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5 FAQ About Medical Malpractice Lawsuits

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February 13, 2023

The topic of medical malpractice is a difficult one to break down and understand fully. It takes quite a bit of evidence and proof to make the case that medical malpractice occurred. This is because unfavorable outcomes from a medical treatment or intervention are not necessarily indicators that medical negligence has taken place. 

It is critical to connect with a lawyer who is experienced with medical malpractice claims if you believe that some type of medical error caused you to suffer physical bodily harm. One of the most complex types of personal injury suits to be successful with is medical malpractice. Working with an attorney who understands how to identify medical malfeasance, and knows what to do to prove it, can be highly beneficial.

The Pennsylvania medical malpractice attorneys at Edelstein Martin & Nelson, LLP have extensive experience handling medical malpractice claims in the Keystone State and will not rest until victims of medical errors are fully compensated for their damages. If you have questions about medical malpractice, the attorneys at Edelstein Martin & Nelson, LLP can provide legal counsel and advice.

Top Questions About Medical Malpractice Suits

5 FAQ About Medical Malpractice LawsuitsAnswers to the top questions concerning what medical malpractice is and how it happens may provide more clarity on the subject.

What are some examples of medical malpractice?

When a medical professional did not act in a responsible way that met the accepted standard of care that was required for the incident and a patient was harmed, this is medical malpractice. Misdiagnosis, surgical or anesthesia mistakes, failure to diagnose, or medication errors are some examples of medical malpractice.

How does a plaintiff win a medical malpractice claim?

It is critical that a plaintiff first show that they had a relationship with the medical provider who had a duty of care to them. Then, it must be proven that that duty of care was violated, which lead to injuries and the patient suffering losses.

Are doctors the only parties that can be held accountable through a medical malpractice claim?

Doctors can be named in a medical malpractice claim, but they are not the only parties that may be liable for paying injured patients. Medical facilities like hospitals, medical staff, dentists, pharmacists, pharmaceutical companies, and many more entities may have a claim filed against them if there was negligence.

How hard is it to win a medical malpractice claim?

After a claim is filed, it is very likely that a settlement can be made without going to trial. This is the most common way that all personal injury claims are resolved. However, if a settlement cannot be made, the court will determine your case. While medical malpractice suits statistically favor the medical provider or facility, it is important that you not be reluctant to file your claim because of this. When you have a robust claim where all of the elements can be proven, then the legal pursuit may certainly be worth the effort and time.

Do you need a lawyer to file a medical malpractice suit?

It is not a requirement to have an attorney when you file a medical malpractice suit. Legal suits can be very complicated, and there are several rules and practices to abide by for success. Considering the difficulty that comes with medical malpractice suits, it is in your best interest to have an attorney on your side when you decide to take legal action.

Medical Malpractice Attorneys at Edelstein Martin & Nelson, LLP

If you have been the victim of medical malpractice, call the personal injury attorneys at Edelstein Martin & Nelson, LLP, to schedule a free consultation at (215) 731-9900 today.

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