Medical Malpractice Lawyers in PA: Serving Montgomery County | RGS&G Law

Understanding Your Case

Medical malpractice occurs when a medical professional, such as a doctor, nurse, or hospital, fails to provide adequate care to a patient, resulting in injury or harm. This can happen in various settings, including hospitals, clinics, and private practices. Medical malpractice can take many forms, including surgical errors, misdiagnosis, medication errors, and birth injuries. It is essential to understand that malpractice is not just a matter of a poor outcome but rather a deviation from the standard of care that a medical professional is expected to provide.

Experienced Medical Malpractice Lawyers in Montgomery County, PA

As a patient entering a Pennsylvania healthcare facility, you should expect competent care, safe and hygienic conditions, and qualified and well-educated healthcare worker. After all, doctors are trained to skillfully diagnose and treat patients while working in a fast-paced and often demanding environment.

You should assume that the proper tests and imaging will be ordered, the appropriate medications will be administered, and the correct diagnosis will be made. Far too often, however, negligent or reckless doctors and medical staff cause harm to patients. Fortunately, if you or a loved one is suffering due to negligent medical care, help is right around the corner.

Consulting with an experienced attorney can help you understand your rights and options if you have been harmed by negligent healthcare professionals.

It’s vital that you get in touch with an expert Montgomery County medical malpractice lawyer who can help you understand your options for pursuing compensation. You can schedule a free initial consultation about your PA medical malpractice claim at one of our offices in Colmar or Newtown, Pennsylvania.

Our Trusted Medical Malpractice Law Firm Can Help You Claim Compensation for Your Injuries

Medical negligence is a serious public health issue, with more than 250,000 patients nationwide dying each year because of medical mistakes. In fact, medical errors are the third-leading cause of death in the United States, according to a recent Johns Hopkins study. A qualified medical malpractice lawyer can help you navigate the complexities of your case and ensure that you receive the compensation you deserve.

There are many ways a patient can be negligently harmed, including the following:

Surgery Mistakes

Doctors and nurses are required to handle any medical situation that comes through their doors. This sometimes means they’re performing procedures with which they have little to no experience, which could result in harm to the patient. Surgery mistakes during operations may include an artery being nicked, organ punctures or destruction, a wrong body part being operated on, improper sterilization of equipment, surgical instruments or gauze left in the body, and more. These surgical mistakes are serious and can have long-term effects or even result in death. We encourage anyone who believes they have experienced this type of medical malpractice to consult with our experienced Montgomery County attorneys as soon as possible.

Anesthesia Miscalculations

A patient is never more vulnerable than when they’re under anesthesia. Even the slightest miscalculation or failure to recognize a problem can have catastrophic consequences. Some victims emerge from surgery suffering brain damage. Anesthesia miscalculations may occur due to an overdose of anesthesia, improper intubation, defective equipment, and failure to monitor vital signs. These miscalculations can sometimes even result in death.

Post-Operative Negligence

Post-operative negligence includes inadequate or improper patient monitoring, incorrect administration of medication, improper sterilization techniques, unsafe patient movement resulting in falls, and more. Likewise, improper discharge refers to the early release of a patient before they’re well enough to leave the supervision of the hospital. In these cases, patients who are released early may find that their health worsens, and they have to return for additional medical treatment. In more serious cases, improper discharge can lead to death if the patient is dependent on support from the hospital to stay alive.

Delayed Diagnosis and Misdiagnosis

Delayed diagnosis and misdiagnosis—a situation in which a medical team incorrectly offers a prognosis—can lead to a serious illness or a preventable death. A misdiagnosis can be made as a result of pressure and a lack of time to thoroughly and accurately assess the situation. Receiving treatment for the wrong condition can cause irreversible damage. When a doctor fails to act according to the proper standard of care by misdiagnosing a patient, they may be liable for medical malpractice. For help, contact our legal team as soon as possible.

Medication Mistakes

Medication mistakes occur when a physician prescribes an incorrect dosage, prescribes the wrong medication, or administers the medication incorrectly. Patients who have been given medication mistakenly due to an error in communication or misdiagnosis are often subject to serious injury or death.

