Medical Malpractice

Every bad result is not malpractice. However, doctors—like the rest of us—are required to follow certain safety rules. These safety rules are called the “standard of care” established by other physicians in the same specialty. There are many variables that may have an impact on a patient’s condition and outcome. Unfortunately, when a safety violation occurs, the medical community isn’t always forthcoming with information. Patients’ families are often times given superficial explanations or no explanation at all when there is a bad outcome. That is why you need a law firm that has the expertise, reputation and the resources to represent your interests and one that will get you the answers and compensation you deserve when you are the victim of malpractice. Medical malpractice could include:

  • Diagnosis Delay
  • Diagnosis Failure
  • Emergency Room Negligence
  • Doctor/Hospital Error
  • Surgical Malpractice
  • Anesthesia Malpractice
  • Orthopedic Malpractice
  • Plastic Surgery Errors
  • Failure to timely treat cancer
  • Injuries caused by foreign bodies left behind following surgery
  • Failure to timely treat stroke
  • Failure to timely treat deep vein thrombosis
  • Abdominal surgery failures

As a person harmed by medical negligence, you may be entitled to damages for loss of wages, lost earning capacity, scarring and disfigurement, loss of the pleasures and enjoyment of life, past and future medical costs, and past and future pain and suffering.

In order to recover these damages, you must prove three things:

  1. That the medical provider violated an applicable standard of care;
  2. That the violation of the standard of care caused damage; and,
  3. That you have suffered substantial, and not minor, damages.

When you contact us to evaluate your potential medical negligence claim, we will evaluate whether we will be able to prove these three elements. We will take the following steps in doing so:

  • We will meet with you to evaluate the significance of your damages, the effect the alleged error has had on your life and to understand the entire history of the medical care you received.
  • We will, with your permission, obtain your medical records.
  • We will review these medical records with an appropriate expert to determine whether or not we will be able to meet the three important criteria.

After this initial review, if we determine that your claim has merit and a lawsuit should be filed, we will meet personally again to flush out all significant facts regarding the matter. Please see the attached link to understand what happens to your case once the legal proceedings are started.

At Baratta Russell and Baratta, we have been successful in obtaining substantial rewards for our clients in medical negligence claims. For example, a verdict was obtained against Northeastern Hospital in Philadelphia for injury caused to a 42-year-old woman who wanted to have her gall bladder removed, a very common surgery. As a result of this surgery, a small leak of bile developed that went undiagnosed. As a result, the patient suffered a severe abdominal infection that ultimately infected her pelvic reproductive organs and required their removal. The jury awarded $4,000,000. View Article. Because many of our settlements are confidential, they cannot be revealed on this website.