Medical Malpractice Cases

Although Philadelphia and the surrounding metropolitan area including Delaware County, Chester County, Montgomery County and Berks County are recognized throughout the nation as having some of the finest Health Care institutions and teaching hospitals, it is also a region where, due to the sheer number of hospitals and physicians, there are many instances of medical negligence which occur.

Studies have shown that approximately 80,000 people die in the United States each year from medical malpractice according to a Harvard Medical Practice Study. Other studies show that the number who die each year from medical malpractice is closer to 98,000 people and studies are limited to only hospitals!

According to that same Harvard Study, more than one million people annually suffer injuries from medical malpractice throughout the country. Those mistakes, to name a few, include failing to timely diagnose an illness or a medical condition; failing to prescribe or administer the proper medications, failure to properly perform medical procedures including surgery and failing to heed warnings or follow procedures during childbirth.

Medical Malpractice in Chester County

Here in Chester County, Pennsylvania, our law firm has seen over the years that only about one medical malpractice claim is brought for every thirty medical malpractice injuries which occur. People normally do not want to bring lawsuits against their doctors no matter what and are oftentimes unaware that malpractice has even occurred despite having suffered injury.

Simply stated, medical malpractice is negligent conduct rendered by a medical provider, be it a doctor, nurse or other hospital clinician which results in personal injury. Medical malpractice is similar to a driver ignoring a red traffic light and causing an accident. Here, it is the healthcare provider who has run a medical red light. When a medical provider fails to follow a procedure that other doctors generally would have deemed reasonable or performs a procedure which he or she should not have performed, there could be a case of medical malpractice. However, complications and unexpected results can occur even with appropriate medical care. Doctors and healthcare providers do not, nor should they, guarantee that their treatments will be successful. It is only if a healthcare provider negligently causes or contributes to an injury that he or she will be held liable. The conduct which caused the injury must fall below the standard of care expected in that doctor’s specialty.

We limit our practice to personal injury cases and medical malpractice cases

Steve Karp and Peter Hart have been practicing medical malpractice law in Chester County since the early 1980’s. They have tried medical malpractice cases in Bucks County, Montgomery County, Delaware County, Berks County, Philadelphia County, Lancaster County and Chester County including West Chester, King of Prussia, Honey Brook, Coatesville, Thorndale, Downingtown, Lionville, Exton, Frazer, Malvern, Paoli, Phoenixville, Devon, Berwyn, West Goshen, Chadds Ford, Kennett Square, Avondale, West Grove, Oxford, and Parkesburg.

They are fully aware of the burdens that must be overcome in order to successfully prosecute a medical malpractice claim. It is not easy. You must keep in mind that over 90% of all cases no matter how egregious the medical error are won by the healthcare provider. As a consequence, before any medical malpractice case is pursued, Steve Karp and Peter Hart first undertake a thorough investigation to ensure that there is a proper claim. Before proceeding with a case, they have a physician who specializes in the specialty where the malpractice is claimed to have occurred, review the case in detail and provide an opinion that there is a reasonable basis to bring the case.

Not all medical malpractice cases are worth pursuing

The old adage that there is no such thing as a good lawsuit unless it is your own, still applies today. I cannot begin to count the number of times per week that I receive telephone call inquiries concerning medical malpractice cases where the caller does not, within the first couple of minutes, put in a disclaimer by stating that, “I am not the suing kind, however…….” What they are trying to tell me is that they basically don’t believe in other people’s lawsuits (and as a consequence if they sat on a jury on another person’s lawsuit, they would probably not give an award) but are willing to make an exception for themselves.

The public has been conditioned by the constant bombardment of big business and insurance companies advertising that it is sleazy, immoral or wrong to bring a claim against someone else or an insurance company just because they’ve been hurt by someone else’s carelessness. This, no matter how bad they’ve been hurt.

I don’t mean to diminish the pain, despair, anger and desire for justice that victims of medical malpractice suffer. However, because of years of insurance company brainwashing, they don’t quite see it when it comes to other people. I assume that what the caller was trying to tell me was that they would not call me on a small or insignificant matter like other people would, but to them this is a very big event. However, oftentimes to a jury it is not a big event and the injuries are not significant enough to warrant a prosecution of a medical malpractice claim. Again, due to insurance company propaganda meant to make you think asserting your rights is wrong.

You must understand that at least eight-five percent of all medical negligence cases, no matter how good they are, are won by healthcare providers. Jurors tend to bend over backwards to give healthcare providers the benefit of the doubt. That stacks the deck immediately against most plaintiffs. Add to that the actual dollar cost of prosecuting such a case and it makes it even harder. Most medical malpractice cases require out of pocket costs of anywhere between $15,000 and $50,000. This does not even include the amount of time an attorney will put in to a case getting ready for trial. That can exceed two hundred hours depending on the complexity of the case.

Therefore, unless the surgeon is high on cocaine and cut off the wrong leg, it is hard to win a malpractice case. I may be exaggerating a bit here, but considering these formidable obstacles, plaintiffs attorneys who specialize in medical malpractice in Chester County and the Philadelphia metropolitan region are very careful about the cases they accept. If there is no recovery, they would be out of pocket substantial dollars and have wasted many hours of their time. This is why contingency cases are screened very carefully. The recovery and any award going to the lawyer is contingent upon a successful result.

This means that not only must the negligence be clear for the most part but the damages must be significant. I recognize that a person who spends a week in a hospital due to a physician’s error is extremely distraught, upset and angry. They deserve to be. However, in the overall scheme of things, a week’s worth of pain, suffering and inconvenience is not considered by most jurors to be of great significance.

The take away lesson here is that even if you are injured and the doctor clearly was in the wrong, it does not necessarily mean that it would be a case that would be taken on by experienced medical malpractice attorney.

We are the only law firm in Chester County, Pennsylvania which strictly limits its practice to only personal injury cases and medical malpractice cases. No other law firm limits its practice to these areas. Please contact us.