Medical Malpractice

Medical Malpractice

If you or a loved one has been injured due to the carelessness or wrongdoing of a medical professional, you may be eligible to seek compensation for your losses and suffering. A medical malpractice lawsuit, filed with the help of an experienced and knowledgeable attorney, not only recognizes and helps to amend your suffering, but it can also help to protect others from experiencing similar injuries because of preventable medical mistakes.

Medical Malpractice Lawyers Practice Areas

A medical malpractice lawyer can help you and your family seek recognition and reparations for your losses. Our medical malpractice attorneys operate on a “contingency” basis, meaning they are only paid if they win your case. It will cost you nothing to learn more about your legal rights and options. It will cost you nothing to pursue the compensation you deserve.

We invite you to use our site to find a lawyer near you who is an expert in medical malpractice cases. Then submit your claim for a free, no-obligation consultation. We highly value and respect your privacy and will hold the information you provide in the strictest confidence. Your information will only be used by our attorneys to determine how they can best serve you.

Below is a wealth of information about medical malpractice topics so that you can learn what you have come here to find. We hope you find this information helpful in your search to seek fair compensation for your unfortunate losses.

What is medical malpractice?

The term medical malpractice is used to describe situations in which the doctor, nurse, or hospital staff member fails to administer care to the patient that meets certain standards set by members of the medical community. These cases always result in injury or death to the patient. Mistakes made while writing a prescription, providing treatment of any sort, or diagnosing a patient all are examples of medical malpractice. Negligent actions, such as leaving a foreign object in the body cavity after surgery, also fall under this form of mistreatment.

Wrongful Death

Medical malpractice can have a wide range of consequences. Tragically, there are a number of cases that result in the wrongful death of a patient. Clearly these are the most serious cases of all, as there is no recovery that can be made and no way for the patient to heal afterward.

The Pennsylvania medical malpractice attorneys of Lowenthal & Abrams, P.C. understand the pain that the wrongful death of a family member causes. We work to make sure that the medical professionals that injure patients are held accountable for their actions. For more information about our legal process, call us at 610-667-7511.

Actions Leading to Wrongful Death

There are a variety of incidents that can lead to a fatality. A doctor is not the only one that can do something to cause a patient’s death, as a nurse, technician, record-keeper, pharmacist, and any other hospital employee can be at fault. Some of the most common errors resulting in fatalities include:

Mixing up records or not being sufficiently able to retrieve and transfer data is also a potentially lethal mistake made by some hospitals. It is important that they work with the utmost care and concern.

Medical Malpractice Information

Medical malpractice, including medical mistakes and negligence, is one of the leading causes of preventable death and injury in the United States. Every year, medical malpractice accounts for nearly 100,000 deaths in our country. In addition to causing tens of thousands of deaths annually, medical malpractice is also the cause of serious and often permanent damage to patients who have innocently placed their lives in the hands of negligent medical professionals.

Of these injured victims, only one in eight will ever seek compensation for their losses and suffering. All of these patients deserve a chance to be fairly compensated for their losses and suffering.

Medical malpractice can involve serious errors such as wrong-site surgery, labor mismanagement, a botched procedure, or other gross mistakes. Yet in most cases, the negligence is less obvious, though equally detrimental. Many medical mistakes occur when a doctor or other health practitioner absentmindedly prescribes the wrong medicine, does not check into a patient”s medical background thoroughly, otherwise fails to meet the acceptable standards of providing prudent and skilled medical care.

Use our site to find a lawyer near you who is an expert in the nuances surrounding your particular state’s medical malpractice laws. Then submit your claim for a free, no-obligation consultation. Conversely, you may choose to learn more about a particular aspect of medical malpractice.

Medical Malpractice Lawsuits

The majority of malpractice lawsuits will never go to trial-a settlement is usually reached in advance of actual court proceedings. All parties in malpractice lawsuits have an opportunity to benefit from a settlement-the defendant avoids a costly and potentially embarrassing court trial, and often settles for less than the plaintiff originally asked. Malpractice lawsuits can help victims recover funds associated with medical care, hospitalization costs, lost wages, quality of life, pain, and suffering, and punitive damages.

