Medical Malpractice Lawyer In Philadelphia, PA
Have you suffered serious injuries due to the negligence of a health care professional? Did you lose a loved one due to medical malpractice in Pennsylvania? When doctors, nurses and hospitals make medical errors, patients are often left suffering the serious consequences.
At Marciano & MacAvoy, P.C., our Philadelphia medical malpractice attorneys understand the severity of medical errors and we are dedicated to helping medical malpractice victims obtain justice. Contact us today to schedule a free consultation with a member of our legal team in Philadelphia by calling 215-866-1942.
Pennsylvania Medical Malpractice & Your Legal Options
From cancer misdiagnosis to surgical errors, health care providers in Pennsylvania make mistakes all the time. According to the Unified Judicial System of Pennsylvania, more than 1,500 medical malpractice cases are filed in the State of Pennsylvania every single year. More than 300 of those claims are filed in Philadelphia County alone.
These cases are filed by patients who were injured due to the negligence of doctors, physicians, nurses, pharmacists and other healthcare professionals. Negligence on the part of a healthcare provider can result in life-altering injuries, even the wrongful death of a patient. Those injured are often left dealing with physical pain, emotional suffering, expensive medical bills, lost income and an uncertain future.
Fortunately, Pennsylvania’s medical malpractice laws provide a way for victims of medical negligence and their families to seek compensation for the damages that they’ve incurred as a result of medical negligence.
Philadelphia Medical Malpractice Attorneys Help Injured Victims
At Marciano & MacAvoy, P.C. our Philadelphia medical malpractice lawyers are dedicated to helping victims of medical negligence obtain just compensation for their damages.
We serve clients throughout the Greater Philadelphia Area from our offices in Philadelphia, PA, including injured patients seeking legal representation in:
- Center City Philadelphia
- South Philadelphia
- West Philadelphia
- Northeast Philadelphia
- Spring Garden Area
- Old City Philadelphia
- Northern Liberties
- Philadelphia County
- Delaware County
- Chester County
- Montgomery County
- and other locations.
What Our Clients Say About Our Law Firm
"The medical malpractice lawyers at Marciano & MacAvoy, P.C. are top notch. I contacted the attorneys at Marciano & MacAvoy, P.C. after being injured in a hospital while receiving treatment for a medical condition. The entire legal team was very helpful from the start and clearly knew their stuff. They were able to help me file a medical malpractice lawsuit and get the money I needed from the responsible parties. I would highly recommend these guys to anyone looking for medical malpractice lawyers in the Philadelphia area."Rating: 5.0 ★★★★★
Types of Cases We Handle
Our attorneys in Philadelphia handle all types of medical malpractice cases in PA including those involving:
- Failure to diagnose
- Delayed diagnosis
- Improper treatment
- Medication errors
- Surgical errors
- Anesthesia mistakes
- Childbirth injuries
- Cancer misdiagnosis
- Delayed cancer diagnosis
- Missed cancer diagnosis
- Lymphoma misdiagnosis
- Pancreatic cancer
- Breast cancer
- Colon cancer mistakes
- Prostate cancer errors
- Lung cancer diagnosis
- Ovarian cancer
Learn More About Us By Visiting Our Law Firm’s Other Online Profiles
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- Philadelphia Office
Can I File A Lawsuit Against My Doctor Or The Hospital?
Pennsylvania’s medical malpractice laws allow individuals and families affected by medical malpractice to seek compensation for the damages that they’ve incurred. However, in order to successfully file a medical malpractice lawsuit against a negligent party, you must be able to prove that certain elements exist in your case.
Defining Medical Malpractice: When Healthcare Professionals Act Negligently
Medical malpractice is defined as negligence by a healthcare professional that results in patient harm. In short, healthcare providers can be held liable when the treatment they provide falls below the accepted standard of care, resulting in the injury or death of a patient.
With regard to medical malpractice law, the term “standard of care” is defined as the type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances.
Basic Elements of A Medical Malpractice Lawsuit
But it’s not enough to prove that a doctor or other healthcare professional provided treatment that was substandard. There are many other elements that must exist in order to prove that malpractice occurred.
1.) Duty: A Standard Of Care Was Owed To You By The Physician
This is the first and most fundamental element of a medical malpractice case. You must be able to prove that a duty of care was owed by the healthcare provider that allegedly acted negligently. This is usually easy because as long as a patient-doctor relationship exists, then a duty of care is inherently owed by the doctor.
