At the Philadelphia, Pennsylvania personal injury law firm of The Levin Firm we represent clients who have been injured by medical malpractice. Our personal injury attorneys understand that medical practice cases require a team of lawyers, nurses and others trained to review the facts of these cases, including medical records. At The Levin Firm, our Philadelphia, Pennsylvania medical malpractice personal injury lawyers aggressively and zealously represent our clients and obtain the best possible results. We also work with highly-regarded medical malpractice experts to determine the type of medical malpractice and how and why it happened. At times, we will work with other law firms that have particular expertise to assure that our clients receive the most thorough and zealous representation.
Medical malpractice happens in many ways, and the effects of a doctor’s or a hospital’s negligence can be catastrophic. Medical malpractice occurs when a physician, nurse, or other health care provider deviates from the appropriate standard of care in the medical community and injures a patient. The most common types of medical malpractice include anesthesia mistakes, improper treatment, failure to deliver a baby properly, prescribing the wrong medication or the incorrect dosage of a drug, diagnosis errors, performing surgery improperly or performing surgery that was not necessary, failure to diagnose cancer and other conditions, infections that occur from improperly sterilized equipment or facilities, and failing to obtain a patient’s informed consent before performing surgery or other procedures.
When you go to a doctor or other healthcare professional seeking care, you rightfully expect that the care you receive will make your condition better, not worse. Unfortunately, not all doctors are created equal and some fail to provide the standard of care expected in the medical profession.
Medical malpractice is a widespread problem that can happen to any patient when they least expect it. While medical malpractice laws recognize that injured patients should have the right to seek financial recovery, such laws are strict and can be confusing. For this reason, if you have been injured by poor medical care, it is time to consult a medical malpractice attorney. With the help of a skilled medical malpractice lawyer, you can be compensated for the injuries you received at the hands of a doctor, nurse, or hospital.
Every doctor and similar medical professional has the responsibility to act with a certain duty of care. This duty of care is to perform in a way that a similarly situated medical professional with reasonable skill and competence would have performed under the same circumstances. When a doctor fails to uphold this standard of care and a patient suffers unnecessary injury, medical malpractice occurs.
Medical errors can be minor or they can be severe, even causing the death of a patient who otherwise would have survived. In an article regarding medical malpractice, Forbes Magazine reported that an estimated 200,000 people die as a result of medical errors on an annual basis. Even if patients survive the medical error, such mistakes can cause unnecessary complications, can exacerbate medical conditions, or even cause new illnesses or injuries that otherwise would not have been suffered.
Though medical malpractice is relatively rare—as most medical professionals do meet the appropriate standard of care—it is important to be educated on the different types of medical malpractice and how they can affect you a loved one. The following are brief overviews of the most common types of medical malpractice in the United States
When you go to an emergency department or doctor’s office presenting certain symptoms, the doctor should ask all of the appropriate questions, run all of the proper tests, and take any other necessary steps to accurately and completely diagnose your condition. Unfortunately, some medical professionals do not delve deep enough into a patient’s medical history or symptoms to correctly diagnose their condition in a timely fashion.
For example, the symptoms of a minor heart attack are often similar to that of acid reflux. Too often, doctors diagnose a patient with acid reflux and send them home with medication, only to have the patient have a more severe heart event at a later date. On many occasions, if the doctor had performed tests such as an electrocardiogram or an angiogram, or had simply asked more about the patient’s family medical history, the first heart attack would have been easily diagnosed and the patient would have received proper treatment to avoid future episodes.
Diagnosis issues often cause additional complications because it causes a delay in the proper treatment for a patient’s illness. For instance, if a cancer patient receives a diagnosis at stage one, the disease can often be successfully treated. If a doctor error causes the diagnosis to be delayed to stage four, the patient has a much lesser chance of survival even with treatment.
When you have symptoms of an illness arise, your first instinct should be to visit your doctor or another type of healthcare provider to have any medical condition diagnosed. There are many tools that doctors have for diagnosing illnesses and a proper diagnosis is imperative to ensure you receive the necessary treatment for your condition. Unfortunately, a large number of patients receive an inaccurate diagnosis each and every year in Philadelphia and across the U.S.
Common Harmful Misdiagnoses
While any medical condition could potentially be misdiagnosed, there are some conditions that are misdiagnosed more regularly than others and that can cause particular harm to patients. The following are some examples of commonly misdiagnosed illnesses.
Heart attack – One of the main symptoms of a heart attack is chest pain, however, there are many other signs that a patient has suffered a heart attack and may have serious heart disease. However, in many situations, a heart attack can be misdiagnosed as a panic attack or even simple indigestion. This results in patients with serious cardiovascular risks being sent home from the emergency department or doctor’s office with antacids or anti-anxiety medication. In many cases, these patients may have needed heart medicine or even surgery to protect them from future heart attacks. Without the proper treatment, many patients will suffer additional life-threatening heart attacks that could have been prevented with a proper diagnosis.
