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The Weitz Firm, LLC Has accomplished personal injury and complex litigation trial lawyer, who is always prepared to take a case to trial to secure fair compensation for his firm's clients. Give a call at 267-587-6240.
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The Weitz Firm, LLC, has earned the reputation as one of Philadelphia’s most effective boutique medical malpractice firms. Attorney Eric H. Weitz 25 years of litigation experience to deliver superior results for clients who have suffered harm at the hands of a negligent doctor, hospital or other health care professional. Represents clients in Pennsylvania, New Jersey and around the country.

Doctors and hospitals owe their patients a duty to take reasonable steps to protect them from preventable harm. But the truth is, medical malpractice happens all the time. Common forms of malpractice include:

  • Misdiagnosis or failure to diagnose an illness or injury
  • Prescribing or administrating the wrong medication or an inappropriate dosage
  • Surgical errors, such as leaving a tool inside the patient’s body
  • Unclean hospital facilities causing disease to spread
  • Sending patients home without first finding out what is wrong with them

Most of the time, especially in emergency situations, patients and loved ones must rely on their doctors’ judgment, and medical negligence may not be obvious until after the fact. If a doctor or hospital has negligently harmed you, you could be entitled to full financial compensation for your pain and suffering, medical bills and other damages — but you need an experienced and aggressive medical malpractice lawyer’s help to get it.

Mr. Eric H. Weitz is a Successful Litigator

Who has won multimillion-dollar verdicts and settlements for his clients. He understands that the best way to advocate for victims of medical malpractice is to take dangerous hospitals and doctors to court and ensure maximum compensation.

How do you know if you have a medical malpractice case?

Determining whether or not you have a medical malpractice case is not easy and you should not do it on your own. There are many factors that go into whether or not malpractice was committed.

  • Was the standard of care up to par?
  • Was there an injury?
  • Were there damages due to the injury?

Remember, medical mistakes happen in a variety of ways: surgical errors, medication errors, diagnosis problems, infections, and more. Because of this, you should always seek help from a qualified attorney when determining whether or not to proceed.

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Philadelphia Medical Malpractice Filings

I signed a consent form, does this prevent me from filing a claim?

Signing a consent form does not necessarily mean you cannot file a medical malpractice claim. When you sign a consent form, it is usually after a doctor or surgeon explains the possible complications and risks that come along with a procedure, course of treatment, or medication.

When you sign a consent form, you are acknowledging that you understand the risks and wish to undergo the procedure anyway. However, there are times when a medical malpractice case can still be brought. This can happen if:

  • A known risk was not on the consent form.
  • The full probability of a complication was not explained on the form.
  • The care you received before, during, and after the procedure was negligent.

How long do I have to file a claim?

In all states, there is a statute of limitations that places time limits on how long you have to file a medical malpractice claim against a healthcare provider or facility. Under Pennsylvania law, a person has two years from the time of injury to file a claim.

Now, that time frame can become a bit complicated because many medical mistakes are not discovered until well after they happened. In that case, the two-year countdown does not begin until the injury is discovered. This, however, also comes with other time limits. A claim must be filed within seven years after the incident that caused the injury took place.

If you have been injured due to a medical mistake, you need to act quickly to beat these time limitations.

Who can face a medical malpractice lawsuit?

Generally, the people who face a medical malpractice lawsuit had direct care over a patient who was injured due to a mistake. This usually includes doctors, surgeons, nurses, or other medical staff. It can also include dentists, optometrists, psychiatrists, anesthesiologists, pharmacists, and pharmacist technicians. The agencies and organizations these people work for can also face lawsuits. Nursing homes and nursing home staff can also face medical malpractice claims.

If there was a criminal case involved, can I still file a medical malpractice lawsuit?

Yes, you can. Medical malpractice cases are civil, not criminal. Even if a person is found not guilty criminally in a case, they can still face a medical malpractice lawsuit.

Philadelphia Medical Malpractice Lawyer Answers Your Frequently Asked Questions (FAQ)

Every week or so, we hear terrifying stories of American patients getting injured or dying as a result of medical mistake and negligence on the part of doctors, surgeons, nurses, and other medical professionals.