2.) Breach Of Duty: The Physician Acted Negligently
You must also be able to prove that the health care provider acted negligently by breaching the standard of care owed to you. This is where you must demonstrate that the doctor or healthcare professional provided substandard care. Substandard care can include negligent actions, such as prescribing the wrong medication, as well as acts of omission, such as failing to diagnose an illness.
3.) Damages: You Were Physically Injured Or Harmed In Some Way
In addition to proving that a healthcare professional acted negligently by providing substandard care, you must also demonstrate that the negligence directly resulted in you suffering damages such as injuries.
In other words, if a surgeon makes a mistake during surgery, one that other surgeons with similar training would not have made under the same circumstances, but you do not suffer any harm from the surgeon’s negligence, then malpractice did not occur. However, if the surgeon makes a mistake and you suffer serious injuries then you may have grounds for to sue for medical malpractice.
4.) Causation: Your Damages Were Directly Caused By The Negligence
Finally, you must show that the damages that you suffered were directly caused by the negligence of the healthcare provider. Using the previous example, you must prove that the surgical error directly caused the damages that you suffered.
If you suffer serious injuries during a surgery, but those injuries were not caused by the negligence of the doctor and were instead a standard well-known risk of performing the surgery, then medical malpractice would not have occurred. However, if the serious injuries that you suffered were a direct result of the negligence of the surgeon and you would not have suffered those injuries had you received treatment that was up to the standard of care, then you would have grounds for a medical malpractice lawsuit.
Local Resources For Medical Malpractice Victims In Philadelphia
If you are suffering from the mistakes of a medical professional, you may have grounds to file a medical malpractice lawsuit. But there are many essential steps to complete before filing a medical malpractice claim, such as contacting medical experts for a certificate of merit or contacting the medical licensing board in Pennsylvania.
Our legal team has created a list of local resources for victims of medical malpractice and their families who are considering filing a medical negligence claim in Philadelphia, PA:
- Pennsylvania State Board Of Medicine
- Medical License Inquiries For Consumers
- Medical Professionals & Medical Practice Information
It is also advisable to contact an attorney as soon as possible to discuss your legal options and begin the legal process. You can contact our lawyers today for a free consultation by filling out our contact form here.
Local Community Events By Marciano & MacAvoy, P.C.
Do I Have Grounds For A Medical Malpractice Claim In PA?
Medical Malpractice News In Pennsylvania
By Kevin Marciano, Esq.
July 20, 2017 – Wisconsin Medical Malpractice Damages Cap Ruled “Unconstitutional” By Appeals Court
An appeals court in Milwaukee has ruled that Wisconsin’s $750,000 cap on medical malpractice pain and suffering damages is unconstitutional, the Milwaukee Journal Sentinel reports. The First District Court of Appeals decision will allow Ascaris Mayo, a 57-year-old woman who lost all of her limbs after doctors failed to diagnose an infection, to collect the $25.3 million awarded to her. Mayo’s case is now expected to be appealed again, this time up to Wisconsin’s Supreme Court.
July 5, 2017 – House Narrowly Passes National Medical Malpractice Damages Cap, Statute Of Limitations
As Senate Republicans struggle to secure the votes necessary to pass their sweeping healthcare reforms, policymakers in the House of Representatives have been quietly ratifying their own slate of legislative changes designed to transform America’s medical system. On Wednesday, June 28, the House passed in a 218 to 210 vote a bill that would cap the amount of noneconomic damages available in medical malpractice lawsuits at $250,000 nationwide, according to The Hill.
No Democrats voted for the bill, which would also set a national statute of limitations for medical negligence claims of three years after the date of injury. Nearly 20 Conservative politicians dissented, too, including centrists and libertarian-leaning Representatives.
June 19, 2017 – Foghat Musician Settles Failure To Diagnose Cancer Lawsuit With Reading Hospital
Pennsylvania’s Reading Hospital has struck an undisclosed settlement agreement with Craig MacGregor, bassist for the English rock band Foghat, over his allegations that the medical facility failed to diagnose a case of lung cancer in 2012. MacGregor had been hospitalized that year after taking a fall, but was soon released with a clean bill of health. His true condition was only discovered three years later, the Reading Eagle reports, when a new doctor reviewed his old medical charts. At that point, his cancerous tumor had already grown in size and spread to his brain.
