If you believe you’ve been harmed by your doctor or another medical professional, it can be difficult to know where to turn. Not every misdiagnosis or mistake is actually considered medical malpractice, but many are. James P. Peters is an experienced medical malpractice attorney serving Delaware County, Montgomery County, Chester County and Philadelphia County, as well as many other locations throughout the Commonwealth of Pennsylvania. He will take the time to listen to your situation carefully and make sure that you understand all of your rights and options.
Medical malpractice describes a situation in which:
- A doctor/patient relationship existed
- The doctor was negligent
- The doctor’s negligence caused the injury
- The injury led to specific damages
Each of these four points must be present in order for a specific situation to be considered medical malpractice, so it is important that you understand what each of these things mean. The first and last of these are the easiest to determine. In order to prove a doctor/patient relationship existed, the physician must have agreed to be hired and you must have hired them — casual conversations do not count as this type of relationship. An injury that led to specific damages means that you suffered harm such as pain, mental anguish, additional medical bills or lost work or earning capacity.
Determining that the doctor was negligent and that it was their negligence that caused the injury is the crux of every medical malpractice case. You must be able to provide evidence that the doctor’s actions were not in keeping with the standard of care that a competent physician would have provided in the same circumstances. No physician is required to be the best, or to be perfect, but they are expected to be “reasonably skillful and careful.” In a medical malpractice lawsuit, this point is proven with the help of testimony by expert witnesses. Beyond proving this point, it is also necessary to prove that it was the doctor’s negligence that caused the injury. Depending upon the specific circumstances of your case, this can be the most difficult point to prove. Since the patient was already seeking treatment, a physician may offer the defense that the injury would have taken place with or without their role. James P. Peters has extensive experience in proving health professionals negligent, and he can help you too.
There are a number of different types of medical malpractice, but the three most common are the failure to diagnose an illness or injury properly, providing improper treatment for an injury or illness, or failure to warn the patient of known risks. These are each very different situations, but all can result in pain, suffering, medical expenses, and even to death. James P. Peters is a compassionate, sole practitioner who understands your frustration and need for justice. We will work hard to make sure you understand every aspect of your case and to provide you with the best possible outcome. Contact us today for a free consultation.