Allentown Medical Negligence Attorney
Medical malpractice, often called medical negligence, occurs far too often in hospitals and other treating facilities. Medical professionals are often protected by their own legal teams and that is why it is so important for you to have an Allentown medical negligence attorney at Drake, Hileman & Davis, PC on your side.
What is Medical Negligence in Pennsylvania?
There are four things that must generally be demonstrated to show that medical malpractice occurred. The four legal elements that must be proven are:
- A professional duty owed to the patient;
- Breach of such duty;
- Injury caused by the breach; and
- Resulting damages.
Professional Duty. Not all medical professionals in Allentown or other cities throughout Pennsylvania owe a duty of care to everyone. There must be an existing relationship between you and a medical professional that would give rise to a duty of care being owed. For example, if you hire a surgeon to perform an operation, that surgeon owes you a duty of care to perform the operation with care, which meets that duty.
Breach of Duty. The second element that must be proven to show medical malpractice is that the duty of care owed was breached. In other words, it must be demonstrated that the medical professional failed to perform his or her duties at a level of competency required by law.
Injury. It must also be demonstrated that the breach of duty actually caused the injury in question. For example, even if an Allentown surgeon performed a surgery poorly, and breached his or her duty of care to you, it still must be shown that the poorly performed surgery caused your injury.
Damages. Finally, it must be shown that the injury caused you some type of harm recognized under the law.
We work with medical and other professionals to help demonstrate each one of these elements. Getting a medical malpractice judgment can be very difficult so it is important to have an experienced legal team on your side. Contact us today to discuss your rights and options under Pennsylvania law.
Are There Different Types of Medical Negligence?
Medical malpractice in Allentown can occur in many ways and in many settings. Here are a few examples:
- Failure to Diagnose or Improper Diagnoses. A medical professional may have committed medical malpractice if the medical professional fails to identify the true source of an injury or illness.
- Operations. Unfortunately, medical malpractice occurs far too often in operating rooms. Break downs in communication can lead to surgical equipment being improperly used or even left inside a patient after surgery.
- Post-operative Care. Medical malpractice could also occur after an operation. For example, burn injuries require continued care even after an operation and a medical professional’s failure to properly provide this post-operative care properly can lead to medical malpractice and serious injury.
These are just a few of the instances where medical malpractice can occur. Contact our Allentown medical negligence lawyers today if you have been injured by a medical professional.
What are the Most Common Types of Injuries from Medical Negligence?
Medical injuries – injuries caused by medical professionals – can come in all shapes and sizes. Some types of medical injuries are more common than others.
- Surgical Devices. A medical injury can occur when a surgical device, such as pacemaker, is improperly installed. A surgical device that is defective or poorly designed can do a patient significantly more harm than good.
- Wound Closure. At the end of a surgery, wounds must be properly closed to allow for proper healing and to prevent infection. Often this will require a medical team to make multiple closures, the failure to do any of these properly can result in a serious medical injury.
- Improper Medication. A medical injury can also occur where a patient is given the wrong type of medication or is given medication he or she is allergic to.
Medical professionals in Allentown must take reasonable steps to prevent these and other types of medical injuries from happening. A patient should always receive care that is designed to help. Seek medical attention from another provider if you have been injured by a medical professional.
What Protections Must Medical Professionals Put in Place to Prevent Medical Injuries?
Medical injuries are generally preventable. One study found that between 44,000 and 98,000 patient deaths occur annually in U.S. hospitals primarily due to breakdowns in communication. Hospitals in Allentown, and other treating facilities, should take reasonable steps to promote proper communication between members of a medical team to prevent medical injuries form occurring.
Medical injuries can also occur when surgical instruments (such as sponges) are left inside of a patient after surgery. To limit these types of medical injuries new technologies are being used that allow medical teams to scan surgical equipment in an out during the operating to keep track of what has been used and to ensure that everything is accounted for once the procedure is complete.
Processes and procedures should be in place at every level of treatment to ensure that you and your family are not subjected to treatment that leads to further harm or even death. Insist that you are given the care you deserve. If you are not, then contact us to discuss your rights and options.
What Should I Do if I Have a Medical Injury?
Keeping accurate notes and records is important for protecting yourself and your loved ones. For example, if you are told that a surgical device is required, ask questions and take notes about the device. Furthermore, you may want to conduct your own research on the surgical device.
If possible, get multiple medical opinions before committing to a surgery or other course of action. Having different experts with different backgrounds review your injury or illness is important. Medical injuries can progress slowly and it is important to bring any pain issues or other complications to the attention of your medical professional immediately.
Why Do I Need an Allentown Medical Negligence Attorney?
An experienced medical malpractice attorney at Drake, Hileman & Davis, PC can help you through the entire legal process. We work with all Allentown residents and medical professionals to ensure that the case is thoroughly reviewed and aggressively represented, so call us today at 610-433-3910