Dedicated Philadelphia Medical Malpractice Attorney
Doctors take a solemn pledge to help and protect their patients. Yet each year, hundreds of thousands of Americans are harmed by a serious medical error. Some of these errors are the fault of the doctor, while others are the fault of a nurse, a staff member, or a medical facility.
Doctors should be healers and hospitals should be places of healing. If you or a loved one has become injured or ill due to the negligence of a medical professional or medical facility, the time to act is now.
At the Law Offices of Jeffrey H. Penneys, as an experienced Philadelphia Medical Malpractice Lawyer, I devote a large portion of my legal practice to helping the victims of medical malpractice. My legal team and I work our hardest to investigate claims and pursue compensation, whether through private settlements or through litigation.
Common Types of Pennsylvania Medical Malpractice
There are literally thousands of different types of medical malpractice. However, some are more common than others. I have experience with a wide range of claims and lawsuits, including:
- Hospital errors.
- Pharmacy and medication errors.
- Birth injuries.
- Surgical errors.
- Testing errors.
- Misdiagnosis and missed diagnosis.
- Monitoring mistakes.
- Failure to treat.
- Failure to refer to a specialist.
- Anesthesia errors.
- Defective medical devices.
- Wrongful death due to medical malpractice.
Note that there are many more kinds and subsets of medical malpractice than those listed above. If you believe that any medical professional or organization did not provide you with appropriate care and that your treatment left you injured, you should speak with a Philadelphia medical malpractice attorney today.
Did Your Provider Fail to Meet the “Standard of Care”?
In Pennsylvania, all health care providers are held to a certain “standard of care,” and failing to adhere to this standard when diagnosing or treating a patient is what constitutes medical malpractice.
Standards of care can vary by geographic location and by fields of medical practice. For example, doctors in rural Pennsylvania might not be held to the same standards as doctors in Philadelphia who have ready access to the latest medical developments and medical technology. Likewise, general practitioners and family doctors may not be held to the same standards as heart and brain surgeons, whose mistakes have a greater potential for life-altering consequences.
However, regardless of where you received treatment and regardless of who treated you, you have the right to expect that you will get better (not worse) after seeing a doctor. For this reason, if you have any concerns about the quality of care you received from a Pennsylvania health care provider, I strongly encourage you to contact me immediately.
Over the past 25 years, I have represented clients who have endured severe injuries and illnesses due to all types of medical mistakes. When you contact me to find out if you have a claim for medical malpractice, I will use my experience to thoroughly assess whether I believe your health care provider failed to meet the requisite standard of care. I will also refer you to a doctor who will diagnose the cause of your current medical condition at no direct out-of-pocket cost to you.
In my experience, some of the most common examples of failures to meet the standard of care include:
- Failing to order blood tests or scans that are needed in order to diagnose the patient’s condition;
- Overlooking evidence of injuries and illnesses in test results and scans (g., misinterpreting a patient’s blood test results or overlooking a bone fracture in a patient’s x-ray);
- Lacking the medical knowledge required in order to refer a patient to an appropriate specialist;
- Using too much force during surgery or childbirth;
- Leaving surgical tools and devices in patients’ bodies after surgery;
- Administering too much medication, too little medication, or the wrong medication; and
- Failing to keep adequate patient records, failing to thoroughly review patient records, and mixing up patients’ medical records.
Regardless of the specific type of mistake your health care provider made, I can make sure you receive just compensation for the effects of your provider’s medical malpractice.
You May Have a Case Even if You Signed a Medical Consent Form
Many patients and their families are under the wrong impression that when you sign a medical consent form, you sign away your rights to pursue a medical malpractice claim. However, this is not at all the case.
A medical consent form simply outlines the possible risks and complications of your procedure or treatment. When you sign the form, you acknowledge that you understand these risks. A medical consent form does not give a doctor or hospital an excuse to act negligently or to ignore the accepted standard of care.
Medical Malpractice Statute of Limitation in Pennsylvania
In Pennsylvania, you have two years from the date of your injury to file a medical malpractice claim. If you were a minor at the time of your injury, you have two years from the date of your 18th birthday to file a claim.