June 9, 2017 – Florida Supreme Court Strikes Down “Unconstitutional” Medical Malpractice Damage Cap
Florida’s Supreme Court has ruled that a law placing caps on the pain and suffering damages awarded in medical malpractice lawsuits is unconstitutional, the Palm Beach Post reports. In their decision, the four-Justice majority held that “caps on noneconomic damages […] arbitrarily reduce the damage awards for plaintiffs who suffer the most drastic injuries.” Placing a blanket limit for all medical malpractice plaintiffs unfairly discriminated against those patients who truly deserve large awards, the State’s highest court wrote. The Court’s majority also took issue with conservative lawmakers’ characterization of a “medical malpractice crisis,” having found no evidence that such a crisis exists.
June 1, 2017 – Iowa Enacts Medical Malpractice Restrictions
Republican lawmakers have passed a raft of changes to Iowa’s medical malpractice system, hoping to attract more doctors to a State facing a serious shortage of trained physicians.
The new law, signed by Governor Terry Branstad on May 5, limits the noneconomic damages available in malpractice claims to $250,000, although exceptions have been created for cases involving serious impairments, disfigurement and death. Legislators have also raised the standard for expert testimony delivered at trial, while requiring that plaintiffs submit a “certificate of merit” to substantiate their claims.
May 18, 2017 – Pennsylvania Judge Orders Federal Government To Cover $4 Million Of Birth Injury Judgment
A Pennsylvania federal judge has ordered the United States government to pay $4 million of compensation to a child who developed cerebral palsy and other major birth defects due to medical negligence. In a decision announced on April 14, 2017, District Judge Mark A Kearney ruled that the government should be held partially-accountable for the negligent medical care provided by physician Clinton Turner, who works at a federally-qualified medical facility in the Delaware Valley. The family has been awarded a total of $8 million. The remaining half of the judgment will be paid by Dr. Turner himself.
March 23, 2017- Hospital Sued For $9 Million For Alleged Negligence
A man from Astoria has filed a $9 million medical malpractice lawsuit against a city hospital. The man alleges that a radiologist was negligent in treating him and missed signs of a stroke. His lawsuit states that the man went to the hospital with slurred speech and a facial droop, but when the radiologist performed an MRI, no abnormalities were found.The man ended up experiencing respiratory failure and was left with a traumatic brain injury and partial paralysis.
March 16, 2017- Toddler Receives $46.5 Million In Medical Malpractice Verdict
Following a two-week trial, a toddler received a jury verdict of $46.5 million in compensatory damages. The damages were against a family doctor and Ouachita County Medical Center. The toddler’s parents alleged that there had been medical negligence and failure to correctly manage and treat their newborn who had jaundice shortly after her birth in 2014. This negligence led to the development of kernicterus in their baby’s brain. Now a toddler, their child has normal cognitive function but she cannot walk, talk, feed herself or do anything independently.
March 9, 2017- Army Vet Awarded 2.5 Million In Medical Malpractice Lawsuit
A U.S. Army vet filed a medical malpractice lawsuit against the Phoenix VA and was awarded $2.5 million. A U.S. magistrate ruled that a nurse practitioner who found abnormalities in the vet’s prostate in 2011 should have taken more action and ordered extra tests. After this initial exam, the vet found that he had stage 4 prostate cancer, 11 months later. He was given a very short time to live. The vet stated that the lawsuit was not about money but about the injustices vets faced at VA with delays in care.
March 2, 2017- Hospital Pays $500,000 For Colonoscopy Death
Crawford County Memorial Hospital paid out $500,000 for a medical malpractice lawsuit that resulted in a 67-year-old woman’s death. The 67-year-old woman went in for a routine colonoscopy procedure that ended badly. Her husband filed a lawsuit alleging that the surgeon who worked on her accidentally tore the woman’s colon during the colonoscopy. During the procedure, the surgeon knicked a portion of the patient’s anatomy. When the mistake was discovered the surgeon scheduled a follow-up appointment. The woman underwent a surgery to repair the damage. However, it was unsuccessful because the tear caused intestinal contents to leak into the abdomen which resulted in a life-threatening infection that immediately put the patient in danger. She passed away eight days after the procedure.
