpractice claims.

Do You Have a Medical Malpractice Claim

It is a medical malpractice lawyer’s obligation to determine as quickly and efficiently as possible whether there is a good, actionable case. Medical malpractice cases are by their very nature, complex, expensive to pursue, have a high risk of no recovery, and often involve a client’s “personal” attachment.

Medical Malpractice Claim Process Step 1

The first step in the process involves the potential client entering into an agreement with the attorney in which agreement sets forth the method of attorney compensation. Typically the attorney agrees to advance all costs, only to be repaid costs in the event of recovery, and to work on a contingent fee basis, that is, the attorney will receive a percentage of the gross recovery. Thus, the client will endure no economic loss in the event of the lack of recovery.

Medical Malpractice Claim Process Step 2

During the initial client contact, your Philadelphia medical malpractice lawyer will obtain a detailed medical history during which the medical malpractice attorney should obtain the names of all physicians and hospitals that have rendered medical treatment to the client. It is valuable for a client to prepare a written summary (timeline) of all medical treatment including dates, doctors, symptoms, conversations with medical providers, and treatment received. Thereafter, all relevant medical records are obtained by the attorney. In many medical malpractice cases, proof of negligence is found in these records.

Medical Malpractice Claim Step 3

In order to determine if there is “medical malpractice” it is necessary that a medical expert be retained to consult with the plaintiff’s medical malpractice attorney.

This expert should be well qualified to give a medical opinion, and is therefore frequently board certified in the relevant field of medicine. If, after a thorough review of the pertinent medical records, the medical expert concludes “with reasonable medical certainty that the action or inaction of the defendant physician was the cause of damage to the plaintiff,” it is appropriate to file suit against the physician/hospital. Filing suit begins the legal advocacy process which may cover a period of several years. During this period both parties exchange a series of documents. In the first stage, the legal pleading stage, the parties set forth with precision their legal theories. In the second stage called, the discovery stage, the facts to support the various legal theories are developed. If the parties are not able to resolve their differences the case, now in its third stage, will go to trial before a judge and jury.

Relevant Links

• Anesthesia
• Birth Injury/Trauma
• Brain Injuries/Trauma
• Breast Cancer
• Cancer in Women
• Pap Smear Litigation
• Medical Devices
• Dangerous Pharmaceuticals
• Emergency Room Malpractice
• Shoulder Dystocia / Erbs Palsy

If you believe that your situation warrants the attention of a Philadelphia medical malpractice lawyer, then we urge you to please contact the offices of Silverman & Fodera. We treat all cases with the utmost respect and confidentiality. If you would like to consult any of the Pennsylvania medical malpractice attorneys within our office or gather more information on this topic, call us at (800) 220-LAW1, or use the “Do I Have A Case?” link found here on this web site.

Medical Malpractice Lawyer, Philadelphia Blog

Injured by Yaz® or Yasmin®?

By Philadelphia Medical Malpractice Lawyer on October 28, 2010

CONTACT US IMMEDIATELY, TIME IS RUNNING OUT ON YOUR YAZ® or YASMIN® CLAIM.
Yasmin® and Yaz® are oral contraceptives produced by Bayer, Berlex and Bayer HealthCare Pharmaceutical and approved by the U.S. Food and Drug Administration (FDA) in 2001 and 2006 respectively. Both these birth control pills combine hormones, specifically estrogen and progestin, to prevent [...]

Category: Dangerous Pharmaceuticals

If you need a Philadelphia medical malpractice lawyer call our firm toll free at 1-800-LAW1 or fill out our free medical malpractice injury case analysis form.