However, if you did not discover the cause of your injury right away, which sometimes happens in the case of medical malpractice, you have two years from the date of your discovery to file your case. This may happen if, for instance, you discover than an object was left behind during a previous surgery and that the object was causing you pain and health complications.
Of all the causes of personal injury, medical malpractice is perhaps the most frightening. Doctors wield god-like powers over us, and unfortunately, there is not one of us who will not need a doctor at some point in our lives. It is important to realize that not all medical mistakes amount to malpractice. If the mistake is a mistake that most doctors would have made, it is not considered malpractice.
Despite this, in some specialties such as neurosurgery and cardiovascular surgery, nearly 20 percent of doctors face at least one malpractice claim in any given year. When you consider the fact that it is often rather difficult to trace a physical malady to medical malpractice, 20 percent is a downright disturbing statistic that can send shivers up the spine.
Medical Malpractice Claims Are Complex
Tracing an injury or illness to an error committed by a health care provider can involve complex scientific reasoning, and proving that the error amounted to malpractice under the circumstances can get even more complex. Expert medical testimony is often required to prove your case, and medical defendants have a reputation for fighting like tigers when they feel that their professional reputation is on the line.
In a nutshell, a medical malpractice claim is no occasion to attempt to represent yourself or to hire inexperienced counsel. My name is Jeffrey H. Penneys, and after two decades of practice in personal injury law (including many medical malpractice cases), I stand ready and able to help you hold negligent health care providers responsible for the harm they have done to you.
My Medical Treatment Access Guarantee
“I will make sure you obtain the medical treatment you require for your injuries, without you being obligated to pay your medical bills until after your injury claim has been resolved.” – Jeffrey H. Penneys, Esq.
Types of Personal Injury Cases I Handle
I handle the following types of personal injury cases, among others:
Car Accidents: When you are the victim of a car accident caused by someone else’s carelessness, you usually end up having to negotiate a third-party claim with the other driver’s liability insurance carrier. The interests of these insurance companies are the opposite of yours, and they tend to be quite skilled negotiators.
Bicycle Accidents: Bicycle accidents produce some of the most devastating of all injuries, because of the bicycle rider’s lack of frame protection. In most cases, these accidents are the fault of the motorist due to failure to spot the bicyclist, failure to yield, texting and driving, or speeding. Establishing liability, however, is easier said than done.
Motorcycle Accidents: Motorcyclists place themselves at risk every time they enter traffic, because of the lack of frame protection available to a driver in a car. Motorcycle accidents sadly tend to be even more serious than bicycle accidents because they typically occur at much higher rates of speed.
Truck Accidents: Truck accidents commonly result in catastrophic injuries and long-term disability. Two factors are particularly important when pursuing a commercial truck accident claim: (i) discovering whether the accident resulted from a regulatory violation by the truck driver, and (ii) investigating the liability of the trucking company as a second defendant.
SEPTA Accidents: The Southeast Pennsylvania Transit Authority operates public transportation in Philadelphia. Although its overall safety record is reasonably good, the total number of accidents is high due to the sheer volume of people that ride its buses, trains, and trolleys every day. Negligence is usually a factor in these accidents.
Slip and Fall Accidents: A collapsing handrail, a wet floor, or an unexpectedly uneven surface can result in a slip and fall accident with catastrophic consequences, especially for elderly people with brittle bones. The owners or occupiers of public establishments and even private homes are responsible for ensuring the safety of their premises for guests.
Dog Bites: Under Pennsylvania dog bite law, you don’t even have to prove negligence to hold a dog owner liable for injuries caused by the dog. Furthermore, homeowner’s insurance policies usually cover dog bite claims. Insurance companies, however, can be stubborn negotiators unless they are faced with the realistic possibility of a successful lawsuit against them.
Wrongful Death: A death caused by negligent, reckless, or even intentional misconduct is a senseless tragedy that results not only in untold grief, but in financial difficulties. In Pennsylvania, the personal representative of the victim’s estate – and sometimes the victim’s estate beneficiaries – are entitled to seek compensation in a wrongful death lawsuit.