Getting You the Compensation You Deserve
We put our trust in the hands of physicians, nurses, and other medical staff when we are ill. We fail to realize that healthcare providers are not immune to errors, which can result in a patient having serious complications and fatalities. These mistakes are costly, with an estimated 795,000 Americans dying each year due to medical negligence.
Whether it involves misdiagnosing a stroke or prescribing the wrong medication, our legal team is prepared to recover the compensation you need. Call our personal injury lawyers if you or a family member has suffered an injury because of a physician’s negligence.
Tenacious Representation Against Physicians and Surgeons
Medical malpractice impacts the lives of thousands of families each year. Medical malpractice is defined as any act or omission by a physician that violates the accepted norms of their specialized field, resulting in injury to the patient. To have a successful medical malpractice claim, an individual must show that the doctor owed him or her a duty of care, violated that duty, and that the patient suffered harm as a consequence.
Our medical malpractice team has experience negotiating with insurance companies to reach a settlement that reflects the totality of your injuries and expenses. If the insurance company is unwilling to offer a fair settlement, we are not afraid to take your case to court.
Determining the Worth of Your Medical Malpractice Case
With medical errors being the third leading cause of death in the United States, patients should be vigilant every time they visit a doctor’s office. Every malpractice case is unique, with patients coming across different challenges.
The value of a medical malpractice case is dependent on a number of factors, including the following:
The Physician’s Negligence
A medical malpractice claim hinges on demonstrating the physician’s negligence and showing that the medical error caused your poor outcome. Medical evidence is critical in proving a physician’s negligence and may include:
- X-rays
- MRIs
- CT scans
- Ultrasounds
- Physician’s notes
- Expert witness testimony
The Extent of Malpractice
Medical malpractice can involve misdiagnosis, delayed diagnosis, medication errors, birth injuries, and anesthesia errors, to name a few. While physicians should be held accountable for their errors, not all instances of medical malpractice are weighed equally. If a doctor caught the mistake and took steps to remediate it, the gravity of the malpractice is not as severe as if he or she had never recognized his or her mistake.
The Severity of Your Injuries
If a physician’s carelessness caused you to suffer long-term or permanent disability, your case will likely be worth more than a person who sustained minor injuries. That is because a person who experiences severe injuries is likely to have significant lost income and medical bills. A long-term injury often results in a series of doctor’s appointments, with co-pays adding up quickly.
Lost Wages
A serious injury typically requires a person to miss time from work. In some situations, injury victims may be unable to work entirely. In this event, diminished earning capacity can be claimed, allowing the individual to recoup the lost income.
Your Share of Fault
While this is not always applicable, in some cases, victims of medical mistakes may contribute partially to their injuries. This could happen if a patient fails to follow care instructions following surgery. Even if the patient develops a post-surgical infection due to a sponge being left behind, some degree of fault may be attributed to the patient if the wound is not properly cleaned.
Under the state’s comparative negligence law, victims are allowed to recover damages as long as they are less than 51 percent at fault. If a victim shares a higher percentage of fault, recovery will be barred.
Our Medical Malpractice Lawyers Fight for You
Medical malpractice happens frequently, far too often, resulting in devastating consequences. If you have suffered an injury due to a doctor or surgeon’s carelessness in Reading, PA, you deserve just compensation for your hardship. Contact Fanelli, Evans & Patel by completing our online contact form. or by calling 484-869-2113 to schedule your free consultation.