February 21, 2017- Surgeon Given Life Sentence For Botched Surgery
A Dallas neurosurgeon is the first known surgeon to be sentenced to prison for life for a botched surgery. The doctor was found guilty of causing injury to patients whom he had maimed or paralyzed in surgeries that went horribly wrong. Two of his patients died during his surgeries. The 12 member jury of his case listened to testimonies from fellow doctors, nurses, and other medical professionals who were horrified by what they saw the neurosurgeon do in his surgeries. For more information about the surgeon’s medical malpractice trial and sentencing click here.
February 17, 2017- Willow Grove Widower Alleges Medical Malpractice In Wife’s Death
In Philadelphia, a Willow Grove widower is alleging medical malpractice from a local medical facility and its doctors that resulted in his wife’s death from a subarachnoid hemorrhage. His wife went to the Emergency Department at Abington Memorial Hospital with what she described as lightheadedness, generalized aches and fever. She was subsequently prescribed dosages of Heparin and a few days later was found unresponsive. It was learned she had suffered a subarachnoid hemorrhage. The deceased woman’s husband filed a lawsuit in the Philadelphia County Court of Common Pleas, against Abington Medical center, Abington Jefferson Health, Jefferson Health, four doctors and Abington Adult Medical Associates.
February 13, 2017- Two Pittsburgh Medical Malpractice Whistleblower Lawsuits Settled
Two medical malpractice lawsuits against UPMC neurosurgeons that were scheduled for trial in Allegheny County Court of Common Pleas have been settled. The lawsuits shared parts of a federal whistleblower lawsuit filed against the Pittsburgh hospital system. The federal false claims lawsuit stated that UPMC favored profits before patients by awarding inappropriate bonuses to neurosurgeons for the number of procedures performed and by encouraging unnecessary procedures. For more details about the medical malpractice lawsuits click here.
February 3, 2017- $53 Million Verdict Awarded For Medical Malpractice Lawsuit
A woman from Illinois was recently awarded $53 million in a medical malpractice verdict. The money was awarded to the woman and her 12-year-old son who was born with cerebral palsy and an intellectual disability. The woman’s case stated that 12 years ago when she was nearly 40 weeks pregnant, she went to an Illinois hospital after she experienced decreased fetal movement from her unborn child. Upon evaluation, it was determined that her unborn child was in fetal distress. Unfortunately, 11 hours passed before she was seen by an obstetrician and an emergency C-section was performed. The damage had already been done to the baby and he was born with brain damage which was later diagnosed as severe cerebral palsy and a seizure disorder. He is now dependent on his mother to help feed and clothe him and is wheelchair bound. The jury listening to the case awarded the woman and her son the largest verdict on record in the county.
January 31, 2017- Woman Sues Medical Center For Medical Malpractice
A woman recently filed a medical malpractice lawsuit against Alta Bates Summit Medical Center for the death of her father in 2005. The woman alleges that her father passed away as a result of medical malpractice. In her lawsuit, she states that there was misdiagnosis and delayed treatment of her father. She states that her father’s condition should have been properly diagnosed by a physician who is an expert in internal medicine. Read more about this complaint here.
January 20, 2017- Plastic Surgeon Commits Medical Malpractice For Brazilian Butt Lift Procedures
A Michigan woman endured a four-month hospital stay for what was supposed to be an in and out Brazilian butt lift procedure. She stated she experienced extreme pain that would not go away after the procedure and was admitted to hospital. Exploratory surgery revealed that she had several punctures in her liver as well as damage to her chest and abdominal walls. The plastic surgeon is believed to have pushed the cannula at an inappropriate angle through a thick layer of muscle that is the abdominal wall. A judge presiding over the woman’s lawsuit after this incident found the evidence presented at the hearing proved that the surgeon did, in fact, damage the woman’s organs during surgery. Another woman also filed a lawsuit with the same allegations for the same procedure. For more information about this lawsuit go here.
January 12, 2017- Surgeon Removes Healthy Kidney From The Wrong Patient By Mistake
A surgeon from a Massachusetts hospital removed a healthy kidney from another patient in a case of mistaken identity. The mistake took place because the two patients shared the same name and the surgeon removed a healthy kidney from the patient without a tumor. Federal and state health investigators discovered that the doctor did not confirm the patient’s identity before he operated, had he done so he would have realized that there was a mix-up. This mistake was not discovered until tests were done on the kidney post surgery and it had already been removed.
