When Do I Need a Medical Malpractice Attorney?

December 4, 2024

Medical malpractice is a devastating occurrence that can cause serious injuries, poor health conditions, and even death. Many victims and their families do not want to believe that a doctor or other medical professional has harmed them. Medical malpractice occurs all the time, but not all bad medical results are attributed to malpractice. The question many have is: “When should I see a medical malpractice attorney?”

The medical malpractice lawyers at Wapner Newman are ready to listen and potentially help you get justice. Call (215) 569-0900 for a free consultation to learn what we can do for you.

Medical Malpractice in Pennsylvania

No one wants to have to think about medical malpractice after going to a doctor’s office or hospital. Sadly, medical malpractice is common in Pennsylvania and across the country. In this state, medical malpractice occurs when a healthcare professional delivers negligent or unskilled treatment in a manner inconsistent with accepted, clear standards of medical care. This can result in damages.

What exactly are these standards of care? It depends on the circumstances of each case. Every time a doctor or other medical professional treats a patient in any way, they are held to high standards of care based on the nature of the treatment. For example, when a surgeon performs an operation, there are numerous standards of care involved requiring the doctor to treat the patient in a certain manner. Failure to do so would be a deviation from accepted standards of care.

Examples of Medical Malpractice

The medical profession is a vast universe of countless types of treatments and medical care. In every case, professionals in this industry must meet or exceed standards or face medical malpractice liability. As mentioned, the type of treatment determines the standards to be upheld.

The following are specific, common types of deviations from these standards in various contexts. If you have experienced any of them, now is the time to see a medical malpractice attorney.

Surgical Errors

Various types of surgical errors routinely occur every year, and many rise to the level of malpractice. These include:

Wrong-site surgery
Wrong surgical procedure
Items left inside the patient after surgery
Anesthesia errors
Wrong patient
Improper supervision
Lack of experience for a particular procedure.

In some of the worst surgical malpractice cases, surgeons perform operations while under the influence of drugs or alcohol. In others, surgeons are so tired or fatigued that they can’t help but make errors.

Diagnosis Errors

Diagnosis errors are among the most devastating types of medical malpractice. They take various forms, including:

Missed diagnosis, which is a failure to diagnose a condition
Delayed diagnosis
Incorrect diagnosis.

All three of these have the potential to seriously harm or kill a patient. Unfortunately, medical misdiagnosis is a leading cause of death in the U.S. Patients waste time and money when doctors won’t listen to them or when they merely treat them with assembly-line healthcare.

Keep in mind that a misdiagnosis in and of itself is not medical malpractice. In some cases, it is reasonable for a doctor to misdiagnose a condition, such as in the case of a rare condition that perfectly mimics another. Misdiagnosis occurs when a doctor should have made the right call but didn’t.

Medication Errors

Medication errors include:

Failure to prescribe
Failure to prescribe proper medication
Prescribing too high or too low dosages
Administration errors.

If a medication error harms you, you should immediately seek medical attention and then contact a lawyer for help.

Birth Injuries

Birth injuries devastate newborns and families. Negligent healthcare professionals have the potential to cause all manner of pain and suffering during labor and delivery. Common types of malpractice that occur during birth include:

Failure to monitor the fetus and mother
Failure to take appropriate action when issues arise
Improper use of vacuum or forceps
Avoidable blunt-force trauma
Medication errors.

Although birth injuries happen often to children, mothers may also be injured during birth when medical malpractice occurs.

Hospital Malpractice

Hospital malpractice occurs in two main ways: through direct negligence and through vicarious liability. Regarding the latter, hospitals can be held vicariously liable for the negligent actions of their employees, including doctors, nurses, and other professionals.

However, many doctors are independent contractors and not employees of the hospitals where they work. In some but not all of these cases, the hospital may escape liability when an independent contractor commits malpractice.

Examples of direct hospital negligence include:

Poor scheduling and staffing
Negligent security
Failure to equip and stock enough supplies
Dangerous or negligent policies and protocols.

Hospitals might also face liability for malpractice due to failures in sanitation and hygiene practices and policies.

Anesthesia Errors

Powerful drugs allow people to undergo surgeries without pain. Anesthesiologists must meticulously monitor patients and the drugs they receive throughout surgeries and afterward to prevent potentially dangerous situations. Medication errors, avoidable allergic reactions, and other bad outcomes can lead to medical malpractice liability.

Geriatric Malpractice

Elderly people are among the most fragile in society and deserve protection. Malpractice errors affecting them can be particularly devastating due to their frailty and dependence. Common types of geriatric malpractice include:

Medication errors
Misdiagnosis
Failure to treat
Failure to diagnose
General medical neglect.

If you suspect anything out of the ordinary about the medical treatment of an elderly loved one, you should inquire further into their condition and consider speaking with an attorney for guidance.

Medical malpractice attorneys at Wapner Newman have a track record of success that spans years.

When to Seek an Attorney for Medical Malpractice

Medical malpractice is serious and can cause death. If you suspect that you or a loved one has been a victim of substandard medical care, you should take steps to do something about it. One of those steps is to consult with an experienced medical malpractice attorney.

The Medical Profession Will Not Help You

Patients and their family members might notice that something is not right and begin asking questions. Eventually, they may reach out to their doctor or other professionals for answers. Of course, the medical professionals involved will want to get to the bottom of the problem, but they will also want to protect themselves from liability.

In other words, if you suspect medical malpractice and speak to your doctor, they will investigate the issue but are unlikely to admit malpractice. Medical malpractice puts a medical professional’s license at risk as well as their financial well-being. The customary reaction to a potential medical malpractice allegation is self-protection.

You Need an Advocate for Your Rights

The medical profession is there to heal your body and mind. However, medical professionals will not protect your right to compensation for medical malpractice. You need a medical malpractice attorney for that. A medical malpractice attorney will compel a negligent medical professional to pay for the harm they have caused you.

In some cases, medical malpractice is obvious, such as in the case of a mistaken amputation. In others, patients are unsure whether a medical professional is at fault. In both examples, the patient needs a medical malpractice attorney. Patients should schedule a free consultation to get answers and direction.

Speak With an Experienced Medical Malpractice Lawyer Today

If you or someone you love has been affected by medical malpractice, you will want to act sooner rather than later. Knowing when to take action is often complicated in these cases. However, meeting with an experienced medical malpractice attorney can get you the answers you need on how to proceed.

To learn more about medical malpractice claims and compensation, call (215) 569-0900 today for a free consultation. The medical malpractice lawyers at Wapner Newman are ready to help.