Philadelphia Standard of Care Lawyer
If you have been harmed by a doctor’s negligence or a hospital’s mistake, you probably have a lot of questions about medical malpractice. At LawMD, we work hard to make sure the clients we serve understand their legal rights and the various steps involved in bringing a successful medical malpractice lawsuit.
One of the most fundamental concepts in any medical malpractice case is the “standard of care.”
Defining the Standard of Care in Your Case
Doctors have a duty to deliver the level of care a reasonable doctor in a similar field and within the same geographical area would have delivered in similar circumstances. This may seem like a fairly simple concept, and it can be, but it is imperative to establish the proper standard of care.
The reason this is so crucial is that the burden is on the plaintiff to show that his or her doctor (or hospital, or pharmacist, or other health care professional) failed to meet the appropriate standard of care.
For example, you would not compare a heart surgeon’s level of care to that of an orthopedic surgeon. Similarly, the standard of care in Manhattan may differ significantly from accepted treatment practices in rural Arkansas. Likewise, a doctor’s decisions and performance during a scheduled, planned cesarean section may be quite different from a doctor delivering a baby during an emergency c-section.
Whatever the circumstances involved in the case, the doctor must be held to the proper standard. This is where the lawyers at LawMD can help. Because many of our attorneys are doctors as well as trial lawyers, we have in-depth knowledge of the medical components of the cases we take on. We have been in operating rooms and at patients’ bedsides. These experiences are an invaluable resource in the courtroom and around the settlement table.
In medical malpractice cases, experts are called upon to testify as to the appropriate standard of care in the case. Identifying these experts is an important part of the case, as they must convince the court that the plaintiff’s doctor deviated from the standard of care.
In Pennsylvania, medical malpractice plaintiffs must also file a “certificate of merit” within 60 days of filing a medical malpractice lawsuit. This certificate is a sworn statement from a medical professional – usually a physician – stating that the care delivered by the plaintiff’s doctor failed to meet the appropriate standard of care. The purpose of this requirement is to weed out frivolous lawsuits by requiring plaintiffs to consult with an expert who has the skill and experience to truly scrutinize a doctor’s decisions and actions in a case.
Act Quickly to Protect Your Rights
Pennsylvania law also limits the time in which you have to file a medical malpractice case. Generally, you have just two years from the date of your injury or the date you discovered the injury to file a lawsuit. In any case, the statute of limitations is just seven years regardless of when you knew or should have known about the injury.
This is why it’s so critical to speak to a lawyer as soon as you suspect you have been injured by a physician’s negligence. If you delay, you will forever lose your chance to get damages for your injuries.
Need Help With A Philadelphia Standard of Care Lawyer
If you have been harmed by a doctor’s mistake or a hospital’s negligence, you may feel like you have nowhere left to turn. The medical system has let you down. Let us help you reclaim your health and your financial security. Call the medical malpractice lawyers at LawMD. Our Philadelphia med mal attorneys offer free consultations. Get yours today. Call 888-MY-LAWMD ( 888-695-2963 ).