Fighting for Philadelphia Medical Malpractice Victims Since 1982
Filing a medical malpractice claim is a thorough, expensive, and time-consuming process. It is imperative that when searching for a medical malpractice lawyer in Philadelphia to handle your case, you choose carefully on the basis of specialized expertise. We have decades of experience as trusted medical malpractice lawyers in Philadelphia, Pennsylvania, and believe that to be consistently successful in these cases, we must focus 100% of our professional time on medical malpractice exclusively. Thus, at Weiss & Paarz, medical malpractice is the only thing we do. Our clients are confident they have retained the specialized experience of skilled medical malpractice lawyers in Philadelphia, maximizing their chances of obtaining justice for themselves and their loved ones.
Our clients do not pay any fees unless we recover money for them.
Our medical malpractice lawyers in Philadelphia believe the opportunity to obtain justice should not be limited to those with substantial financial backing. As experienced medical malpractice lawyers in Philadelphia, we work on a contingency basis, meaning you will not have to pay any fees unless we successfully recover compensation for you. We handle the costs of investigating claims, and if we are unsuccessful, the loss is entirely on us.
Filing a Medical Malpractice Lawsuit in Philadelphia: What You Need to Know
Our medical malpractice lawyers in Philadelphia guide you through every step of the legal process from understanding the essential first steps, like obtaining a Certificate of Merit and meeting the statute of limitations, through achieving maximum compensation and an optimal resolve of your case. Medical malpractice claims are the only type of lawsuit we file as a boutique firm, so we are uniquely devoted to screening, fling, and aggressively litigating medical negligence cases to achieve the best outcome we can for our clients. Below is a more comprehensive list of the stages associated with a Philadelphia medical malpractice lawsuit:
- Providing your side of the story through our firm’s intake process so we can better understand what happened and why you’re reaching out to a lawyer
- Requesting and reviewing all of the medical records necessary to evaluate your potential claim
- Screening the case with our medical malpractice team and retaining experts to review the medical records for the purpose of supporting a lawsuit and obtaining a legally required Certificate of Merit
- Filing a Complaint and serving it on all the target providers, their employers, and any facilities involved that need to be included
- Litigating your case through factual discovery, which includes an exchange of information between all the parties in a lawsuit, depositions of parties and witnesses, and other forms of discovery specific to the case at issue
- Engaging in alternative forms of dispute resolution such as a settlement conference, mediation, or arbitration
- Whenever warranted, a jury trial
Medical Malpractice Philadelphia Cases We Handle
Our medical malpractice lawyers in Philadelphia have handled a wide range of cases, including:
Types of Medical Malpractice Cases We Handle in Philadelphia
- Birth Injuries: Including trauma and negligence during childbirth leading to complications for the mother or newborn, such as Cerebral Palsy, Hypoxic Ischemic Encephalopathy (HIE), and Erb’s Palsy due to shoulder dystocia.
- Brain Injuries: Medical errors that lead to traumatic or acquired brain injuries, including oxygen deprivation, delayed treatment of stroke, surgical complications, or improper management of head injuries.
- Medical Misdiagnosis, Delayed Diagnosis, & Errors: Errors that lead to improper treatment or delayed care, which can have severe repercussions. Mistakes such as incorrect drug prescriptions or improper dosage that can cause harm.
- Cancer Misdiagnosis: Failure to timely diagnose cancer or incorrect cancer diagnoses that delay critical treatment, lead to unnecessary procedures, or significantly reduce a patient’s chances of survival.
- Surgical and Emergency Room Errors: Mistakes during surgeries or in emergency care settings, including issues with anesthesia or acute condition treatments like stroke, heart attack, or cauda equine syndrome.
- Hospital Malpractice: Cases where negligence extends to the broader hospital system, involving multiple staff members and/or administrative departments for system failures.
Statistics on Medical Malpractice Cases in Philadelphia
Medical malpractice continues to affect patients across the country, with both volume and payout figures illustrating the scale of the issue and the importance of experienced legal advocacy.
According to data compiled from the National Practitioner Data Bank, the average value of a medical malpractice settlement in the United States is approximately $329,565, reflecting how significant these cases often are.
Over a ten-year period from 2014 to 2023, Pennsylvania reported 7,687 medical malpractice claims with total payouts of $3.176 billion, making it one of the states with the highest total malpractice payouts in the nation.
These figures underscore the prevalence of significant medical negligence claims in Pennsylvania and the potential financial stakes involved in pursuing justice for harmed patients. For residents of Philadelphia and surrounding counties, understanding these trends highlights the value of experienced legal representation when navigating a medical malpractice lawsuit.