An example of a medication error is taking an over-the-counter product that contains acetaminophen while you’re already taking prescription pain medicine that contains this exact ingredient. This mistake could cause you to take more than the recommended dose of acetaminophen, putting yourself at risk of liver damage.

Childbirth Injuries

Childbirth injuries include brain injuries, broken bones, damaged nerves, and failure to provide a medically necessary emergency c-section. These birth injuries can also be caused by a medical provider’s poor prenatal care, failure to anticipate birth complications, misidentification of birth defects, and more.

Because birth-related injuries and medical malpractice law can involve complex medical and legal issues, it’s often essential to get advice or representation from a Montgomery County, PA medical malpractice lawyer. For help, look no further than the expert childbirth injury lawyers at Rubin, Glickman, Steinberg & Gifford.

The Hippocratic Oath requires a new physician to swear to do no harm to patients and uphold specific ethical standards in the practice of medicine. When physicians make harmful or injurious patient mistakes, they can be held liable monetarily for not providing a reasonable standard of care. Failure to meet reasonable standards of patient care in Pennsylvania may constitute legal action.

Who Can Be Held Liable for Medical Malpractice?

In a medical malpractice case, various parties can be held liable for the harm caused to a patient. These parties may include:

• Doctors and surgeons
• Nurses and other healthcare professionals
• Hospitals and medical facilities
• Pharmaceutical companies
• Medical device manufacturers

To determine liability, it is essential to investigate the circumstances surrounding the medical error and identify the parties responsible for the harm caused. This thorough investigation helps ensure that all responsible parties are held accountable for their actions.

The Claims Process

The medical malpractice claims process can be complex and time-consuming. Here are the general steps involved:

1. Filing a Complaint: The patient or their representative files a complaint with the relevant authorities, such as the state medical board or the hospital’s administration.
2. Investigation: The complaint is investigated, and evidence is gathered to determine whether medical malpractice occurred.
3. Filing a Lawsuit: If the investigation reveals evidence of medical malpractice, a lawsuit is filed against the responsible parties.
4. Discovery: Both parties exchange information and evidence, and depositions are taken from witnesses.
5. Trial: The case goes to trial, and a judge or jury determines liability and damages.

Navigating this process requires the expertise of experienced medical malpractice lawyers who can guide you through each step and advocate on your behalf.

Proving Negligence in a Medical Malpractice Case

To prove medical negligence in a medical malpractice case, the plaintiff must establish the following elements:

1. Duty of Care: The medical professional has a duty to provide adequate care to the patient.
2. Breach of Duty: The medical team failed to provide adequate care, resulting in harm to the patient.
3. Causation: The breach of duty caused the harm to the patient.
4. Damages: The patient suffered damages as a result of the harm.

Expert testimony from medical professionals is often required to establish the standard of care and prove negligence. This testimony helps demonstrate how the medical professional’s actions deviated from accepted practices and led to the patient’s injury.

Medical Malpractice Claims Statistics

Medical malpractice claims are a significant concern in the healthcare industry. Here are some statistics:

• According to the National Practitioner Data Bank, there were over 12,000 medical malpractice payments made in 2020.
• The average payout for a medical malpractice claim is around $300,000.
• Medical malpractice claims can result in significant financial losses for healthcare providers, with some estimates suggesting that the total cost of claims in the United States is over $50 billion annually.
• The most common types of medical malpractice claims involve surgical errors, misdiagnoses, and medication errors.

It is essential to note that medical malpractice cases can be complex and require the expertise of experienced lawyers. If you or a loved one has been injured due to malpractice, it is crucial to seek the advice of a qualified medical malpractice attorney to ensure that your rights are protected.

Helpful Tips to Hold Your Healthcare Provider Accountable

If you believe you may have been the victim of medical malpractice while under treatment at a hospital, you may be wondering whether you can file a lawsuit against the hospital and what the process of filing a negligence suit against a hospital is like. Understanding Pennsylvania medical malpractice law is crucial in determining the viability of your claim and the potential for compensation. Below is a brief overview of the process of asserting a medical malpractice claim against a hospital.

