In order to prove negligence in a medical malpractice case, you must be able to show that the healthcare provider breached the standard of care owed to the patient, and that this breach resulted in injury to the patient. The first step is to consult with a medical malpractice lawyer in Philadelphia to discuss your case and see if you have a valid claim.
There are four elements that must be present in order for a healthcare provider to be found negligent:
1. The healthcare provider owed the patient a duty of care.
2. The healthcare provider breached the standard of care.
3. The patient was injured as a result of the breach.
4. The patient’s injuries were caused by the healthcare provider’s negligence.
The first element is typically not an issue, as it is generally accepted that healthcare providers owe their patients a duty of care. The second element, breach of the standard of care, is where many medical malpractice cases fall apart. In order to prove that the healthcare provider breached the standard of care, you must be able to show that the provider did something that a reasonable and prudent provider would not have done in the same or similar circumstances.
The third element, injury to the patient, is also typically not an issue, as most medical malpractice cases involve some type of injury. The fourth and final element, causation, is where many cases fail. In order to prove causation, you must be able to show that the healthcare provider’s negligence was the cause of the patient’s injuries. This can be a difficult element to prove, as there are often other factors that contribute to the patient’s injuries.
In 1998, a Philadelphia jury awarded $4.7 million to the family of a woman who died after she was given an overdose of the anesthetic agent propofol by her anesthesiologist. The anesthesiologist had been working for 24 hours straight when he made the mistake.
In another case, a Philadelphia jury awarded $1.5 million to the family of a man who died after his surgeon left a sponge in his abdomen during surgery. The sponge was not detected until the man developed an infection and went back to the hospital weeks later.
And in a third case, a Philadelphia jury awarded $3 million to the family of a woman who died after she was given a lethal dose of the painkiller Demerol by her doctor. The doctor had been treating the woman for pain after she had surgery to remove her gallbladder.
These are just a few of the many famous medical malpractice cases that have come out of Philadelphia over the years. Medical malpractice is a serious problem in the United States, and it happens more often than most people realize.
If you believe that you or a loved one has been the victim of medical malpractice, it is important to consult with a Philadelphia lawyer as soon as possible. An experienced medical malpractice lawyer will be able to review your case and determine if you have a valid claim.