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What is Medical Malpractice, and How Do I Know if I Have a Medical Malpractice Case?

At the most basic level, the legal theory that justifies a medical malpractice claim is exactly the same as that involved in an automobile accident case:  Just like the operator of a motor vehicle has a responsibility to other drivers to operate his or her automobile in a careful manner, a physician has a duty to his or her patient to exercise “due care” in the treatment of the patient.  But what is “due care”?

The law has defined “due care” in a medical malpractice context as the care exercised by a reasonably prudent physician under the circumstances.  In other words, where a physician fails to act in a manner which is consistent with what a reasonable physician would or would not have done under the circumstances, the physician is negligent.  The major difference between an automobile accident case and a medical malpractice claim is that most people, as drivers, can understand when another driver is negligent.  However, in medical malpractice cases, a physician/expert is required to offer an opinion regarding a physician’s negligence.

In order to know whether you have a medical malpractice case, it is essential that an attorney who specializes in the field be retained.  An attorney who handles medical malpractice cases will obtain all of your relevant medical records, evaluate them, and then have the records reviewed by a physician.  In Pennsylvania, a lawsuit for medical malpractice will be dismissed in almost all situations unless the attorney for the person bringing the claim has a report from a doctor in the same specialty as the doctor who has malpracticed explaining why the doctor who malpracticed was negligent.

Medical malpractice claims are complicated, and expensive.  At Feldstein Grinberg Lang & McKee, P.C., several of our attorneys have many years of experience in handling medical malpractice cases.  Just as in other cases where a person suffers an injury as a result of someone else’s negligence, at Feldstein Grinberg Lang & McKee, P.C. we take no fee for our services in a medical negligence case unless we obtain a verdict or a settlement.  Further, we advance all costs, meaning that we pay all of the expenses involved in a medical negligence claim, including securing medical records and obtaining experts, and we are only reimbursed for those costs if we are successful with your claim.

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