Question 1

What is Medical Malpractice?

Accepted Answer

Medical malpractice occurs when a medical professional's negligence causes injuries to a patient. Medical malpractice verdicts and settlements hold medical professionals accountable for their negligence and provide relief to patients who have suffered injuries as a result of that negligence. It is reported that 1 in 14 medical malpractice claims payout over one million dollars. Basic elements of medical malpractice include the following: The patient was owed a duty of care – Medical professionals owe a duty of care to&hellip;

Question 2

How Long Will it Take to Resolve My Medical Malpractice Case?

Accepted Answer

This is a question that we are often asked and the answer is that it is impossible to know how long it will take to resolve your case without reviewing your claim and conducting a factual investigation. Even after our review and investigation, we may have a better idea of the length of time that may be involved, but we still will not be able to give you a definite timeline. There are many factors that can affect the length&hellip;

Question 3

Should I Request a Copy of My Medical Records and How?

Accepted Answer

Under federal and Pennsylvania law, you have the right to obtain your medical records following your request. What you may already know if you have attempted to get your records is that medical offices are often reluctant to provide your records to you even though they are obligated to give them to you in most cases. Our clients often report delays and refusals to furnish their medical records. We have had to help many clients obtain their medical records from&hellip;

Question 4

Can I Prove My Medical Malpractice Case?

Accepted Answer

So you believe or suspect that you have been injured as a result of medical malpractice, but you are not sure you can prove it. The thought of trying to prove medical malpractice unfortunately keeps many victims from bringing medical malpractice claims. The truth is, a medical malpractice victim does not need to prove his or her case because with your cooperation, it is really up to medical malpractice attorneys and expert witnesses to prove your case.

Question 5

I Want to File a Medical Malpractice Lawsuit, How Much Time Do I Have?

Accepted Answer

There is a general two-year time limit (statute of limitations) on filing medical malpractice claims in Pennsylvania, but there are many exceptions to the time limit and factors affecting when the time begins to run. If you believe you may have a medical malpractice claim, contact Philadelphia medical malpractice attorney, Eric Weitz, at The Weitz Firm, LLC to schedule a consultation. It is important to consult with an expert to determine the strength of your case and to make sure&hellip;

Question 6

Will My Med Mal Case Settle Out of Court?

Accepted Answer

It is impossible to answer the question of whether or not your medical malpractice case will settle out of court without reviewing the facts of your case. Even upon review of your case, there are so many factors that come into play in a medical malpractice case that there really is no way to know for sure either way. This is especially true if your attorney is committed to seeing that you are fully compensated for your injuries rather than&hellip;

Question 7

Who is Responsible for Medical Malpractice?

Accepted Answer

There may be one party that is responsible for medical malpractice or there may be several. Many medical malpractice cases involve more than one defendant and part of concluding a case at trial is determining liability. For example, you may have three defendants, and a jury finds that one is 50% responsible while the other two are each 25% responsible. Part of what makes medical malpractice cases difficult is that when multiple defendants are involved, there can be a lot&hellip;

Question 8

I&#8217;m Not Sure if My Med Mal Case is Serious. Should I Still Hire a Lawyer?

Accepted Answer

Medical malpractice cases are complicated. There are many factors and variables that affect the strength of the case and the likelihood of recovery. For these reasons, most people hire a medical malpractice attorney who is an expert in medical malpractice claims to represent them. Besides the fact that medical malpractice cases are complicated, see below for additional reasons to hire a lawyer to handle your claim.

Question 9

I Was Misdiagnosed, Is This Considered Medical Malpractice?

Accepted Answer

Misdiagnosis can be medical malpractice in some cases, but not in others. There is more required than simply showing that your doctor misdiagnosed your condition in order to have a medical malpractice claim. In order to prove medical malpractice, you must prove that negligence caused your misdiagnosis and resulting injuries. So a misdiagnosis is only considered medical malpractice if negligence was involved and an injury occurred as a result.

Question 10

Can you sue for what might have happened during a medical procedure?

Accepted Answer

In some cases, you may sue for what might have happened during a medical procedure and in some cases, no. The real question here is whether or not you are going to be able to prove that you sustained injuries as the result of negligent conduct during the procedure. Proving medical malpractice can be difficult, especially in cases where you do not know exactly what happened, but with a medical malpractice attorney’s investigation and expert witness opinions, proving medical malpractice&hellip;

Question 11

What Type of Money Can I Expect to Win?

Accepted Answer

We are often asked that question and the answer is always the same, you really cannot have any expectation when it comes to your medical malpractice claim. There is no way to know how much money you may receive from your medical malpractice claim because there are too many variables. When you hire a medical malpractice attorney, he or she will conduct a fact-gathering investigation of your case including a focus especially on evidence of medical negligence and the extent&hellip;

Question 12

I Signed a Consent Form, Have I Waived My Rights?

Accepted Answer

Prior to medical procedures patients are often required to sign consent forms, which are meant to inform patients of procedural risks so that they may make an informed decision as to whether or not they want to go through with the procedure. A signed consent should show that the patient was both aware of the risks and he or she consented to those risks, waiving any right to sue should the patient experience one of the unfortunate risks he or&hellip;

Question 13

Hiring a Medical Malpractice Attorney, Do I Need One?

Accepted Answer

Yes, if you are a victim of medical malpractice, you need a medical malpractice attorney. Medical malpractice cases are complicated for a number of reasons. If you are not a medical professional and not experienced in medical malpractice cases, it is hard to not only make sense of what happened but to also try to figure out the next steps to take. A medical malpractice attorney’s job can be boiled down to helping you get necessary medical care, proving the&hellip;

Question 14

Finding Expert Physician Witnesses

Accepted Answer

Expert physician witnesses are almost always involved in medical malpractice claims. An experienced medical malpractice attorney will have many contacts and should not have a problem securing appropriate medical expert witnesses for your case. Expert witnesses are critical throughout the entire medical malpractice case process from determining whether or not the case has merit to testifying at trial, and everywhere in between.

Question 15

Do I Have a Medical Malpractice Case?

Accepted Answer

In 2016 there were 1,541 medical malpractice filings in Pennsylvania. Medical malpractice occurs when a medical professional's negligence results in injury to his or her patient. Medical malpractice is a complicated area of law that requires not only legal knowledge and experience regarding personal injury but also particular medical knowledge and expertise. Only experienced medical malpractice attorneys should be entrusted to handle this type of claim.

Question 16

Most Common Types of Medical Malpractice

Accepted Answer

Medical professionals are held to a high standard of care because patients' health and safety are in their hands. The duty of care owed to patients requires medical professionals to exercise the same level of medical skill and care that other medical professional peers would have exercised under the same conditions. In other words, was the skill and care exercised adequate compared to the skill and care of other medical professionals with the same level of education and area of&hellip;

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