What conduct can constitute medical facility malpractice in Pennsylvania?

Medical malpractice generally refers to deviations from the standard of care. The standard of care encompasses what the larger medical community, beyond one doctor or one facility, considers reasonable and appropriate care in a given context. The standard of care generally includes both actions a reasonably prudent medical provider in a similar level and area of practice would take as well as actions such a provider would not take. For example, both operating on the wrong body part and failing to order medically indicated tests or treatments can constitute deviations from the standard of care. Often, claims involving malpractice in a medical facility have to do with medical negligence. However, the Philadelphia medical facility malpractice lawyers at Anapol Weiss also assist patients in cases involving other forms of mistreatment in healthcare institutions. When a medical facility entraps patients and detains them against their will, physically or sexually abuses them, allows them to sustain injuries due to neglectful conditions, or otherwise causes the patient harm, we can help injured patients understand their rights and legal options.

Under what circumstances can patients sue a medical facility for malpractice?

To sue a medical facility for malpractice, abuse, or neglect, you need to be able to establish certain elements, including the action or failure to act that constituted a breach of duty and the injuries and damages that resulted from that conduct. You generally can’t sue for poor medical outcomes that were not caused by negligence or malpractice or for medical errors that did not cause harm, even if these mistakes could have caused you injury. Our Philadelphia medical facility malpractice lawyers can make sure patients fully understand the legal implications of their situation and what avenues for recourse may be available to them. A thorough review of your specific circumstances can determine whether you suffered any injuries and damages that can be attributed to the mistreatment that occurred. We can also review your medical records to identify possible negligent conduct, even if you’re not sure whether your negative outcome was a result of malpractice.

What compensation can you recover in a malpractice claim against a PA medical facility?

If your situation presents grounds to sue a medical facility, we can help you pursue compensation for a wide range of losses. Your economic losses may include medical and rehabilitation costs, projected costs of future medical care, any lost wages you experience due to being out of work because of injuries related to malpractice, and other out-of-pocket costs. Your non-economic damages can include pain and suffering, mental anguish, scarring and disfigurement, and any decrease in your quality of life. Our goal in handling your claim is to make you as financially whole as possible by securing full compensation for all of your economic and non-economic damages.

How long do injured victims have to sue a medical facility for malpractice?

Different time limits may apply to different situations, which makes it critical that patients injured in medical facilities take action as quickly as possible. Generally, Pennsylvania law allows patients two years from the date medical malpractice occurred to file a lawsuit. The same two-year statute can apply to certain other claims involving negligent medical facilities, as well, including claims involving premises liability and injuries due to hazardous conditions, like slip and falls. Medical malpractice isn’t always obvious, especially right away. Under the discovery rule, victims generally have two years after they first discovered or should have discovered they were the victim of medical malpractice to file a claim. However, Pennsylvania’s statute of repose, under 40 Pa. Stat. § 1303.513, establishes a seven-year deadline that applies in all but specific situations and may limit your right to file a claim even under the discovery rule. Other exceptions include cases that involve minors and government entities. Because exceptions to the two-year statute and the discovery rule do exist, consulting an attorney early on can help protect your legal rights. In cases of abuse, time limits may differ depending on your age at the time of the mistreatment and the type of abuse you experienced. For example, minors who were sexually abused in medical facilities generally have until their 55th birthday to file a lawsuit, while young adult victims (between the ages of 18 and 24) have until their 30th birthday. A consultation with a knowledgeable attorney can help you determine the deadlines that apply to your individual situation.

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Philadelphia Medical Malpractice Lawyers/

Medical Facility Malpractice

Philadelphia Medical Facility Malpractice Attorneys

Medical Facility Negligence Lawyers in Philadelphia, PA, Dedicated to Fighting for Victims of Errors, Abuse, and Injuries in Healthcare Institutions

In hospitals, residential mental health facilities, and other types of medical institutions, patients are vulnerable to harm at the hands of negligent or abusive staff. You may feel that you have no way to stand up to the providers and caretakers whose actions have caused you harm, but with the right help, getting justice is possible. The Philadelphia medical facility malpractice lawyers at Anapol Weiss are committed to standing up for patients and taking on negligent healthcare institutions.

Nationally recognized members of our team, like Shareholder Kila Baldwin and Partner Marni S. Berger, lead the practice area at our firm, ensuring negligent medical facilities face the consequences of the harm they cause.

You can explore your legal options through a free consultation with our experienced medical facility negligence lawyers in Philadelphia, PA. Contact us today to get started.

Suing Medical Facilities for Patient Harm in Pennsylvania

Although mistreatment and serious medical mistakes should never occur in a healthcare facility, they do happen. Patients have the right to hold institutions accountable through the civil legal system, bringing to light intentional mistreatment and dangerous negligence while pursuing financial compensation.

