Considering that medical malpractice is much more common than most of us realize, it is surprising that it has not received the attention it deserves. There are funding and various research initiatives to find cures for cancer, aids, heart disease, malaria and many other diseases. But there have been no news about research to prevent various forms of medical negligence; this is despite the fact that medical negligence is the third leading cause of death in the US – it is that common.
Even if there are many thriving Philadelphia Medical Malpractice Lawyer offices, there are still many medical malpractice and negligence cases that victims choose not to pursue. Victims erroneously think they don’t have the resources to finance a lawsuit, think that filing malpractice suits will make medical care more expensive, or are hesitant to incur the ire of their doctor. Philadelphia PA medical malpractice lawyer knows this kind of thinking indicates most people do not truly understand medical malpractice; and this should cause concern for members of the American Bar Association.
Let us try to address a few concerns about medical malpractice:
What is medical malpractice?
Medical malpractice is when a medical professional commits an error which causes injury or damage to the patient. The error may be an act, a failure to act which may also be a deviation from accepted norms of treatment.
Is it easy to prove malpractice?
No, that is why you need the services of a good malpractice lawyer. The doctor-patient relationship must be proven. It should be proven that the doctor committed an error in providing medical care to the victim. It must be proven that the victim suffered injury. And lastly, it must be proven that the error committed by the doctor caused the victim injury or damage. Documentary evidence and sometimes the assistance of expert witnesses are utilized to successfully prosecute a malpractice case.
How much does it cost the victim to pursue a medical malpractice case?
It does not cost the victim anything in most cases. People should only deal with a Philadelphia medical malpractice attorney who will work on contingent basis (he gets paid only if he wins the case), and who agrees to advance the total cost of the case. Lawyers will only accept cases they are confident they can win. If no lawyer accepts the case on contingent basis, back off: it usually means you don’t have a good chance of winning in court anyway.
I may not be able to go back to my doctor for treatment if I file a malpractice case against him. Why should I?
The better question would be ‘Why would you want to continue seeing a negligent doctor for treatment?’ While it is true that trust between doctor and patient is built over time, when that trust is violated, it is time to re-assess. All cases of malpractice should be pursued with the help of Philadelphia PA medical malpractice attorneys if only to encourage physicians to exercise more caution when providing treatments.