Why Medical Malpractice Lawsuits Occur in Philadelphia
Medical malpractice lawsuits can happen for many reasons including but not limited to:
- Negligence: This can include actions or inactions, like misdiagnoses, surgical errors, birth injuries, failures to obtain informed consent, or inadequate treatment decisions.
- Failure to obtain informed consent: Medical professionals are required to obtain informed consent from patients before proceeding with the medical procedures or treatment they recommend. In certain situations, when a patient is not informed about the potential risks, benefits, and possible alternatives of a recommended procedure or course of medical treatment and then they are seriously injured due to medical malpractice, they could potentially assert an informed consent claim as part of their medical negligence lawsuit.
- Faulty Equipment: Misuse of medical equipment or faulty medical equipment can result in serious harm or death to patients. If the professional knew or reasonably should have known about a defect in medical equipment and failed to take action prior to utilizing said equipment during a patient’s care, and that patient was seriously injured, they could potentially be liable. Additionally, a product liability claim could be actionable against the equipment manufacturer.
- Failure to follow established guidelines: Medical professionals have standards of care within each specialty of medicine and a reasonable medical professional is expected to comply with such accepted standards to ensure patient safety and competent care. If a provider deviates from accepted standards of care, and their deviation increased the risk of harm to a patient who was seriously injured, it may constitute a medical malpractice lawsuit.
Why Choose Weiss & Paarz as Your Philadelphia Medical Malpractice Lawyers
Our medical malpractice attorneys exclusively handle medical malpractice claims and devote 100% of our practice to representing victims of medical negligence. By focusing solely on medical malpractice, we bring a level of specialization, preparation, and medical understanding that these complex and high-stakes cases demand.
Weiss & Paarz maintains a highly trained legal and medical team, including a board-certified physician, a board-certified maternal fetal medicine specialist, and experienced nurses who assist in evaluating claims and preparing cases for litigation. We also work with an expansive network of respected medical experts to support our clients’ cases and maximize their value.
Medical malpractice lawsuits are expensive and difficult to win. We carefully screen cases and commit the resources necessary to pursue them aggressively. Our firm handles all cases on a contingency fee basis, meaning clients pay no legal fees unless we successfully recover compensation on their behalf.
Philadelphia Medical Malpractice Lawsuit Success Stories: Our Results Speak for Themselves
At Weiss & Paarz, we have a proven track record of success. Our Philadelphia medical malpractice attorneys have secured substantial settlements and verdicts for clients in cases involving catastrophic birth injuries like cerebral palsy, placental abruption, hypoxic ischemic encephalopathy (HIE), kernicterus, or preeclampsia; surgical errors, cancer misdiagnosis, stroke misdiagnosis, heart attack misdiagnosis, and wrongful death due to various missed opportunities in care. These successful outcomes underscore our commitment to securing justice for victims of medical negligence.
FAQs
How much can you sue for medical malpractice in Pennsylvania?
In Pennsylvania, there is no cap on compensatory damages for medical malpractice cases. This means plaintiffs can recover the full amount of their economic losses (like medical bills and lost wages) and non-economic damages (such as pain and suffering) if they can prove their case. However, punitive damages, which are awarded in cases of egregious misconduct, are capped at 200% of compensatory damages unless the malpractice involved intentional harm.
How long to file a medical malpractice lawsuit in PA?
The statute of limitations (i.e. legal deadline) associated with filing a medical malpractice lawsuit in Pennsylvania is typically two years from the date an adult patient of sound mind knew or should have reasonably known he or she has a potential claim. There are various exceptions to this rule and more strict notice requirements may apply in cases involving federal employees or entities. Moreover, the deadlines are different in cases involving minors or incapacitated individuals. It is not possible for us to precisely determine your specific case’s legal deadline without thoroughly reviewing all of the necessary medical records and theories of negligence involved. To figure out how long you might have to file a claim, it is critical to consult with an attorney promptly.
How do you prove a medical malpractice case in Philadelphia?
Generally speaking, in order to prove a Philadelphia medical malpractice case, one must first establish a deviation from the standard of care that occurred. The standard of care is measured against what an average medical professional faced with the same or similar circumstances would have done at the time. Then, it must be proven that the deviation(s) from the standard of care increased the risk of harm to the affected patient. That increased risk of harm caused by the medical providers’ actions or inactions must have been a substantial factor in the patient’s ultimate injury. Additionally, the harm or injuries caused by the medical malpractice must be significant and permanent in order to justify the expenses associated with a lawsuit, as medical malpractice lawsuits are notoriously expensive to pursue (primarily due to high expert witness expenses).
How are damages calculated in a medical malpractice case?