Speak To A Montgomery County Medical Malpractice Lawyer

Medical malpractice claims are among some of the most complex cases in law. If you think you may have a medical malpractice case against a hospital, you should speak to a experienced medical malpractice attorney or law firm that handles medical malpractice cases to understand your legal rights and options better.

Most attorneys and law firms will offer free consultations, and if they agree to take your case, they will do so on a contingency fee basis. This means that the attorney is paid a percentage of your total financial recovery only if and when the attorney recovers compensation for the client. If the attorney loses the case, the client will not be responsible for any legal fees.

Determine Whether The Hospital Has Any Liability

Even though the malpractice you suffered took place at a hospital, it does not necessarily mean that the hospital is liable for the malpractice. When malpractice is committed by a doctor, you will need to determine if the doctor is an employee of the hospital or an independent contractor. Hospitals only have liability for negligent acts and omissions committed by their employees. 

However, even if a provider isn’t employed by the hospital, you may be able to assert a direct claim of medicalnegligence against the hospital by arguing that the hospital negligently granted privileges to the provider who injured you (in other words, the hospital knew or should have known the provider posed a substantial risk of committing malpractice).

Obtain Your Medical Records

Hospitals are required to keep your medical and treatment records on file for a certain period of time following your treatment, so request a copy of whatever records the hospital has for you.

Identify All Liable Parties

Although a hospital may or may not have employer liability for negligence committed by a medical provider, as noted above, the hospital may have liability for other forms of negligence. An attorney will need to carefully examine the details of your case to identify all individuals and entities (such as the hospital, medical practices, or ambulance services) that may be held legally liable to you for your injuries and damages.

Comply With Statute Of Limitations And Filing Rules

Under Pennsylvania law, you only have two years from the date on which you suffered negligent medical treatment in which to file a medical malpractice lawsuit. Wait too long, and the court can permanently dismiss your lawsuit.

In addition, medical malpractice cases have certain filing requirements that must be met in order to avoid having the case dismissed at the outset. Chief among these is the requirement to have a medical expert (usually another medical provider with similar specialization and training as the provider whose negligence caused you harm) render an opinion as to the applicable standard of care and how your provider’s treatment fell below this standard; this requirement is meant to weed out frivolous claims from being filed in court.

Contact Rubin, Glickman, Steinberg & Gifford Today to Speak with a Skilled Montgomery County Medical Malpractice Attorney

Medical malpractice is unfortunate but all too common in today’s healthcare system. When serious injuries occur due to medical errors, you need an experienced Pennsylvania medical malpractice lawyer on your side to fight for any monetary damages associated with the accident. If you think you or a family member has been injured as a result of medical negligence, consider getting in touch with the expert Pennsylvania medical malpractice attorneys at Rubin, Glickman, Steinberg & Gifford, P.C.

Our team of Philadelphia medical malpractice lawyers is dedicated to helping victims recover from medical errors.

During a free consultation, we will meet with you one-on-one to discuss your case and any potential obstacles. We will outline the facts and circumstances surrounding any impending legal action and help you determine the most strategic method of compensating you for any lost wages, medical bills, property damage, and psychological trauma associated with the malpractice.

For nearly 68 years, our attorneys have been serving the legal needs of clients in Montgomery County, Bucks County, and throughout the surrounding areas. We have offices in Colmar and can meet with you in your hospital or home if you are unable to travel, including the following hospitals:

• Jefferson Health
• Grandview Hospital
• Suburban Hospital
• Einstein Medical Center Montgomery
• Montgomery Hospital
• Abington – Lansdale Hospital (previously North Penn Hospital)
• Doylestown Hospital
• Lehigh Valley Hospital-Cedar Crest
• Lehigh Valley Health Network
• St. Luke’s Hospital

Give our Montgomery County, PA, medical malpractice attorneys a call at 215-822-7575 or complete our online contact form for help today