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Lehigh Valley Medical Malpractice And Negligence |Console & Associates P.C.

If you or a loved one were injured due to medical malpractice, you’ve come to the right place.

  • We have more than 25 YEARS OF EXPERIENCE helping medical malpractice victims resolve their claims.
  • THIS IS WHAT WE DO- Every single day, we handle Philadelphia medical malpractice cases. We have the knowledge and experience to get you the best results possible.
  • We help get your life back on track quickly while you focus on getting better.
  • We go the extra mile whenever we can, working with insurance companies, so you don’t have to.
  • We care because we know from experience what it’s like to be the victim of malpractice. We treat every client the way we would expect to be treated.
  • Our No Fee Promise means you pay nothing until we win money for you.

Call us now and let us help with a free consultation!

Philadelphia has some of the most recognized hospitals in the nation and the world, but that doesn’t mean their patients are immune from neglect. Doctors slip up, infections spread, and patients’ lives change forever. Sometimes doctors fix small mistakes with quick procedures, but other times, those mistakes can be fatal.

You have to make a decision. It’s a big decision, the kind you don’t want to rush into, but it’s also the kind of choice that can’t wait. Which Philadelphia medical malpractice lawyer will you trust with your claim?

You see, medical malpractice cases are so tough to win that you need the right attorneys fighting on your side. But your rights won’t last forever. If you wait too long to start looking for an experienced medical malpractice lawyer, you could end up losing your rights and leaving hundreds of thousands of dollars on the table.

If you were the victim of medical malpractice, now is the time to speak up. You shouldn’t feel like your experience was normal or warranted just because you received treatment in a top-notch hospital. The medical staff should be accountable for their mistakes, and you deserve compensation to cover your expenses. Contact the team at Console and Associates today to discuss your case and your options to seek justice.

How Common Is Medical Malpractice in Philly?

If you think your doctor may have made a mistake, your suspicions aren’t all that farfetched. Medical errors are far more common than most Philadelphians believe.

Medical Malpractice Statistics

Philadelphia Medical Malpractice Lawyer

Because medical errors are so often covered up, it’s hard to say exactly how prevalent malpractice really is. Not until 1999, when the Institute of Medicine published a report that estimated that 98,000 people die from hospital mistakes each year, did the extent of the problem start to become clear.

In the years that followed, medical professionals saw pressure to reduce errors, as the Agency for Healthcare Research and Quality reported. This landmark study caused other organizations to research medical malpractice, and their reports showed the number of deaths could be even higher.

Preventable hospital errors lead to 200,000 to 400,000 deaths each year, a more recent study published in the Journal of Patient Safety reported.

If this estimate is right, hospital negligence is the third leading cause of death in the United States, killing more people than work accidents, car crashes, drug overdoses, violence, and most diseases.

1% of Physicians Account For 32% Of All Claims

Researchers reviewed more than 66,000 claims made against physicians between 2005 through 2014. Despite their study reviewing data from more than 54,000 physicians, they found that some doctors appeared to be far more prone to malpractice claims than others. In fact, one percent of all physicians accounted for 32% of claims that resulted in a settlement.

It turns out that doctors who have paid claims against them have a higher chance of recurrence, or paying out a claim in the future. Roughly four percent of doctors had at least three paid claims against them. This raises a lot of interesting questions. Here are two of the most important ones:

  • Are some physicians more prone to having poor judgment or making bad calls?
  • If they are, is there a reason they’re allowed to continue to practice medicine after having so many medical malpractice claims against them?

Medical Malpractice Claims in Philadelphia

As common as medical errors are, only a small percentage of victims ever stand up for themselves by pursuing a medical malpractice claim.

In 2015, for example, Philadelphia juries heard just 21 medical malpractice cases, and only 38 percent of the victims won their lawsuits, the Unified Judicial System of Pennsylvania reported. But this statistic doesn’t tell the whole story. Most patients who could file a medical malpractice claim don’t. They miss out on getting what they deserve due to fears that filing a claim is complicated, time-consuming, and costly.

Too many victims of medical errors live with severe injuries day in and day out. They often lack the financial resources that could help them afford the best treatment, so they never get better. Our medical lawyers in Philadelphia want to make sure this doesn’t happen to you.

When you work with Console and Associates, you don’t have to pay a penny for your claim unless and until we win. We advance all the costs while we fight to find a successful resolution to your claim. If we can’t get you a settlement, we cover all the costs, and you don’t owe us anything. Really. We believe that if you’re a victim of medical malpractice, you deserve the chance to get justice. Call today to speak with a lawyer about your case!

