What Constitutes Medical Malpractice in Pennsylvania?

doctor reviewing x ray of injured spine
October 30, 2019
Legally Reviewed By Attorney Rand Spear, Esq.

Medical professionals are given a great deal of trust by their patients. This is because they are obligated to provide treatment that is within the accepted standard of care. If they fail to live up to this standard by acting negligently, their patients can be put at risk for tremendous suffering. When this happens, it is crucial to retain the services of an experienced attorney for assistance in building a successful case.

Different Types of Medical Malpractice Claims

When a medical professional is negligent while treating a patient, it is known as medical malpractice. This can severely endanger the wellbeing of others, leading to significant physical, emotional, and financial burdens. This can include the following situations:

  • Birth Injuries: When a professional’s negligence injures a mother or their baby. This can occur during pregnancy, labor, delivery, or right after delivery. Examples of negligence can include the improper use of forceps or vacuum tubes, failure to monitor fetal heart rate, failure to timely order a cesarean section, and failure to diagnose a health condition.
  • Surgical Malpractice: During surgery, patients put their lives in the hands of the professionals treating them. Examples of negligence that is seen in surgeries can include operating on the wrong part of the body, performing the wrong procedure, removing the wrong limb, leaving instruments or sponges inside a patient, and breaking sterile technique.
  • Failure to Diagnose: When a condition goes undiagnosed, it goes untreated. This can result in extreme discomfort, pain, or a worsening condition that could have otherwise been avoided.
  • Medication Error: Common medication errors can include prescribing or administering the wrong medication, the wrong dose, or failing to check for contraindications prior to prescribing or administering the medicine. When this happens, patients can be put at risk of injury.

Pursuing Negligence

People who are a victim of medical malpractice often wish to pursue legal action for their suffering. This can be done with a malpractice suit that exists to hold medical professionals responsible for their negligence. It is important to know that, in these situations, the injured party is required to prove that the professional was negligent. This can be done by showing that their suffering is linked to the professional’s behavior.

In order to begin this process, the patient must report their case as soon as they believe they are a victim of malpractice. Once this is done, an investigation into the case and the healthcare professional can start. The investigation will call the entire practice into question, including how the professional conducts medicine and interacts with their patients. If successful, the injured party may be able to recover compensation as coverage for any damages due to their suffering.

Contact our Firm

If you or a loved one has been in a personal injury accident in Pennsylvania, it’s important that you contact an experienced Philadelphia personal injury attorney to help you with your case and to make sure that you are not taken advantage of. Contact Spear Greenfield to get the right attorney in your corner.