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.