The fact that you could be injured while receiving medical care is quite worrisome because we tend to put our trust in healthcare providers and allow them to support and care for us and our loved ones in the times of need.

However, as practice shows, even the most reputable and world-renowned hospitals and healthcare professionals can make errors when treating, diagnosing, or operating on patients. But when these errors are caused by carelessness, negligence, or lack of qualification or experience, the injured patient is entitled to compensation under medical malpractice law.

Today, our Philadelphia medical malpractice attorney from The Weitz Firm, LLC, is going to explain everything you need to know about suing doctors and hospitals for committing medical malpractice and how you should get seek financial compensation for your medical expenses, pain and suffering, lost wages, and other damages and losses.

How to Recognize Signs of Medical Malpractice in Pennsylvania?

What to look out for when undergoing medical treatment to spot signs of medical malpractice? That is the question that bothers many patients who receive medical care in hospitals in Philadelphia and all across Pennsylvania.

Our experienced medical malpractice lawyer in Philadelphia explains that every doctor has the legal obligation to act with a certain duty of care. That duty of care is to do his or her job while adhering to the accepted standards of care in the healthcare community.

In other words, a doctor’s duty of care owed to a patient is to diagnose and treat in a way that any other reasonably prudent medical professionals would have diagnosed or treated under the same or similar circumstances. Failure to adhere to the highest standard of care exposes a negligent doctor to a medical malpractice lawsuit.

“Every patient in Pennsylvania has the right to seek financial recovery if his or her injury was caused or aggravated by a negligent, reckless, or incompetent doctor,” concludes our Philadelphia medical malpractice lawyer at The Weitz Firm, LLC.

What is the Time Limit for Medical Malpractice Cases in Pennsylvania?

Many of our clients feel pressured by the time limit to file a medical malpractice claim with the civil court in Philadelphia or elsewhere in Pennsylvania. Although the time limit for medical malpractice claims in our state is quite straightforward – two years from the date of your injury – the statute of limitations can vary in certain situations:

  • You have two years to file a medical malpractice claim from the date you reasonably discovered that you were injured due to a medical error;
  • Seven years from the date of the injury when you could not have reasonably been expected to discover it until late (not applicable n medical malpractice cases where a foreign object is left in a patient’s body);
  • If the medical error occurred when you were a minor, you have seven years from your 20th birthday regardless of when the injury was discovered; and
  • When medical malpractice results in wrongful death, the surviving family members have two years to bring a claim.

Does Pennsylvania Law Impose Any Limits on Medical Malpractice Compensation?

If you are trying to obtain compensation through a medical malpractice lawsuit, you are probably wondering if Pennsylvania law sets any limits on economic and non-economic damages. While Pennsylvania law does not impose any damage caps in medical malpractice cases, it does limit the amount of punitive damages, which are awarded to punish the defendant for serious wrongdoing.

“In Pennsylvania, punitive damages are capped at twice the amount of the economic damages that you can recoverin your medical malpractice case,” explains our Philadelphia medical malpractice attorney. Pennsylvania law also addresses such aspects of a medical malpractice case as the requirements for expert testimony, whether the settlement or award should be paid periodically or as a lump sum, and many other issues that may arise during the legal process.

Speak with the best medical malpractice lawyers in Pennsylvania by contacting The Weitz Firm, LLC. Get a free phone consultation from one of our legal experts to discuss your case and find out more today.

Learn Your Legal Options

We are a boutique law firm that keeps an exclusive client list. To schedule an appointment with Mr. Weitz to evaluate your case, please call 267-587-6240, or fill out our online intake form. Our office is in Philadelphia, Pennsylvania.

C
Carol Armen via Google+
Date published: 2018-04-20
5 out of 5

Eric Weitz is the lawyer everyone wishes they had: personable, professional, and extremely accomplished. He cares about your case and he goes above and beyond to get the best result possible. I highly recommend Eric Weitz!

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