Philadelphia Medical Malpractice Attorneys

Millions of Dollars Recovered for Wrongfully Injured Victims

Medical professionals are held to a high standard of care. Sadly, the reality is that many doctors, nurses, and other healthcare providers fall short of these expectations, and their negligence injures the very patients they have a duty to protect.

Nearly 200,000 people die each year due to preventable medical errors. This makes medical negligence the third leading cause of death in the United States. At Golomb • Spirt, P.C., we have recovered millions of dollars for our clients. We have over three decades of experience representing medical malpractice victims in challenging hospitals, surgeons, nursing homes, and other healthcare providers.

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On This Page:

• Types of Medical Malpractice Cases We Handle
• Establishing Liability in a Medical Malpractice Case
• Can You Sue for Surgery Complications?
• What Damages Can Be Recovered?
• Informed Consent Laws
• Common Examples of Medical Negligence
• Will I Have To Go To Court If I File a Medical Malpractice Lawsuit?
• Legal Assistance for Victims of Medical Negligence
• Speak with a Medical Malpractice Lawyer in Philadelphia
• Recommended Reading

Types of Medical Malpractice Cases We Handle

Although medical malpractice is a complex area of law that covers a broad spectrum of circumstances, its essence is simple: Medical malpractice is intended to protect patients when a healthcare provider or medical entity deviates from accepted standards of practice and causes damage to the patient as a result of that deviation.

Medical malpractice can occur in any setting where a healthcare service is provided, from a doctor's office or hospital to a pharmacy. An equally broad range of negligent acts may constitute medical malpractice, from anesthesia errors to prescription drug mistakes.

At Golomb • Spirt, P.C., our Philadelphia medical malpractice lawyers have an extensive background in this particular field, handling all types of complex matters.

Our firm is experienced in handling medical malpractice cases that involve:

Anesthesia errors: Many surgical injuries are caused by anesthesia errors. If you have been injured read our anesthesia error page to learn about types of errors, liability, and legal options. Birth injuries: Welcoming a new baby into the world can turn from joy to terror when a medical mistake takes place. Our team is experienced in handling birth injury cases and is ready to fight for the compensation you and your family deserve. Learn more today about birth injury law and how we can help you. Cerebral palsy / Erb's palsy: Cerebral palsy affects 764,000 people in the United States, while there are different types of cerebral palsy a common cause of it is medical malpractice. If your child is a victim of doctor negligence call our offices today to learn how we can help you. Our team understands the financial and emotional toll this diagnosis can take on you and your family, and we are ready to fight for you. Emergency room errors: You are at your most vulnerable when seeking help in an emergency room, we rightly expect to be taken care of in this type of setting. If you have been injured in an emergency room error our team is here to help you. Read more today about the ER’s responsibility and how we can help you. Failure to diagnose cancer: With a diagnosis such as cancer, every day counts when medical professionals fail to properly diagnose this disease it can have devastating consequences. Learn how our team can hold these medical professionals accountable for their actions during a free consultation today. Nursing home abuse: When we entrust our loved ones into the care of a nursing home we expect their medical needs to be taken care of. All too often, however, nursing home resident’s medical needs are neglected or they are the victim of medical errors. If you suspect your loved one has suffered at the hands of a nursing home, call Golomb • Spirt P.C.today. Postoperative infections: Those recovering from surgery are more vulnerable to infection, while hospitals are required to provide a sterile environment sometimes they fail to do so. If you have suffered at the hands of negligent medical professionals, learn more about how we can help you today. Shoulder dystocia: Shoulder dystocia is a preventable childbirth complication that if not dealt with quickly can result in severe and sometimes permanent injury. Doctors are trained to identify this complication, if it is discovered they behaved negligently they can be held accountable for their actions and the damage they cause. Learn more today. Surgical mistakes: While every surgery carry’s risk there is a standard of care every medical professional is required to uphold. When preventable surgical mistakes happen, doctors can be held accountable for the damage they cause. Learn more about what the law says about surgical mistakes and how we can help you today.

Establishing Liability in a Medical Malpractice Case

Not all errors that occur in hospital or clinical settings constitute medical malpractice. In order to prove that medical malpractice occurred, your attorney must establish these important facts:

• Your doctor had a duty to provide an appropriate standard of care
• Your healthcare provider breached that duty of care
• You sustained an injury or losses as a result of that breach

Proving medical malpractice is not easy, but an experienced Philadelphia medical malpractice lawyer can gather the necessary evidence and consult with the proper experts to prove your case. Additionally, establishing who is responsible for the injuries you sustained is a difficult and often time-consuming and costly task. In many cases, there may be multiple parties responsible, including the doctor, nurse, pharmacist, lab technician, or radiologist.