Understanding Medical Malpractice in Philadelphia

Philadelphia Medical Malpractice LawyerAccording to Emergency Physicians Monthly, Pennsylvania is one of the states with the highest premiums for medical malpractice. In fact, in Philly, the premiums can be as much as $100,000 a year or more. Why? because the state also has some of the highest payouts for claims.

This is good news for Philadelphia residents who are the victims of medical malpractice. To protect your health and safety the state’s malpractice laws punish negligence, giving a financial incentive to hospitals to put their patients ahead of their profits.

However, the EPM also reports that medical malpractice claims have dropped 44 percent in the state and 65 percent in Philadelphia over the last decade as the result of malpractice reform. This doesn’t mean there are fewer cases of medical malpractice, but rather fewer patients who move forward with their case.

We think this is wrong.

The law is clear. If you are a victim of medical malpractice, you have the right to file a claim. When you speak with our attorneys, we’ll help you understand your rights and what comes next.

Do You Have a Philadelphia Medical Malpractice Case?

The number one question our Philly office gets is, Do I have a case? It’s an excellent question, but one that is difficult to answer. Everything about your claim is unique, which is why you should call today and speak with an attorney. In general, however, all medical malpractice claims need to have three things:

  • Negligence
  • Evidence
  • Damages
Negligence

All medical professionals agree to follow the standard of care. This is a list of guidelines they agree to follow to help keep their patients healthy and safe. Failure to follow this standard is negligence. The reason for your injury could be due to many different factors, including:

  • Inattention: Overcrowded hospitals and waiting rooms might mean your doctor makes a mistake or misses something they shouldn’t.
  • Misdiagnosis/Missed Diagnosis: When you have a serious medical condition every second count, your doctor has a duty to diagnose you accurately and to inform you as soon as they know something is wrong.
  • Overprescription: Prescription medication is a powerful tool for recovery and pain management. However, some pills, like opioids, are also highly addictive and dangerous. If your doctor prescribes you a medication you don’t need, and it causes an overdose, it can be a sign of malpractice.
  • Infection: Every year, thousands of patients develop infections due to unsanitary or inattentive medical professionals. In some cases, wounds become septic, which can result in amputation or death.
  • Birth Injuries: Having a child should be one of the happiest moments of your life. Unfortunately, when a doctor or other medical professional is negligent, it can have life-long, or fatal, consequences for your child.

These aren’t the only examples of negligence Pennsylvania law accepts as a sign of medical malpractice, but they are some of the most common. If you’re not sure if what happened to you or a loved one qualifies, call our Philly office today.

Evidence

Just because something unexpected and terrible happened to you doesn’t automatically prove malpractice. To convince a judge, jury, or mediator that your doctor or other professional violated the standard of care, we need to provide evidence. This includes your medical records, statements, and the testimony of expert witnesses to help prove negligence.

Damages

Even if you are the victim of medical malpractice, filing a claim isn’t possible unless you can prove that you suffered serious injuries or permanent damages from their negligence. This can include:

  • Amputation
  • Long-term pain
  • Infections & septic shock
  • Drug overdose or addiction
  • Birth Injuries
  • Serious medical conditions made worse by misdiagnosis or a missed diagnosis
  • Disability
Medical Malpractice And The Standard Of Care

When you go to your doctor, you might not see him or her asking other physicians for their opinions and advice. But your doctor is part of a larger medical community made up of all doctors who are licensed to practice medicine.

This medical community agrees on certain things. They know what diagnostic tests and treatments are appropriate for a set of circumstances. More importantly, they know what risks those treatments might have and how to avoid the most serious ones.

Your doctor has the independence to make decisions about how to best treat your medical conditions, but these treatments must align with what the medical community considers acceptable.

We call this adhering to the standard of care.

Individual doctors might disagree over which medication will work best for a patient. They might have different opinions on which surgical technique will be the most successful. But they must understand which treatment options are acceptable according to the standard of care. If they don’t adhere to this standard, it can lead to mistakes and negligence.

To prove your medical malpractice claim, we need to show that a medical professional’s negligence caused your injuries or damages. Their attorney will try to say that what happened to you or a loved one was unavoidable. They might even try to say that what happened was due to something else entirely, such as a prior medical condition, or unrelated event. It can be a difficult, complicated process, but it’s one that our Philly medical malpractice attorneys can handle. We have more than 20 years of experience filing claims in Pennsylvania, and we know how to win.

Philly Medical Malpractice Damages

Philadelphia Medical Malpractice Lawyer

Another of the most common questions we get in our Philadelphia office is how much a claim is worth. Unfortunately, this question is also difficult to answer online because every claim is different. Speaking privately with an attorney can give you a better estimate of the damages you will seek compensation for in your claim.

