What Constitutes Medical Malpractice 2017-08-29T20:14:19+00:00

Medical Malpractice Lawyers and Attorneys in Medford, PA and Cherry Hill, NJ

Representing Victims of Healthcare Practitioner and Hospital Negligence 

At the Law Offices of Luis Podel, it is our mission to make sure you and your loved ones recover the maximum compensation you deserve following a doctor or hospital’s negligent actions. Louis Podel is a medical malpractice lawyer in Medford,  Philadelphia, PA and Cherry Hill, NJ who fights to protect the rights of victims and who works diligently to make sure those responsible for the negligent treatment are held accountable for their careless actions.

Filing a malpractice claim can be complicated and rigorous, but as a negligence and wrongful death lawyer, Luis Podel takes every aspect of the case into his hands so you and your loved ones will never have to worry about any paperwork, confrontations with insurance agents, or obstinate healthcare employees. Trust Mr. Podel to provide you exceptional, passionate and dedicated legal counsel throughout the entire duration of your case.

 

What Constitutes Medical Malpractice?

Any type of medical practitioner or healthcare provider has a responsibility to follow standard safety protocols when both diagnosing and treating a patient. Doctors, nurses, anesthesiologists, and even hospital staff workers each have a role to play in the well-being of a patient and must abide by the highest ethical standards. Thorough care and accuracy must be adhered to when diagnosing a patient, performing tests, and when providing any type of care, be it administering an IV or executing a complex surgical procedure. When doctors, practitioners or hospitals fail to follow these safety guidelines, patients can experience complications with their current illness or develop new ones.  This is known as medical malpractice.

Medical malpractice can take many forms, but it always involves some aspect of negligence on the physician, nurse or hospital’s part. Sometimes hospital understaffing contributes to lack of patient monitoring, while other times, a doctor is insufficiently trained to perform a surgical procedure, yet carries forward with the treatment regardless. These errors or omissions can lead to devastating injuries for patients, including bacterial infections, paralysis, limb loss, brain damage, or even wrongful death.

Though many medical practitioners, doctor offices and hospitals carry medical malpractice insurance, the payouts to victims and their loved ones is often a mere shadow of what they truly deserve. Hiring an experienced medical malpractice attorney is critical to ensuring those who are wronged obtain justice for their pain and suffering.

Luis Podel works alongside medical experts to review you or your loved one’s medical charts, hospital surveillance footage, nursing staff protocols, and any other policies and procedures that were in place to identify doctor or hospital negligence.  He examines every piece of evidence, from blood work results to surgical equipment, and speaks directly with insurance agents and care providers to help you recover the maximum compensation possible.

Our law offices can help victims who have suffered from a wide range of medical malpractice errors, including, but not limited to the following:

  • Emergency Room Errors
  • Surgical Mistakes
  • Robotic Surgery Mistakes
  • Birth Injuries
  • Misdiagnoses
  • Failure to Diagnose
  • Medication or Pharmaceutical Errors
  • Heart Attack
  • Cancer
  • Stroke
  • Meningitis
  • Seizure
  • Anesthesia Errors
  • Radiology Errors
  • Paralysis
  • Limb Loss
  • Brain Damage
  • Bacterial Infections
  • Malnutrition
  • Wrongful Death

 

Establishing Blame in a Medical Malpractice Case

The key to securing a successful verdict in a medical malpractice case lies in successful litigation. Though some medical errors are blatant, others need to be established before a jury. In order for victims to obtain compensation for a doctor, practitioner or hospital’s negligence, blame must be established before any recovery can be made. That’s where having a skilled medical malpractice attorney comes into play.

There are four factors that must be established  in order to have a successful medical malpractice claim:

  1. A legal duty was owed by a hospital or health care provider following a patient’s care or treatment.
  2. A duty  to provide standard care was breached by the provider or hospital.
  3. Said breach resulted in injury or death.
  4. Victims must have suffered damages, physical, emotional or financial, as a result of the breach.

The fourth element is perhaps the most important one. Even if practitioner or hospital negligence occurred, a malpractice and wrongful death attorney must prove the victim suffered damages. Consequently, damages can occur without having to prove negligence. In the event of a wrongful death, whether negligence occurred or not, damage has been suffered and surviving loved ones may be entitled to compensation.

Mr. Podel understands the complex laws that govern medical malpractice lawsuits and takes the time to fully investigate the situation. He knows exactly what evidence to look for, how to attack the defense, and how to prepare expert and witness statements in connection to his client’s injuries or losses in order to establish a successful case. When you have Luis Podel on your side, you can rest assured your case will end with the best possible outcome.

 

Committed to Protecting Your Rights

You deserve nothing short of superior legal counsel for your injuries or losses. Because of a healthcare practitioner or hospital’s negligence, you may be suffering with lifelong disability, trauma or the death of a loved one. The Law Offices of Luis Podel are here to see to it that you obtain justice for the pain and suffering you have endured. Please give us a call today to schedule a free consultation so we can determine the best approach for your case. We have offices conveniently located in both Medford, PA and Cherry Hill, NJ and are committed to protecting your rights as a victim of medical malpractice, hospital negligence and wrongful death.