Medical Malpractice Lawyers in Philadelphia, PA

Medical safety researchers confirmed in May 2016 that medical malpractice is the third leading cause of death in the United States, accounting for over 250,000 deaths every year. Some estimates put the figure higher, at 400,000 deaths every year.

Yet, each year, only about 15,000 claims for medical negligence result in a payment. And the insurance companies for doctors and hospital remain quite profitable, bringing in over $1 billion a year in net income.

In our careers we’ve handled everything from birth hypoxia cases, to misdiagnosis of cancer, to gallbladder surgery malpractice, to spine and spinal cord mistakes, to medication errors — and we’ve obtained settlements or jury verdicts in all of those fields. We’re proud of the work we do to bring fair compensation to the victims of medical malpractice. We’re glad that, as a result of our cases, doctors and hospitals change their policies to make future negligence less likely.

So why aren’t there more medical malpractice lawsuits? Medical malpractice cases are difficult, expensive, and risky. They are difficult because of the complexities of medicine, and the ease with which doctors and hospitals can find expert witnesses willing to explain away even the most egregious malpractice. They’re expensive because injured patients have to prove every part of their case with their own expert witness physicians. They’re risky because jurors are often hesitant to hold doctors and hospitals responsible, because medical industry groups and insurance companies have been telling jurors for years that, if doctors are held accountable, then they might stop practicing medicine.

Thus, most personal injury lawyers shy away from malpractice cases. Or, they try to hedge their bets, taking a case but keeping their costs low, so that, if it doesn’t work out, they can keep their losses low, often by choosing a cheaper expert witness, or by limiting the work the expert does.

We think that’s a bad way to do it. Even judges say medical malpractice cases “turn upon the credibility of the expert witnesses,” and that they are a “battle of the experts.” Yacoub v. Lehigh Valley Medical, 805 A. 2d 579 (2002). The quality of the experts and their preparation for the case is critical.

When a medical malpractice lawyer accepts responsibility for a case, they accept responsibility for giving it their best. The moment we start investigating a case, we start with three components:

  1. a thorough review and summary of the medical records.
  2. a thorough discussion with the patient, with a careful look  where their recollection is different from the records.
  3. a complete review of the medical literature, including everything from guidelines published by medical associations to clinical trials to meta-studies.

We bring in expert physicians to review claims before we ever file. Importantly, we don’t just find experts who will tell us “yes,” regardless of the case, but rather experts who know their field so well that they know, from the beginning, how clear the malpractice was, what effect it had on the patient’s outcome, and where the medical science and literature might pose problems. There is nothing worse than dragging a client through years of difficult litigation just to have no result at the end, and we make sure that everyone understands up front what the strengths of their case are and where the challenges will be.

As the case progresses, we remain vigilant of any problems that could develop, and look at what we can do to stop potential defenses in their tracks and to bolster our client’s claim.

We are based in Philadelphia. We represent clients throughout Pennsylvania, with a focus on malpractice lawsuits in Philadelphia County, Montgomery County, Chester County, Delaware County, and Bucks County. Call today for a free consultation with our medical malpractice lawyers.

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Recent Medical Malpractice Blog Posts

Medical Ghostwriting Lives On Because Medical Journals Won’t Stop It

“Ghostwriting” has been the bane of good medicine for decades now. Pharmaceutical companies routinely “draft” scientific studies, medical journal articles, and opinion pieces and then pay doctors, scientists, and legislators [...]

September 15th, 2017|

Huge Study Confirms Birth Complications Can Cause Cerebral Palsy

For years, obstetricians and hospitals have tried to deflect attention from their mistakes by claiming that negligence during labor and delivery — like prolonged labor where a baby is deprived of oxygen, or where the delivery is traumatic — can’t cause cerebral palsy. I’ve written before about the problems with the American College of Obstetricians and Gynecologists’ guidelines on “Neonatal Encephalopathy and Cerebral Palsy.” Now there’s a new study of over a million births confirming that a lack of oxygen during birth is by far the most common cause of cerebral palsy. On March 7, 2017, the Journal of the American Medical Association published the results of a study of over 1.4 million births in Sweden. The purpose of the study was to look for any connection between overweight or obese mothers and cerebral palsy. The authors found a link, but, as they say, “the effect of maternal obesity on cerebral palsy” was “small compared with other risk factors.” So what really causes cerebral palsy? The biggest culprit is a lack of oxygen. […]

March 19th, 2017|

When Your Surgeon Is Busy Operating On Someone Else

Today’s Boston Globe “Spotlight” includes a detailed investigation of Dr. David Samadi at Lenox Hill Hospital in Manhattan’s well-to-do Upper East Side. Dr. Samadi made $6.7 million in 2015 as “a specialist in robotic prostate surgery.” But did he even do the operations? […]

March 12th, 2017|

The Worst 2% Of Doctors Pay 50% Of All Malpractice Settlements

A new study in The Journal of Patient Safety proves again what medical malpractice lawyers have known for years: the worst doctors cause a very large part of medical malpractice injuries. The study, “The Detection, Analysis, and Significance of Physician Clustering in Medical Malpractice Lawsuit Payouts,” reviewed payment data from the National Practitioner Data Bank (NPDB), an electronic database that follows malpractice settlements, actions by state medicine boards, and actions by hospital medical boards. The medical researchers looked at all of the malpractice compensation from September 1, 1990, through June 30, 2015, a time period during which over 1.2 million physicians practiced medicine in the United States. Incredibly, 25% of the payments in that time could be traced back to just 6,521 physicians, and 50% of the payments could be traced back to 22,511, which amounts to just 1.8% of all physicians who practiced then. […]

January 17th, 2017|

Anesthesia in Pregnant Women And Young Children: The FDA Versus ACOG

On December 14, 2016, the FDA released a new "Drug Safety Communication" about the use of general anesthetics and sedation drugs in young children and pregnant women. The warning affects all [...]

January 2nd, 2017|