January 4, 2017- Young Mother’s Medical Malpractice Case Settled
The husband of a young mother who died shortly after childbirth filed a multi-million-dollar lawsuit against Geisinger Wyoming Valley Medical Center in Plains Township. The lawsuit alleged that doctors ignored a number of warning signs that caused a urinary tract infection to run rampant in the young mother and caused organ failure. The lawsuit has been settled for an undisclosed amount. For more information about the case click here.
December 21, 2016- Woman Files Medical Negligence Suit Against Doctor Already Facing Sexual Misconduct Charges
A woman from Plover is filing a medical malpractice lawsuit against a former Plover doctor who is already facing charges of sexual misconduct with patients and Ministry Health Care as defendants. The doctor was accused a year ago of sexual misconduct with seven female patients. The negligence lawsuit seeks an unspecified amount in damages.
December 15, 2016- West Virginia Woman Awarded Maximum Amount For Unnecessary Hysterectomy
A woman from West Virginia and her husband were recently awarded the maximum amount allowed by the state for medical malpractice lawsuits. She was awarded $672,681.67 for a lawsuit against the United States for undergoing an unnecessary hysterectomy. She had the procedure done after the birth of her first child in 2013. The reason behind the lawsuit being filed against the United States is because the doctor who performed the surgery is an employee of the federally-funded Access Health Associates clinic in the city of Beckley. The woman had a hysterectomy for vaginal bleeding she suffered a few days after giving birth. She wanted to have more children and after a hysterectomy was performed it was later realized that there was a chance her uterus could have been saved if the doctor had explored more options beforehand.
December 13, 2016- Richmond Medical Center Faces Five Separate Medical Malpractice Lawsuits
Investigators from a Richmond news channel discovered that a medical center, Hunter Holmes McGuire Medical Center in Richmond, has five medical malpractice lawsuits filed against them. The lawsuits state various types of medical malpractice. For example, one case has a family seeking $2 million for the death of a loved one who was being treated for dementia but ended up breaking his femur and later died from a bowel obstruction. The rest of the cases have different reasons for what went wrong.
December 7, 2016- Jury Returns A $14.5M Verdict In Medical Malpractice Case
The family of an 8-year-old girl who filed a medical malpractice lawsuit has been awarded $14.5 million by a Clark County jury. In this lawsuit, the plaintiffs alleged that the girl suffered a debilitating brain injury because doctors did not diagnose and treat a genetic blood disorder. The baby was delivered prematurely at Sunrise Hospital and Medical Center in Las Vegas and was treated for 11 weeks in the neonatal intensive care unit. During this time doctors neglected to tell her parents that she was suffering from severe anemia or that her body was not producing enough red blood cells. She suffered brain damage that left her mostly blind and unable to walk or speak.
November 25, 2016- Dental Clinic Sued For Medical Malpractice
Children’s Dental Group has had a medical malpractice lawsuit filed against them. The lawsuit was filed on behalf of a patient who was hospitalized with a dental infection that was acquired during an outbreak this year. The lawsuit was filed on behalf of a 4-year-old patient by her mother after she underwent a pulpotomy at the dental group’s Anaheim Clinic. She was later hospitalized with mycobacterial infection which was caused by the clinic’s contaminated water supply. It was also alleged that the clinic uses unethical and illegal practices in order to maximize profits.
November 17, 2016- Woman From Norwalk Awarded $2 Million In Medical Malpractice
A doctor from Norwalk agreed to pay a woman who filed a lawsuit claiming she was misdiagnosed, a $2 million settlement. The woman’s lawsuit stated that she was misdiagnosed for what she called the “worst headache of her life”. She went to see the doctor for a serious headache but he neglected to perform an appropriate physical and neurological exam. Failing to do so meant the doctor did not realize that she was having a neurovascular episode. She later suffered a ruptured intracranial aneurysm which resulted in permanent injury.
July 17, 2016 – New Bill Borrows $200 Million From Pennsylvania’s Medical Malpractice Insurance Fund
A new tax bill was recently passed by Pennsylvania legislature that will affect the total funds available in one of the State’s medical malpractice insurance funds.
The new bill includes a $1.3 billion revenue package that is partially funded by borrowing $200 million from PA’s medical malpractice insurance fund, with the rest of the funding coming from increases in certain taxes and other revenue generating initiatives. Pennsylvania Governor Tom Wolf signed the bill after it passed the state House with a 116-75 vote and the state Senate with a 28-22 vote.
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