What do we mean by damages? In the legal world, the term means the harm or losses you suffered.

Physical Injuries

Physical injuries are what most people think of when they think of medical malpractice damages. Maybe your child developed cerebral palsy because of a doctor’s mistake during delivery. Perhaps your cancer progressed to an advanced stage due to misdiagnosis. The doctor or other medical professional’s negligence had a real, physical impact on your life.

Financial Costs

Your physical injuries also have financial costs. Some of these costs might seem obvious, such as your medical bills and prescription costs, but malpractice often has other costs as well.

While you recover from your injuries, you’re not able to work, at least not full time, and that can reduce your income. A serious case of negligence, such as a mistake that results in amputation, could keep you from going back to work entirely.

At Console and Associates, we look at the total financial cost of your injury when filing for damages on your behalf.

Pain And Suffering

Then there’s what we call non-economic damages, more commonly known as pain and suffering. These damages cover the less visible costs of your injury. When you file a medical malpractice claim in Philly, you’re seeking compensation for things that are priceless.

Your quality of life. Your future health. The doctor’s mistake had an emotional toll that can’t be summed up just by looking at medical bills and paystubs.

Money alone can’t make up for what you’ve been through. Compensation can’t take away your pain or restore your health once it has been permanently damaged.

But a successful claim can help you afford cutting-edge and expensive treatments that give you the best chance for rehabilitation. It can prevent your family from suffering financial hardship while you’re out of work. And when you’re going through a serious medical ordeal, those things are pretty important.

Speaking with a lawyer at Console and Associates is always free. Call today to learn more about your rights under Pennsylvania law.

Common Questions About Philadelphia Medical Malpractice Claims

Can Medical Malpractice Only Occur in Hospitals?

No, you can file a claim against any medical professional that adheres to the standard of care.

Not every act of medical malpractice takes place in a hospital. Doctors of all specialties can make errors that deviate from the standard of care. Home health aides and healthcare staff at nursing homes and inpatient rehab centers also put patients, lives at risk if they disregard safety protocols.

What you need to know is that even a doctor at a solo practice, one you have seen and trusted for years, can make deadly mistakes. When that happens, pursuing a medical malpractice lawsuit is the only way you will have a chance at recovery.

Our Philadelphia medical malpractice lawyers have seen just how devastating mistakes at Philly hospitals and doctors, offices can be. Innocent patients suffer life-changing injuries, or even lose their lives, because of a doctor’s negligence.

I Signed a Consent Form, Does This Prevent Me from Filing a Claim?

All patients sign consent forms before treatment, and many patients believe these forms limit your right to litigation. However, these forms only allow your doctor to perform the services you agree to. You never consent to allow a doctor to be negligent, and you never agree to the doctor choosing the wrong form of treatment. Even if you signed legal agreements consenting to the care and treatment, you could still file a medical malpractice case against your healthcare provider if he or she deviated from the standard of care.

How Long Do I Have to File a Claim?

The sooner you file your claim, the better. Legally, you typically have two years to file your medical malpractice claim in the state of Pennsylvania before the statute of limitations runs out. This two year period usually starts the day the malpractice occurs, though this can vary depending on what happened to you. In some cases, the statute of limitations can be much longer, or shorter, than the usual two-year window.

This is why it’s important to contact Console and Associates now, even if you’re not sure if you want to file a claim. We’ll review your case for free and let you know what your options are and how much time you have to file a claim. If you let the statute of limitations expire, you lose your right to seek compensation.

How Much Will a Medical Malpractice Claim Cost Me?

Many people don’t think they can afford the cost of a lawyer because they’re used to paying hourly fees for legal counsel. When we handle a medical malpractice matter for you, though, you don’t pay a dime unless you win your case. We cover the court costs, filing fees, and other expenses related to your case, and we only take a fee if you win. That’s our No Fee Promise.

We base our business model this way to put the focus on our clients. You can talk to us as much as you need, ask questions, and give us information about your case without having to worry about hefty hourly rates and expenses.

Call the legal team at Console and Associates with any other questions you may have. The call is free, and you will have our undivided attention.

Why You Should Put Your Med Mal Case in Our Hands

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There’s no shortage of medical malpractice law firms in Philadelphia, PA. So why is it so important that you choose our firm?

Philadelphia Medical Malpractice Lawyer

Having the right medical malpractice attorneys in Philly can make the difference between success and failure for your claim.

And we make a commitment to handling all of our client’s medical malpractice claims on a no-win, no-fee basis.

