Medical Malpractice

Serving Philadelphia County, Pennsylvania & New Jersey

Pennsylvania and New Jersey medical malpractice laws are designed to give legal recourse to patients who have suffered needless injury at the hands of healthcare professionals that could have been avoided by meeting the established standard of care.  Not all injuries qualify. 

There must be negligence, carelessness, or malicious intent on the part of the doctor, medical professional, hospital, nursing home, or other healthcare provider.  Further, it must be proved that the patient did not receive the care that other medical providers would have given in the same circumstances. 

The Law Offices of Richard S. Seidel, P.C. offer medical malpractice representation primarily in Philadelphia County and throughout Pennsylvania and southern New Jersey.  The firm offers free initial consultations to people who may have a medical malpractice claim. 

This consultation gives you an opportunity to explain what happened to you and receive advice from malpractice attorney Richard Seidel about whether you should pursue a Philadelphia or New Jersey medical malpractice claim and/or lawsuit.  If your case can be pursued, it is generally taken on a contingency fee basis, meaning that you pay no legal fees unless or until your case is won and you receive a money settlement or award.

Medical malpractice can occur at any level of care

Medical malpractice in Philadelphia County, Pennsylvania, and New Jersey can result from either a wrongful action or a failure to take appropriate action.

There are literally hundreds of reasons for medical malpractice lawsuits.  Examples include—

• Failure to diagnose a disease or condition
• Providing inappropriate treatment for a disease or condition
• Unreasonable delay in treating the disease or condition
• Prescribing the wrong medication
• Administering the wrong dosage of medication
• Surgical errors, such as removing the wrong body part or leaving surgical equipment inside the patient
• Obstetrical errors leading to avoidable birth injuries such as cerebral palsy

Gaining compensation for medical malpractice

With 20 years experience helping clients with medical malpractice in Philadelphia County, PA and New Jersey, Richard Seidel and his legal team know how to research your case and determine how much compensation you deserve and from whom.  Your claim is negotiated with insurance companies and often a fair settlement can be reached without going to court. 

At other times, your case must be pursued at trial to get the most positive outcome.  This usually takes longer and may be more costly, but it usually well worth the effort.  Many legal experts agree that the amount of your compensation may be determined by the skill of your malpractice lawyer. 

There are two kinds of compensation awarded for medical malpractice—

Compensatory damages.  This is money paid for the actual injury and associated expenses and losses. Examples of  compensatory damages include:

Family members of a medical malpractice plaintiff may also be entitled to compensatory damages for loss of companionship, emotional suffering, and the cost of medical expenses.

Punitive damages.  This is money awarded to the patient to punish the healthcare professional or facility that was negligent.  Punitive damages are awarded if it is found that the healthcare professional or facility acted in a way that is deemed willfully harmful or malicious.  Punitive damages are only awarded in extreme cases.

Time limits on medical malpractice lawsuits in PA and NJ

For most medical malpractice lawsuits in Pennsylvania and New Jersey, a two-year statute of limitations applies. This means you must file a lawsuit within 24 months of when the injury occurred or was discovered.  Attorney Seidel recommends talking with a medical malpractice lawyer as soon as possible rather than waiting until the last minute.  This gives your attorney more time to research and prepare a thorough claim and also cuts down on the risk of missing the filing deadline.  There may be unique situations where the standard statute of limitations does not apply.  Consult your attorney if you are not sure.

Contact us today for a free consultation

If you need to know more about filing a medical malpractice claim or lawsuit, please call 215-546-1225, toll free  877-593-3067, or contact the Law Offices of Richard S. Seidel, P.C. online.