The Boothwyn medical malpractice attorneys of Heavens Law Firm are recognized leaders in medical malpractice law. Our experienced attorneys and highly trained staff diligently evaluate your claim to achieve the best possible outcome in each case. We provide superior legal services to victims of medical negligence in all areas of Pennsylvania and West Virginia.
Medical malpractice refers to a specific area of law covering the negligence of health care providers. Doctors and other professionals are held to a high standard of care. In determining their duty to patients, juries take into account community standards and the expectations of professionals within their field of practice. Medical malpractice cases often require expert testimony and evidence that the medical provider’s breach of duty caused the patient’s harm. Most victims are intimidated by the prospect filing suit. But the staggering number of deaths related to medical negligence shows that these “mistakes” are more common than you think. These errors can also have permanent, devastating effects on patients and their families.
Common examples of negligence giving rise to medical malpractice actions include:
- Prescribing incorrect medication
- Failure to warn patients of side effects
- Birth injuries or mistakes during delivery
- Failure to respond to fetal or patient distress
- Improper diagnosis or course of treatment
- Delay in detecting life-threatening condition
- Mistakes in operation or outpatient procedures
- Abuse or neglect in hospitals and nursing homes
Doctors and medical providers must obtain the patient’s informed consent before proceeding with a course of treatment. This may require warning the patient of the risks of undergoing an operation or the possible side effects of medication. Their legal duty is not to perform every surgery perfectly, but to exercise reasonable care in protecting the patient from unreasonable harm. This means accepting responsibility for botched procedures or negligent acts that injure the patient. Health care providers breach their duty to patients by falling below a certain standard of care. Specialists, for example, are held to a higher standard than general practitioners in their field of expertise. Failure to fulfill this duty may give rise to a medical malpractice claim.
West Virginia law protects victims of medical malpractice. Patients who can demonstrate a worsened condition caused by negligence are entitled to several forms of damages, including present and future medical costs, lost income, and damages for pain and suffering. In cases involving wrongful death or permanent disability, West Virginia law generally limits noneconomic damages to $500,000. Physicians must carry at least $1 million in liability insurance to qualify for this “cap” on damages. Under rules governing “collateral sources” and “joint and several liability,” if patients receive compensation from sources such as insurance or are partially liable for their own injury, a proportion of damages may be subtracted from the award. Patients have two years from the date of the injury to file a medical malpractice claim.
If you were injured as a result of medical negligence, contact the experienced Boothwyn medical malpractice lawyers of Heavens Law Firm today. We have successfully handled all types of cases involving surgical errors, misdiagnosis, and nursing home abuse. Our legal professionals have extensive experience presenting evidence of future costs of continuing care and rehabilitation that patients incur as a result of malpractice. Because this is a highly technical area of law, it is important to retain a qualified attorney who has the resources and expertise necessary to take on well-funded defense firms in prosecuting your case. At Heavens Law Firm, we are aggressive litigators who will fight for the compensation you deserve. Please call 1-866-HEAVLAW for a free consultation or contact us online.