Damages in a medical malpractice case are generally calculated by assessing both economic and non-economic losses:
- Economic damages include quantifiable losses such as medical expenses, rehabilitation costs, lost wages, lost household services or support, and losses of future earning potential. These are calculated based on medical bills, out-of-pocket expenses associated with the injury or death, and financial projections, typically analyzed and determined by an expert economist.
- Non-economic damages include intangible losses like pain and suffering, emotional distress, disfigurement, humiliation, and loss of enjoyment of life. It is oftentimes difficult to calculate this type of damages and in a jury trial, the jury becomes responsible for valuing each type of loss.
Weiss & Paarz Philadelphia Attorney Office Locations
Philadelphia Attorney Office Address:
1800 JFK Blvd, Suite 906, Philadelphia, PA, 19103
Phone: (800) 952-8444
Montgomery Attorney Office Address:
Two Bala Plaza, Suite 300, Bala Cynwyd, PA 19004
Phone: (800) 952-8444
Directions to Our Philadelphia & Montgomery Office Locations
Directions to Our Philadelphia Office:
Landmarks near our office: Devon & Blakely, Misconduct Tavern, Old Nelson Food Company
Walking from City Hall (~ 0.5 miles):
From City Hall (Dilworth Park side), walk west on Market Street toward 16th street. Continue on Market Street past 17th Street and then take a right down 18th Street. Our office will be located on your left at the end of the block, just past Commerce Street.
Walking from Rittenhouse Square (~ 0.4 miles):
From Rittenhouse Square, walk north on 18th Street, past Sansom and Chestnut Street. Continue straight, passing Commerce Street. Our office will be located on your left at the end of the block.
From 30th Street Station (~0.7 miles):
From 30th Street Station, walk east on John F. Kennedy Blvd across the Schuylkill River. Continue straight on JFK Blvd, past 23rd Street, 22nd Street and so on, until you reach 18th Street. Our office is located at the corner of 18th Street and JFK Blvd to the right.
From Atlantic City, NJ (~68 miles):
Take the Atlantic City Expressway west toward Philadelphia. Continue onto NJ-42 North and follow signs for Camden and the Ben Franklin Bridge. After crossing the Ben Franklin Bridge, keep left on I-676 West. Then take the Broad Street exit (which actually takes you onto 15th Street). Continue straight on 15th Street past Locust Street and then turn left at the next street, which will be Walnut Street. Continue straight, then take a right on 18th Street, and continue straight until you reach JFK Blvd. Our office will be located on your left.
From Harrisburg, PA (~106 miles):
Follow I-76 East to Philadelphia. Take the Broad Street exit (which actually takes you onto 15th Street). Continue straight on 15th Street past Locust Street and then turn left at the next street, which will be Walnut Street. Continue straight, then take a right on 18th Street, and continue straight until you reach JFK Blvd. Our office will be located on your left.
Directions to Our Montgomery Office:
Landmarks near our office: Philadelphia College of Osteopathic Medicine, Chanel (clothing), USPS
From Philadelphia (~7.5 miles):
Take I-76 W from S Penn Square, JFK Blvd and JFK Bridge. Follow I-76 W to US-1 S/City Ave in Bala Cynwyd. Take exit 339 from I-76 W/ Continue onto US-1 S/City Ave. Turn right onto Presidential Blvd and continue straight onto St Asaphs Ave. The office will be located on the right.
From Drexel Hill (~7.0 miles):
Take Garrett Rd, N Lansdowne Ave, S Cedar Ln and N Lynn Blvd to US-1 N/E Township Line Rd. Turn right onto US-1 N/E Township Lines Road. Follow US-1 N/E past the Dunkin. Turn left onto Conshohocken State Rd then turn right onto St Asaphs Rd. The office will be located on your right.
From King of Prussia (~15 miles):
Follow General Maxwell Ln and General Knox Rd to PA-23 E/W Valley Forge Rd. Follow PA-23 E and I-76 and take exit 339 for City Ave/US-1 S. Continue onto US-1 S/City Ave, then turn right onto Presidential Blvd. Continue straight to stay on Presidential Blvd and St Asaphs Ave for about 1 mile, and the office will be on the right.
From Bensalem (~22 miles):
Follow I-95 S in Eddington from PA-513 S and PA-132 E/Street Rd/U.S. Rte 13 Alt Truck. Follow I-95 S, then Take exit 30 toward PA-73/Cottman Ave/Rhawn St. Take Milnor St and Levick St to US-13 S. Follow Roosevelt Blvd, then take exit 339 for US-1 S to Presidential Blvd in Bala Cynwyd. Follow Presidential Blvd and St Asaphs Ave to the office located on your right.
For more locations, check out our Malpractice Attorneys based in New Jersey!