More information about malpractice lawsuits is available, and persons who believe that either they or their loved ones might have viable malpractice lawsuits should contact an attorney who has experience representing clients in medical malpractice litigation.

Medical Malpractice Settlements

Research reveals that of the estimated 80,000 victims of medical malpractice each year, approximately one in eight individuals file medical malpractice lawsuits. Medical malpractice is generally defined as the negligent or wrongful conduct of a medical professional who is directly responsible for injury to a victim. Many doctors and medical professionals have insurance that covers them in the event of a liability claim. Approximately 96% of the time, the victim’s lawyer and the doctor’s insurance claims adjuster will negotiate medical malpractice settlements out of court.

There are two types of awards that can be received in a medical malpractice settlement. Actual damage awards refer to the compensation awarded for things such as out-of-pocket expenses, medical bills, and lost income or profits related to the impairment an injury causes. You may also receive compensation for pain and suffering (known as non-economic rewards). The second type of award is given for punitive damages. Punitive actions are awarded less frequently but are considered when the medical malpractice lawsuit involves extreme or willful negligence on behalf of the medical practitioner.

Since the costs of going to court can be very expensive, many large companies and medical facilities prefer to settle out of court. Lower amounts are often awarded through medical malpractice settlements than through jury verdicts. The median range is approximately $125,000 for an out of court settlement versus the median of $235,000 for jury verdicts. Medical malpractice lawsuits can be complicated, and it is important to have all the resources available to you in order to develop a strong case. A medical malpractice attorney is your best advocate and expert in successfully pursuing a strong case, which will yield a just outcome from your medical malpractice settlement or verdict. Some states have implemented caps, or limits, on the amount of money that can be awarded in a medical malpractice lawsuit. Currently, many of these laws are being challenged and negotiated.

Many medical malpractice settlements take place outside of the courtroom because of a relatively high rate of awards being granted to the injured party. States that currently offer arbitration panels for medical malpractice settlements are able to resolve the disputes between medical professionals and patients with decreased litigation time and a greater chance of compensatory awards being granted to the plaintiff.

Establishing if you are eligible to file a medical malpractice lawsuit is best achieved by contacting a medical malpractice attorney who can properly assess your injuries, discuss filing a medical malpractice lawsuit, and counsel to whether a medical malpractice settlement is your best option. There are specific rules and regulations applicable to medical malpractice lawsuits, including statutes of limitation, or how much time is allowed between the date of injury and the filing of a medical malpractice lawsuit. These laws can vary by state and by the nature of your injury.

Birth Injuries

The process of giving birth brings with it some inherent complications. Unfortunately, though, there are also some avoidable mistakes that carry very serious consequences. Birth injuries tend to be quite serious because the newborn baby has a relatively loose hold on life, as they have not yet fully developed many of the bodily functions necessary...

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Cancer Misdiagnosis

Cancer misdiagnosis is a very serious problem in the American healthcare system. A study in the medical journal Cancer indicates that about 12 percent of cancer patients in the United States are initially misdiagnosed. The term "cancer misdiagnosis" can mean that: someone who has cancer is tested and the misdiagnosis is that there is no...

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Cosmetic Surgery Errors

Millions of cosmetic surgery procedures are performed on individuals across the country and around the globe each year. These procedures are all designed to correct something that has been altered by an injury or accident, or to correct something that the individual is unhappy with and wants to change, in an effort to look as...

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Dental Malpractice

Like any medical professional, dentists are also capable of making errors when treating their patients. While they don’t operate on a large portion of the body, dental surgical errors as well as other mistakes are quite possible. Dental malpractice can take many of the same forms that medical malpractice takes, except with a focus on...

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Doctor Mistakes

Doctors are not infallible, no matter how much we would like them to be. Sometimes doctors make mistakes. While doctors' mistakes are not usually intentional, they are often preventable and typically occur when doctors fail to exercise the proper level of care and skill. Unfortunately, when doctors' mistakes do happen, the consequences can be disastrous...