A variety of different types of harm and malpractice can occur in PA medical facilities. Most often, unacceptable treatment occurs in facilities where one or more types of negligence occur, including:

Negligent hiring, such as failing to properly vet candidates, failing to conduct appropriate background checks, and hiring unqualified personnel
Negligent training of staff in all roles and all aspects of their job that could result in risks to patients
Staffing deficiencies that force personnel to take on unreasonably high patient loads, especially when they occur on a regular or ongoing basis
Inadequate supervision of personnel, which can give rise to patterns of neglect and even deliberate abuse in a medical facility
Inadequate or unenforced policies and procedures that relate to any aspect of patient safety and quality of care, including storing and dispensing of medicine, assistance for patients with mobility limitations, and proper consulting of patients’ medical records

To hold a medical facility liable for malpractice or mistreatment of any kind under Pennsylvania law, you need to establish certain elements, including:

The duty the facility owed to you
The action or inaction that breached that duty
Causation of injuries due to this breach of duty
Damages, in the form of economic and non-economic losses, resulting from the breach of duty

Some of these elements are more challenging to establish than others, particularly in a lawsuit against a medical facility for malpractice. For example, the institution had a clear duty to you as a patient at the facility, which makes this element of liability fairly straightforward. Establishing the negligence through which the facility breached that duty and the consequences of this breach of duty is more complicated, requiring compelling evidence and documentation.

How Anapol Weiss Can Help

The seasoned Philadelphia medical facility malpractice lawyers at Anapol Weiss assist patients harmed in all kinds of healthcare institutions, including:

Emergency rooms
Operating rooms
Hospitals
Surgery centers
Post-anesthesia care units
Urgent care facilities
Nursing homes
Inpatient psychiatric facilities
Residential youth services facilities
Residential facilities of all kinds

In a medical facility of any kind, the institution, its staff, and its administration owe you, as their patient, a duty of care. The medical facility was responsible for ensuring your safety and, through the services of its medical practitioners and other staff, providing care that aligns with the acceptable standard of care established by the medical community at large. When this doesn’t happen, regardless of the reason, you have the right to explore all options of legal recourse.

As experienced medical facility negligence lawyers in Philadelphia, PA, the team at Anapol Weiss is here to help patients harmed by healthcare institutions and their staff.

Types of Medical Facility Malpractice We Handle

Our Philadelphia medical facility malpractice lawyers know that improper treatment in healthcare facilities takes all kinds of forms. Whether you were the victim of medical errors, neglect, or deliberate abuse, you deserve to receive compensation for the harm you have been through. Facilities and personnel whose actions or failures to take action injure patients deserve to face the consequences through the civil legal system.

You can count on Anapol Weiss to assist you with cases involving any form of malpractice, negligence, neglect, or abuse, including:

Misdiagnosis, missed diagnosis, or delayed diagnosis
Improper treatment
Surgical errors and other forms of mistakes made in medical procedures
Gross negligence, such as operating on the wrong side of the body
Medication errors, such as prescribing, dispensing, or administering a medication or dosage that is ineffective, inappropriate, or dangerous for the patient’s medical situation
Failure to establish informed consent
Physical abuse, such as hitting, kicking, choking, dragging, pushing, and beating the victim
Sexual abuse, such as inappropriate touching, molestation, rape, or non-consensual sexual contact or conduct of any kind
Entrapment and inappropriate detention of patients
Inappropriate use of restraints, including chemical restraints as well as physical restraining devices
Failures to prevent injuries arising out of patient elopement or escape due to negligent supervision
Failures to prevent injuries on-site at the facility
Failures to prevent suicides
Wrongful deaths occurring as a result of negligence or mistreatment of any kind in the medical facility

In medical facilities that enable malpractice and abuse, patients may suffer from multiple forms of mistreatment influenced by multiple causes. We know that each medical facility malpractice claim is unique, and we build our clients’ legal strategies and arguments to reflect the specific facts of their situation.

Our Approach to Bringing Negligent Medical Facilities to Justice

Every stage of your malpractice claim against a medical facility is critical for achieving the best possible results for your family. At Anapol Weiss, our medical facility negligence lawyers in Philadelphia, PA, are prepared to handle every aspect of your case for you. Not only does this reduce the hassle the claims process can pose, but it also ensures each stage of your claim benefits from our professional skills and services.

When we handle your claim, we provide the following forms of assistance, all at no upfront cost:

Complimentary initial case evaluations
In-depth investigations using cutting-edge technology
Thorough case preparation that includes the advantages of having access to a network of expert witnesses
Handling of call claims paperwork, legal filings, documentation, interactions with defendants and insurance companies, proceedings, and settlement negotiations
A relentless pursuit of the full compensation you’re entitled to through settlement negotiations out of court or a trial verdict in your favor

Through diligent work that puts our clients first, we consistently get results for the injured, abused, and neglected.

Why Choose Anapol Weiss?

When choosing the right Philadelphia medical facility malpractice lawyers to handle your claim, you need to consider a law firm’s results, dedication to protecting the injured, and experience handling a variety of claims against healthcare institutions.

