Malpractice Attorney In Philadelphia – The Cost Of Losing

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There are plenty of good reasons why every malpractice attorney philadelphia is very choosy when it comes to accepting clients.  Primary reason of course is that they do not get paid if they lose; they all work on contingency basis and receive a pre-determined percentage of any compensation awarded to a client as a result of a negotiated settlement or a court decision.  Basically they cannot afford to work for free, and since lawsuits take months or even years to resolve, that can mean a lot of unpaid hours.

Another reason is that most lawyers also advance the money to pay for the many expenses associated with pursuing a malpractice case.  There are a number of filing fees to pay as well as notarization of documents and depositions.  There are expert witnesses to pay, house and feed during times when they are required to provide testimonies.  In extreme cases the legal tussle seems to boil down to a duel between groups of expert witnesses from both the defense and prosecution side.  The total costs advanced even by best medical malpractice lawyers in Philadelphia can run into several hundred thousand dollars.  The services of expert witnesses do not come cheap, as every lawyer in the rolls of the Medical Malpractice Trial Lawyers Association know very well.

Much more than just the money, there is also the damage to the reputation of the losing attorney to consider.  Most prospective clients look at a lawyer’s track record before approaching, and every malpractice lawyer in philadelphia dreads the effect of every loss.  In this aspect, lawyers who defend doctors from malpractice suits seem to have a better track record.  Less than a tenth of all malpractice cases ever reach trial by jury.  The rest would have been dropped, withdrawn or settled before then.  But of the cases that reach the jury, attorneys for physicians emerge victorious 80% of the time.

So far we have just discussed the cost to the malpractice lawyer.  Best medical malpractice lawyers in Philadelphia will tell you that even if their services are free, a loss may still cost a plaintiff a huge amount of money if the defense gets awarded the chance to ask for recovery of litigation costs.  In one instance, an unsuccessful complainant was charged more than $300,000.

 

Malpractice Attorney In Philadelphia On What Constitutes Malpractice

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The definition of medical malpractice is more complex than many people outside of the legal profession can easily understand. malpractice lawyers in Philadelphia will not have any problem determining whether there exists cause to file a case of malpractice, or simply a patient not satisfied with the service he or she has received.  Here are the factors that must be present for the courts to consider an incident of malpractice has occurred:

a)       A medical error has occurred in the treatment of a medical professional’s patient.  Such error needs to be attributable to negligence, incompetence or lack of proper precautions on the part of the medical professional.  Suffice it to say that not every case involving a patient who reports that the result of treatments he has received do not meet his expected result is a case of medical malpractice.  There needs to be proof that the negligence, incompetence or lack of precaution on the part of the medical professional in question is below the levels one would reasonably expect of medical professionals.  The medical malpractice attorney Philadelphia lists most common medical errors as mistaken diagnosis, administration of wrong medicines, under or over dosage, surgical errors and those associated with child birth.

b)       It needs to be proven that the error committed by the medical professional has resulted in injury to the plaintiff.  Relating the injury to the error committed by a medical professional is not always easy as saying the surgeon removed the healthy lung instead of the diseased one for example.  But unless direct cause and effect relation is established, there is no malpractice case.  It takes a good malpractice attorney Philadelphia to prove that the error caused the injury to the complainant.  The American Board of Professional Liability Attorneys has a lot of capable lawyers in their rolls.

c)       Finally it must be proven that the injury caused warrants the awarding of compensation.  If the injury is as apparent as paralysis, it is easier to see the need for compensation.  It is even easier to place a value on lost earning opportunities that have resulted from such an injury.  But it takes the skill of a medical malpractice attorney Philadelphia to establish the link in cases where the correlation is not so apparent.

Decisions on such complex subjects as what constitutes medical malpractice are best left to professionals.