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Emergency Room Errors

Over 100 million Americans visit the emergency room every year. The number of hospitals with emergency services is declining, which leads to overcrowding. Emergency rooms are probably the most stressful places in a hospital because of the traumatic nature of most injuries and the immediacy with which they have to be addressed. Dangers of Emergency...

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Hospital Malpractice

Hospital malpractice is inclusive of any type of medical malpractice occurring in a hospital. Instances of hospital malpractice can occur with any hospital staff, not just doctors. It is necessary to prove evidence of hospital malpractice, which can be very difficult with a hospital malpractice lawyer. A hospital malpractice lawyer will need to perform a...

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Hospital Negligence

Millions of Americans stay in the hospital each year. In almost every case, they are there to treat an ailment or to cure a condition that is painful or potentially harmful. Errors in hospitals can be very serious because the people there are often in very unstable conditions, and the smallest mistake can be fatal....

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Improper Treatment

Inadequate or improper treatment is a type of medical malpractice. It is distinct from other types of malpractice, such as failure to diagnose or misdiagnosis. In the case of improper treatment, the doctor correctly diagnoses the condition but fails to treat it. When we go to the doctor or hospital, the purpose of the visit...

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Lab Mistakes

Each year, medical lab mistakes occur more than a million times in the U.S., and several thousand of these lab errors result in someone's death. Although the healthcare system in America is sometimes described as "the best in the world," that's no comfort to a patient whose condition has worsened because of a lab mistake,...

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Lack of Informed Consent

The medical process typically follows a pattern that includes steps like identification of a problem, diagnosis, selection of treatment, receipt of treatment, and recovery. An important, but often overlooked step, is the selection of appropriate treatment. This requires the informed consent of the patient, and it is the responsibility of the medical staff to make...

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Medical Malpractice FAQ

If you or a loved one has been injured in a medical setting as the result of professional negligence, you may be eligible to seek compensation for your losses and suffering through a medical malpractice claim. The following are some frequently asked questions about medical malpractice to help you gain a greater understanding of this...

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Medical Malpractice Lawyers

Is Medical Malpractice difficult to prove? Malpractice is negligent professional conduct, and, if found guilty, a doctor can be stripped of his license to practice medicine.  So a medical malpractice attorney must not only be of unimpeachable integrity, but work to restore the professional reputation of his client, by understanding, and showing how, the doctor...

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Nursing Home Abuse

There often comes a time in a person’s life when he or she simply cannot care for himself or herself anymore. In this case, nursing homes or assisted living facilities can be the best way to ensure specialized care for the elderly individual. However, it is shocking and upsetting to realize that nursing home abuse...

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Pharmaceutical Errors

New drugs come on the market at a very fast pace in today’s medical climate. It can be difficult for pharmacists and doctors to keep up with all of the new medications and how they interact with other chemicals. However, the potential risk to patients posed by a pharmaceutical error makes it vital that doctors...

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Surgical Errors

There are many different kinds of surgery, and some are far more serious than others. In most cases, though, surgery is required when there is a serious condition. Especially in emergency or intensive care situations, surgery can be very dangerous because of the tenuous health of many of the patients. As a general rule, surgeons...

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Wrong Diagnosis

Medical Negligence Misdiagnosis Misdiagnosis is one of the most detrimental forms of medical malpractice because it has the potential to cause so many varied and dangerous health consequences. Patients may be given the wrong medications or treatments, presenting them with unnecessary risks (especially with unnecessary surgeries). Misdiagnosis also causes a delay in treatment of the...

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Wrong Surgery

Wrong-Site, Wrong-Procedure, & Wrong-Patient Surgery It is almost inconceivable that a wrong-site surgery — a surgery performed on the wrong patient or on the wrong part of a patient — could occur. However, last year alone, there were 84 such accidents reported. Worse, some experts say that number is only the tip of the iceberg....

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