Cancer – Different types of cancers can have widely varying symptoms. Symptoms like fatigue, weakness, or nausea can often be misdiagnosed as a wide range of simpler illnesses, especially if there is no obvious tumor site. However, when cancer is diagnosed in the early stages of the disease, there is a much better chance of successfully treating cancer with less severe treatments. However, cancer that is not diagnosed initially can quickly progress into later stages of the disease, which can require significantly more invasive and aggressive treatments such as surgery, chemotherapy, and radiation. These treatments can make a cancer patient seriously ill and can lower their immune system, thereby increasing the risks of life-threatening illness. Sometimes, if a cancer diagnosis is delayed too long, the disease may not be treatable at all and may be fatal.
Meningitis – Meningitis is an often life-threatening illness that requires immediate medical treatment to save a patient’s life – especially if the patient is a child. Unfortunately, meningitis can often be misdiagnosed as a virus if a doctor does not perform the necessary tests to identify a bacterial illness. Bacterial meningitis1 is the most severe and life-threatening type. If bacterial meningitis is misdiagnosed as a viral condition, the patient may suffer brain damage or even death.
The above are only a few of the many serious situations that can result from a medical misdiagnosis.
Sometimes, a misdiagnosis is based on simple human error, as other doctors in the same situation may have also missed the correct diagnosis. However, in many cases, a misdiagnosis occurs because a doctor was negligent. There are many forms of medical negligence2 that can result in a medical misdiagnosis, including the following:
Doctors can make many mistakes during surgery that can lead to greater injury for a patient. If it is a simple mistake, it will likely not rise up to the level of medical malpractice. However, if a doctor uses poor judgment during a surgery and does not perform as a surgeon should, it is likely that medical malpractice occurred. Some examples of surgical malpractice include being distracted, fatigued, or even impaired during a procedure or allowing an unqualified assistant to perform tasks during the procedure. Surgical errors can result in the following and more:
All of these mistakes can cause serious complications for a patient, even if they were only undergoing a minor procedure. Furthermore, particularly ill, elderly, or other relatively weak patients may not survive such surgical mistakes.
A study conducted in 2006 estimated that approximately 1.5 million individuals suffer harm from medication errors on an annual basis in the United States. The processes of distributing and administrating prescription medication have many opportunities for harmful errors. Some of the most common medication errors include the following:
Medication is often an integral part of a patient’s treatment, stabilization, and more. When medication errors occur because doctors or other medical professionals are not sufficiently careful, patients can suffer serious injury and complications.
Statistics indicate that an estimated 28,000 children are born with birth injuries every year in the United States. A large number of these birth injuries are caused due to medical malpractice. Medical malpractice can lead to childbirth injuries in many different ways, including the following:
Such mistakes during pregnancy and childbirth can result in numerous injuries to the mother and child. Some of these injuries, such as cerebral palsy, Erb’s Palsy, spinal cord injuries, and perinatal asphyxia,8 can affect a child for the rest of his or her life.
There are many different ways that medical malpractice can occur, as there are many different mistakes that doctors can make in many different situations. Some common causes of medical injuries can include the following:
It is important for injured patients to understand that medical malpractice claims are significantly different and often much more complicated than ordinary personal injury claims. This is why it is important to find an attorney who is familiar with the process and the laws, which can vary significantly from state to state.
Statute of Limitations – This is the time limit that you have to file a claim with the civil courts. In many situations, this time limit is fairly straightforward. However, in medical malpractice claims, many variables can affect what the statute of limitations may be in your case. For example, the following may apply:
Damage Caps – Unlike many states, Pennsylvania does not have laws that limit the economic damages or non-economic damages2 in medical malpractice cases, which can be for medical bills, pain and suffering, and more. Instead, the law only limits the amount of punitive damages you can seek, which are damages awarded to punish the doctor. While punitive damages are rare, they can be awarded in cases involving particularly egregious or intentional actions on the part of your doctor. Punitive damages are capped at twice the amount of the economic damages you suffered.
There are also laws that address when damages must be paid periodically, the requirements for the testimony of experts, contributory negligence, and many other legal issues that may be present in a medical malpractice case. If you have been injured as a result of a doctor’s negligence, you have a limited time to act. The sooner you meet with an attorney, the sooner the process can start.
Discuss Your Rights with an Experienced Philadelphia Medical Malpractice Attorney
At The Levin Firm in Philadelphia, we can review your situation and help determine whether or not your misdiagnosis resulted in the right to bring legal action against your doctor. Our medical malpractice attorney has handled many cases involving misdiagnosis and other forms of malpractice, so please call for a free consultation at 215-825-5183 today.
Being involved in a car accident can be a trying ordeal. Fortunately, the vast majority of car accidents are minor fender benders with little, if any, property damage and no injuries. Yet, more serious accidents …December 18, 2018
Most Pennsylvanians don’t give much thought to how laws on the books affect their rights to recover damages for a personal injury. Then again, why would they? Other than an occasional election-season nod to tort …November 21, 2018
Work-related injuries and illnesses severely damage the lives of workers and their families. Despite regulations that require safety trainings, protective gear, and special certifications, 12,300 workers receive a job-related injury every single day. That’s one …view more