Medical Malpractice

Your Medical Malpractice Attorney
Your Medical Malpractice Attorney
I love my doctor and I bet you do too. Medical mistakes that lead to death or serious injury however, is a national problem. Recent studies show that medical errors may account for 250,000 deaths annually, making medical error the third leading cause of death in the U.S.
Anthony J. Baratta

What accounts for this? Often, it’s a system error. Our doctors and nurses must work within a medical system that puts profits over safety. Patient records are now kept digitally in a manner designed by software companies to maximize billing efficiency over patient care. Because records are now electronic, any error made continues throughout the chart for every subsequent provider note. Hospitals and medical practices are more and more owned by corporations whose leaders are motivated to maximize profit over patient safety.

At BRB we believe that every patient is entitled to safe medical care that fully takes into consideration each and every of their unique needs. The only way to hold the medical community accountable for its safety violations that cause human suffering is a civil lawsuit that results in payment of money damages.

This is the only way to send a message. This is the only way to say this mistake will not be tolerated. This is the only way to prevent it from happening again.

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Frequently Asked Questions?
It’s a failure to follow safety rules which results in serious injury or death. Not all bad results from medical care are malpractice. Hospitals, doctors and nurses are required to follow safety rules. Since each patient is different the safety rule that applies is different for each patient. The safety rule is called “the standard of care”.
It takes great skill to determine the safety rules that apply to each case. We have to fully understand our client’s medical history because each patient is different and each deserves safe treatment according to their own unique history and condition. We gather all relevant medical records, research the medical literature, and consult with experts relative to the field of medicine at issue. We do all of this before we make the decision to pursue a case.

Once we decide the violation of the safety rules caused our client serious injury or death, we prosecute the case by filing a lawsuit which allows us to subpoena records and depose the medical personnel involved under oath. We engage experts to guide our investigation and to provide testimony at trial. The defense to every medical malpractice case is that the outcome was unavoidable. Our goal is to prove that the injury was preventable. And the standard of care, therefore, is what would have prevented the damages.
Everyone knows the rules when it comes to things like driving a car or truck (don’t speed, don’t go through the red light, don’t drive distracted, etc), or maintaining a safe premises (you must remove potentially dangerous conditions like snow, broken concrete, etc), but the safety rules regarding medicine are murky, not written down, and are literally different for each and every situation since no one patient’s situation is the same.

There is also often great disagreement amongst doctors themselves as to what the rules should be. The defense to every medical malpractice case is that the outcome was unavoidable. Our goal is to prove that the injury was preventable. And the standard of care, therefore, is what would have prevented the damages.
We handle all medical malpractice cases on a contingency fee basis. This means that if we don’t obtain compensation for you, we don’t get paid. These cases can be very expensive for the lawyer and almost all of these cases go to trial. If they do settle, it is not until the eve of the trial or during trial. At BRB, we pay all litigation costs including expert fees which, in some cases, exceed hundreds of thousands of dollars. We get reimbursed those costs only if we win for you.
You must file a lawsuit within two years from the date of the safety rule violations that caused your injury. This is called the statute of limitations. In some instances, the statute of can be extended to two years from the date you first realized you suffered injury due to a violation of the medical safety rules. A minor injured by medical malpractice must file a lawsuit no later than 2 years after turning age 18.
You may be able to recover damages for past and future lost wages or loss of earnings capacity, past and future medical costs, disfigurement or scarring, pain, lost enjoyment of life, lost relationships with loved ones, and mental anguish.
An insidious consequence of tort reform efforts has been to make victims feel guilty about pursuing justice.  Many of our clients tell us that they are not the kind of people who pursue lawsuits, as if seeking justice for the damages someone carelessly caused you is wrong.

You have every right to seek money damages for personal injuries caused you by another’s negligent conduct.  We only take cases in which our investigation shows the defendant acted negligently or to cause your harm. Your decision to seek justice, to hold the careless person accountable, makes the world safer for everyone else. It also places the responsibility for payment of damages on the bad actor, not society, not other people and not your family.
List of Verdicts/Settlements:
Baratta, Russell & Baratta Testimonial:
Anthony J. Baratta, Esq.
Andy Dipiero
Andrew E. DiPiero Jr, Esq.
kim Kutler
Kim Palavoy Kutler, Esq.
heather feenan
Heather Feenan
diana wojtylak
Diana Wojtylak
gabrielle sobel
Gabrielle Sobel
victoria
Victoria Freedman-Holland
Recognized as Top Lawyers in their field:

Anthony J. Baratta (“Tony”) has been recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer for 15 years since 2006. He has received the highest possible rating amongst his peers by Martindale-Hubbel (AV Preeminate), is Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy, is a Member of the Million Dollar Advocate Forum, and a winner of the AVVO Choice Award for client recognition.

Andrew E. DiPiero Jr. has been recognized by Philadelphia Magazine as a Pennsylvania Super Lawyer for 16 years since 2005. He has received the highest possible rating amongst his peers by Martindale-Hubbel (AV Preeminate), and he is Board Certified as a Civil Trial Advocate by the National Board of Trial Advocacy.

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