When you can have medical malpractice lawyers with two decades of experience fighting for you at no upfront cost, why wouldn’t you?

Getting Help for Your Philadelphia Medical Malpractice Case

You don’t have to go far to get experienced help on your side. You’ll find our Philadelphia office on Broad Street, within walking distance of public transportation stops and landmarks like LOVE Park and the Philadelphia Convention & Visitors Bureau.

You can also reach us anytime by phone or email. We’ll never charge you for calls, messages, or face-to-face meetings.

Warning: The deadline to pursue a medical malpractice claim in Pennsylvania is just two years, and every day you wait to get help puts your legal rights at risk. Don’t wait to make the right choice!

What Qualifies As Medical Malpractice?

Delayed Diagnoses and Misdiagnoses

When there’s something wrong with your health, you go to a doctor to find out what it is. In fact, you probably get some preventive screening done even when you’re not aware of any problems. But what if something was wrong, and your doctor missed it?

That’s what occurs in a misdiagnosis or delayed diagnosis claim. A doctor fails to correctly and promptly diagnose a medical condition, and that condition gets worse as a result.

Medication Mistakes

All medications carry some risk. After all, the whole reason medication works are that it has the ability to alter how you feel substantially. Sometimes the side effect is nothing more than an upset stomach or feeling tired. But some medications have side effects that are far more serious than temporary discomfort.

Because of this, medical professionals have the responsibility to diagnose and monitor patients carefully; they prescribe medication too. Failing to do so is considered negligence under Pennslyvania medical malpractice law. This includes overprescriptions as well as instances when pharmacies give you the wrong medication.

Surgical Mistakes

Some operations are certainly riskier than others, but all have the potential to cause harm, especially if things go wrong. When a surgical mistake results in an amputation, infection, or another serious injury, you could have a medical malpractice claim.

Birth Injuries

A high-risk pregnancy can put both the mother and baby in danger. Doctors are supposed to be on the lookout for warning signs of conditions that could result in harm. When they fail to diagnose or treat pre-natal conditions or delay an emergency C-section during childbirth, the consequences can be serious.

If you think a doctor’s actions caused harm to the mother or a birth injury such as cerebral palsy to the child; a Philly medical malpractice attorney can investigate.

Go Back To Philly Malpractice Damages

Medical Errors in Philly Hospitals

There’s no doubt that Philadelphia is a hub for top-notch medical care. Many graduates of of the city’s world-class universities choose to stay in the city, and the region attracts top talent from across the country.

Children's Hospital Of Philadelphia

Children’s Hospital of Philadelphia, otherwise known as CHOP, emphasizes the value of pediatric medicine and care. It is on the U.S. News & World Report’s Honor Roll for best pediatric hospitals and works with kids all around Philadelphia.

Hospital of University Of Pennsylvania

Penn Medicine is one of the premier hospitals in the area. It is one of the top 10 hospitals in the nation and the top hospital in the Philadelphia region. Almost 200 surgeons at this hospital are in Philadelphia Magazine’s Top Docs, 2017.

Jefferson University Hospital Network

Jefferson University Hospitals and Thomas Jefferson University has more than 30,000 people on staff. It ranks 16th on the list of Best Hospitals on U.S. News & World Report’s Honor Roll list, making it third in the state and second in Philadelphia. Its specialties include orthopedics, cancer, ophthalmology, geriatrics, cardiology, and diabetes & endocrinology.

Thomas Jefferson University Hospital is another large care facility in the area. It has more than 900 patient beds, with thousands of patients coming and going daily.

Einstein Medical Center

Einstein Medical Center started as a Jewish hospital with just 22 beds in 1866. Today it is the largest independent academic medical center in the Philadelphia region, has multiple locations around the city, and offers outpatient and primary care resources.

Of course, these are just a few of the hospitals that call Philly home. Other’s include:

Belmont Center for Comprehensive Treatment Chestnut Hill Hospital Fairmount Behavioral Health System Fox Chase Cancer Center
Friends Hospital Girard Medical Center Good Shepherd Penn Partners Specialty Hospital at Rittenhouse Hahnemann University Hospital
Jeanes Hospital Kensington Hospital Kindred Hospital-Philadelphia Magee Rehabilitation Hospital
Nazareth Hospital Penn Presbyterian Medical Center Pennsylvania Hospital Roxborough Memorial Hospital
Joseph’s Hospital Temple University Hospital Veterans Affairs Medical Center Wills Eye Hospital

At any one of these facilities, the doctors, nurses, and other healthcare staff who work there must always adhere to the standard of care. Otherwise, errors happen, and patients get hurt, no matter how good the hospital’s reputation is.

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