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.
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.
To learn more about this medical malpractice news, click here.