No two instances of medical malpractice look alike. This legal category serves as an umbrella for cases of medical negligence as well as those addressing deliberate harm. That means there are a myriad of circumstances that may allow you to bring a medical malpractice case forward if you feel that a medical professional’s negligence or recklessness compromised your health.
What’s more, you don’t have to act alone. Spear Greenfield brings over 30 years of experience to the world of medical malpractice. You can schedule a consultation with our medical malpractice attorneys in Philadelphia today to discuss how best to bring your case to a judge’s attention. You can count on our team to fight for your right to compensation.
Identifying Medical Malpractice
What behaviors constitute medical malpractice? You don’t have to present proof of a catastrophic injury to qualify for the right to bring your case before a judge. The category of medical negligence cases addressed in civil court can include:
- Medical negligence
- Nursing home or care facility abuse
- Injuries during childbirth
- Medical errors
- Offering improper prescriptions
- Delayed or incorrect diagnoses
- Surgical errors
With this in mind, you can often trust the wide net of medical malpractice cases to cover the circumstances that led to your recent injury. If you’re concerned about your right to take action, though, you can present data addressing your losses to a medical malpractice lawyer in Philadelphia. We can discuss your opportunity to pursue legal action in a case consultation.
Proving Medical Malpractice
Before you assert that a care facility’s done you harm, you must gather the evidence you need to establish liability and prove that the harm you endured can be classified as medical malpractice. Because you’re the party bringing your case forward, you have to uphold the burden of proof.
To prove medical malpractice, you can work with an attorney to elaborate on the procedure or treatment you sought out and the ways attending professionals provided you with care well below the accepted standard. You can bring forward evidence of medical misconduct by presenting first an attorney and then a judge with evidence including:
- Statements from third-party medical professionals
- A record of your medical condition and any related treatment programs
- Bystander accounts of your treatment at the hands of a particular institution
- Statements from your insurance provider
Our team can help you determine what forms of evidence are most relevant to your case and how you can best present them alongside a personal injury claim.
Assigning Liability for Medical Malpractice
Responsibility for instances of medical malpractice often defaults from an individual back to that individual’s institution. Most medical facilities make an effort to protect their full- and part-time staff from the negative side effects of a civil case.
That means that when you move to file a personal injury claim against an offending party, you may name an institution liable for your losses. You can still argue that an individual doctor or practitioner bears responsibility for your condition, but an attorney can further elaborate on the contracts that exist between that party and an institution.
Philadelphia Medical Malpractice Lawyer Near Me (215) 985-2424
Valuing Your Medical Malpractice Case
Your medical malpractice case has value based on your losses. You have the right to find the sum of those losses and demand that the party responsible for your condition help you contend with them. A Philadelphia medical malpractice attorney can help you identify your losses and find their sum before presenting your case to a civil judge.
In general, the economic and non-economic damages that victims of medical malpractice can demand include:
- Bills associated with wrongful treatment
- Bills associated with the care needed to correct wrongful treatment
- Bills tied to physical therapy, cognitive therapy, and recovery aids
- Lost wages
- Emotional distress
- Mental anguish
- Pain and suffering
Medical malpractice can, unfortunately, result in the wrongful death of your loved ones. However, there are circumstances that may give you the right to take legal action on behalf of a departed loved one, particularly if you can tie their death back to medical malpractice. You can discuss your right to both action and damages with our attorneys.
Our Approach to Medical Malpractice Cases
When you bring a medical malpractice case to Spear Greenfield, our team makes every effort to keep your legal proceedings straightforward and simple. You have the choice to pursue settlement negotiations with an attorney’s help or bring your case to the attention of a judge.
If you proceed with negotiations, we can estimate the total value of your accident claim and defend than estimate before a liable party. We can also make sure that the settlement offers you receive fairly address the breadth of your economic and non-economic losses.
Should you choose to go to court over your losses, we can initiate discovery and prepare you for an examination and cross-examination before a jury. You can count on Spear Greenfield to walk with you every step of the way through a medical malpractice trial.
Reacting to a Hospital’s Settlement Offer
There’s always a chance that the institution for which a liable party works may try to bury the story of medical malpractice before you can take your case to court. In these cases, you may receive a settlement offer from a negligent employee’s place of business. These settlement offers can prove generous but often require you to waive your right to future legal action.
You always have the right to bring a settlement offer to an attorney’s attention, even if you haven’t discussed your case with an attorney before. We can make sure that a settlement actually addresses your losses and negotiate on your behalf if it doesn’t.
Work With Spear Greenfield on Your Medical Malpractice Case
Medical malpractice cases tend to be involved. You need an experienced attorney on your side if you want to successfully navigate the complexities of your case, regardless of whether you go to court or settle in negotiations.
Spear Greenfield’s medical malpractice attorneys in Philadelphia can stand with you through this process and fight for your right to both compensation and civil justice.
Our no-fee guarantee means there’s no risk in partnering with our law firm. We don’t accept payments for services rendered unless we win your case. You can discuss our contingency fee agreements along with the details of your case today in a free, no-obligation case consultation. Contact us online or by calling our office so we can schedule your meeting ASAP.