Anyone who assists with medical care could be guilty of medical malpractice. If you believe you or a family member were harmed as a result of a healthcare provider's negligence, a knowledgeable medical malpractice attorney can advise you on how to best proceed.

Can You Sue for Surgery Complications?

Yes, you can sue for surgery complications that were the result of medical errors. An injury caused by medical malpractice is claimed to be the result of an error by a healthcare professional or hospital/medical institution.

However, not every surgery outcome is grounds for a malpractice lawsuit because every surgery involves risk. A surgeon may be held accountable for harm if he or she fails to act as a reasonably prudent surgeon would in the same situation.

There must be evidence that the doctor was negligent in order to file a medical malpractice lawsuit.

Establishing negligence requires proving:

• The standard of care

• How the medical professional deviated from that standard

• Patient injuries were caused by substandard care.

What damages can be recovered?

There are three types of damages available in medical malpractice cases, non-economic, special and punitive. Non-economic damages refer to the injured's cost of suffering such as the loss of enjoyment of life, or the loss of earning potential. Sometimes called general damages, these damages recover for the more abstract loss rather than hard numbers.

Economic damages, on the other hand, are damages that seek to recover quantifiable losses such as medical expenses or missed work. The last type is punitive damages, this type is meant to punish the negligent party. Pennsylvania has a cap, or limit, on punitive damages but, unlike some states, does not have a cap on non-economic or economic damages.

Informed Consent Laws

Informed consent is the process by which you are kept fully informed about your healthcare choices. For a medical practitioner to obtain complete informed consent, he or she first needs to conduct a discussion with you of things including:

• The nature of medical findings and related procedures
• Any alternatives to the recommended procedure
• Risks, benefits, and uncertainties related to a treatment option

In this discussion, a healthcare provider must make sure you fully understand their recommendations and all of your options, and that you accept their findings and wish for them to proceed. When a medical provider fails to obtain informed consent, you have a right to file a medical malpractice lawsuit if you suffer an injury as a result of your treatment.

Can I file a medical malpractice lawsuit even if I have signed a consent form? Yes. Signing a waiver does not give a medical professional the right to act with negligence while treating you. While there are certain risks associated with many medical treatments, healthcare providers must adhere to an accepted standard of care.

Consent forms are designed to acknowledge you understand the associated risks and potential complications associated with a certain treatment, not excuse healthcare providers from medical malpractice.

Common Examples of Medical Negligence

Medical malpractice cases range from the failure of a healthcare provider to provide informed consent to prescription drug errors. Our Philadelphia medical malpractice attorneys at Golomb • Spirt P.C.have successfully recovered millions of dollars in verdicts and settlements for victims of medical malpractice including:

Administering too much anesthesia Improperly restraining a patient Performing the wrong surgery Administering the wrong medication Failing to order necessary tests

Failure to monitor patient properly Ordering an unnecessary surgery Failure to diagnose a serious illness Mishandling a child during birth Prematurely discharging a patient

Will I have to go to court if I file a medical malpractice lawsuit?

A majority of all medical malpractice cases are settled without ever going to trial. That’s good news for injured patients. It is important, however, to choose an attorney that is skilled in litigation, not just negotiation. If your case does proceed to trial, you can rest assured knowing that you are being represented by lawyers with the knowledge and resources to litigate and try to verdict even the most complex medical malpractice lawsuit.

Legal Assistance for Victims of Medical Negligence

Medical malpractice cases can be especially complex, and because they are bound by varying statutes of limitations based on circumstances surrounding the negligence and the resulting harm, it is advisable to consult with an experienced malpractice attorneys in Philadelphia as soon as possible.

At Golomb • Spirt, P.C., our medical malpractice lawyers can assess your situation to determine if you have a viable case.

If so, we will work with you and begin gathering information to support your claim. We have the know-how and resources to thoroughly investigate your claim, compile relevant medical records, and collaborate with the appropriate medical and technical experts to demonstrate that your injury was caused by a deviation from the accepted standards of care. Call now to find out how we can put decades of experience to work for you.

Speak with a Medical Malpractice Lawyer in Philadelphia

If you or someone you love has suffered harm, or someone you love has died due to medical malpractice or negligence, it is important to speak to an experienced medical malpractice attorney immediately. Negligent doctors, nurses, and healthcare professionals must be held accountable for their negligence.

Recommended Reading:

• How Common is Medical Malpractice
• Can I file a class action against my doctor or hospital?
• Can I sue my psychiatrist?