A Track Record of Success Fighting for the Injured and Abused

For more than 45 years, our team of Philadelphia medical facility malpractice lawyers has cultivated an impressive record of success in bringing negligent institutions to justice and securing payouts for our clients. Through thousands of cases, we have obtained our clients numerous high-value settlements and judgments, amounting to billions of dollars.

The compensation we recover for our clients is what allows them to move forward with life after medical facility malpractice, receiving the care and support they need to recover and offsetting the financial losses that result from their injuries.

A Commitment to Standing Up for What’s Right

Despite the significant impact getting full compensation can make in our clients’ lives, we know that’s not the only thing that matters. Our attorneys are committed to taking on cases that allow us to stand up for what’s right and give victims of malpractice a voice in the legal system. We’re dedicated to making a difference in the lives of our clients while ensuring that all parties involved in medical facility mistreatment face justice.

Representation for All Types of Injuries Arising in Medical Facilities

The harm that can result from medical facility malpractice can differ drastically from one claim to another. With extensive experience fighting for clients who have sustained all kinds of injuries, from serious infections and preventable strokes to injuries from abuse and sexual assault, we’re prepared for the specific challenges and legal nuances that apply to your situation. Our team holds institutions of all kinds accountable and doesn’t hesitate to take on large, influential health systems when their malpractice has harmed the patients under their care.

Contact the Philadelphia Medical Facility Malpractice Lawyers at Anapol Weiss for a Today Free Case Review

You can retain a prestigious law firm that commands national recognition to fight for you. Our contingency-based legal representation means there’s no upfront cost for our services and no risk in pursuing a claim. You only ever pay in attorneys’ fees a percentage of the compensation we succeed in obtaining for you.

For help from experienced medical facility negligence lawyers in Philadelphia, PA, contact Anapol Weiss online or call 215-608-9645 today.

Frequently Asked Questions About Medical Facility Malpractice Cases in Philadelphia

Medical malpractice generally refers to deviations from the standard of care. The standard of care encompasses what the larger medical community, beyond one doctor or one facility, considers reasonable and appropriate care in a given context.
The standard of care generally includes both actions a reasonably prudent medical provider in a similar level and area of practice would take as well as actions such a provider would not take. For example, both operating on the wrong body part and failing to order medically indicated tests or treatments can constitute deviations from the standard of care.
Often, claims involving malpractice in a medical facility have to do with medical negligence. However, the Philadelphia medical facility malpractice lawyers at Anapol Weiss also assist patients in cases involving other forms of mistreatment in healthcare institutions. When a medical facility entraps patients and detains them against their will, physically or sexually abuses them, allows them to sustain injuries due to neglectful conditions, or otherwise causes the patient harm, we can help injured patients understand their rights and legal options.
To sue a medical facility for malpractice, abuse, or neglect, you need to be able to establish certain elements, including the action or failure to act that constituted a breach of duty and the injuries and damages that resulted from that conduct. You generally can’t sue for poor medical outcomes that were not caused by negligence or malpractice or for medical errors that did not cause harm, even if these mistakes could have caused you injury.
Our Philadelphia medical facility malpractice lawyers can make sure patients fully understand the legal implications of their situation and what avenues for recourse may be available to them. A thorough review of your specific circumstances can determine whether you suffered any injuries and damages that can be attributed to the mistreatment that occurred. We can also review your medical records to identify possible negligent conduct, even if you’re not sure whether your negative outcome was a result of malpractice.
If your situation presents grounds to sue a medical facility, we can help you pursue compensation for a wide range of losses. Your economic losses may include medical and rehabilitation costs, projected costs of future medical care, any lost wages you experience due to being out of work because of injuries related to malpractice, and other out-of-pocket costs. Your non-economic damages can include pain and suffering, mental anguish, scarring and disfigurement, and any decrease in your quality of life.
Our goal in handling your claim is to make you as financially whole as possible by securing full compensation for all of your economic and non-economic damages.
Different time limits may apply to different situations, which makes it critical that patients injured in medical facilities take action as quickly as possible.
Generally, Pennsylvania law allows patients two years from the date medical malpractice occurred to file a lawsuit. The same two-year statute can apply to certain other claims involving negligent medical facilities, as well, including claims involving premises liability and injuries due to hazardous conditions, like slip and falls.
Medical malpractice isn’t always obvious, especially right away. Under the discovery rule, victims generally have two years after they first discovered or should have discovered they were the victim of medical malpractice to file a claim. However, Pennsylvania’s statute of repose, under 40 Pa. Stat. § 1303.513, establishes a seven-year deadline that applies in all but specific situations and may limit your right to file a claim even under the discovery rule. Other exceptions include cases that involve minors and government entities. Because exceptions to the two-year statute and the discovery rule do exist, consulting an attorney early on can help protect your legal rights.
In cases of abuse, time limits may differ depending on your age at the time of the mistreatment and the type of abuse you experienced. For example, minors who were sexually abused in medical facilities generally have until their 55th birthday to file a lawsuit, while young adult victims (between the ages of 18 and 24) have until their 30th birthday. A consultation with a knowledgeable attorney can help you determine the deadlines that apply to your individual situation.