Gross Negligence Attorney in Philadelphia, Pennsylvania
Gross negligence refers to careless or intentional behavior that results in physical harm. Carelessness can become too excessive, to the point where it’s no different than the harm done on purpose. If a person without medical knowledge can clearly point out something went wrong, then an act becomes gross negligence
If you, your child, or a family member experienced gross negligence in Pennsylvania, you should reach out to one of our attorneys from The Villari Firm to get fair compensation for the injuries you sustained.
We’ve worked with clients who, just like you, have gone through a lot of pain and suffering, have missed their wages due to injury, and became burdened with medical costs. Our Philadelphia attorneys successfully mediated and litigated these medical malpractice matters.
For more information about what constitutes gross negligence and what you can do about it, you will find below answers to the following questions:
- What is Gross Negligence?
- What are some examples of medical negligence?
- Why do I need a gross negligence attorney in Philadelphia?
- How can I prove my gross negligence claim?
- What Is the difference between medical accidents and gross negligence?
- How do I get in touch with a medical negligence attorney in Philadelphia?
If you believe your loved one was not provided with the best medical care, contact The Villari Firm, PLLC for a free consultation. Call 267-388-9429.
What is Gross Negligence?
Gross negligence is a reckless, careless, or intentional act that leads to harming another person. A case of gross negligence differs from traditional or regular negligence when it comes to the intentions and behaviors of the party who hurt the victim. When a doctor, nurse, medical provider, the hospital, or healthcare provider has been grossly negligent, it has chosen to ignore normal standards of behavior which are known to cause an injury.
This reckless behavior leaves the victim severely injured. Some examples include amputating the wrong limb or leaving a surgical instrument inside the patient’s body cavity which led to life-threatening complications.
Call 267-388-9429 to speak to our experienced trial lawyer to find out if your gross negligence case qualify for compensation!
What Are Some Examples of Medical Negligence?
Our doctors and healthcare providers receive extensive training to earn the privilege of providing medical treatment to their injured patients.
Sadly, instances of medical negligence and medical malpractice occur with alarming frequency. Victims end up having their lives permanently altered due to the severity of their injuries.
Here are a few examples of gross negligence:
Improper Handling of Medication Prescriptions
According to the National Center for Biotechnology Information, 7,000 to 9,000 people die yearly due to medication errors. Prescription errors occur when doctors prescribe the wrong dosage or type of drugs which led to their patients suffering grave or permanent injuries from an overdose or an adverse drug interaction.
Failing to Thoroughly Read Medical History
Correctly reading a patient’s medical history is crucial when practicing medicine. A patient’s medical history contains all the information needed to make a well-thought decision on a proper diagnosis. When a doctor skips reading your medical history, he can give you an incorrect diagnosis that could cause you to suffer from a new injury, or exacerbate your condition.
Administering the Incorrect Type or Amount of Anesthesia
Just like prescription errors, anesthesia errors occur when a healthcare provider fails to prescribe the correct type or amount of anesthesia. The anesthesia can adversely react with other drugs in your system or cause an allergic reaction. An excessive dose of anesthesia may also lead to death due to overdose.
Performing Incorrect Surgery
A big proportion of medical malpractice cases arise from surgical errors. This occurs when the wrong procedure was done on you, or you were operated on in the wrong area of the body. Another common surgical error is when a medical professional negligently leave a medical tool or gauze inside a patient’s body, which then causes infections.
Not Performing Proper Follow-Ups
A medical professional’s responsibility does not end after a patient leaves their office or a hospital. For example, a surgeon must provide follow-up care to their patient to ensure the surgical procedure was successful and the patient is recovering from the operation. Improper follow-up care can cause patients to suffer injuries or death due to preventable complications or infections and may qualify as medical negligence.
Aside from providing medical care, a doctor’s primary goal is to provide a correct diagnosis. A misdiagnosis can allow disease or medical conditions to persist or worsen. Sick patients suffer further injuries when a doctor renders an incorrect diagnosis.
Improper Prenatal Care
Prenatal care refers to the medical care a mother receives during her pregnancy. Medical professionals provide improper prenatal care when they fail to recognize potential birth complications, perform inadequate testing, or fail to perform proper birth procedures. Improper prenatal care can cause a mother and child to suffer serious injuries.
Why Do I Need a Gross Negligence Attorney in Philadelphia?
The outcomes of medical procedures or treatments do not always go as you’ve anticipated. Your condition may recur or worsen after treatment. Issues like these might or might not have resulted from medical staff errors. But since you depend on them to look out for your health, it can be challenging to determine when and if they are at fault.
If you believe that you or a family member received unnecessary medical care or subpar medical attention that resulted in your grave injuries, call our law firm immediately! Our Philadelphia attorneys have extensive expertise in assisting individuals who suffered from medical harm.
There are far too many potential failure points if you attempt to file a personal injury claim or medical malpractice case on your own. Working with a gross negligence lawyer allows you to focus more on your personal recovery.
How Can I Prove My Gross Negligence Claim?
Proving gross negligence is similar to any negligence claim. You must show that the medical professional had a duty to you, did not adhere to the standard of care, and caused you harm.
In cases of gross negligence, you may employ the theory of res ipsa loquitur and present your case without expert testimony if the act or omission of the medical professional was so wrong as to be obvious to a layperson, such as those on the jury.
Res Ipsa Loquitur – The Thing Speaks for Itself
Res Ipsa Loquitur simply means that the “thing speaks for itself”. In some states, including Pennsylvania, a plaintiff alleging gross negligence in a medical malpractice case may not have to use a medical expert to prove their case if it is obvious to a layperson that the medical professional committed malpractice, such as in the case of amputating the wrong limb.
Medical professionals may make errors in judgment, such as making the wrong diagnosis, or operational errors, such as severing a blood vessel during surgery. Neither of these necessarily rises to negligence or gross negligence. Determining whether a medical professional has breached the standard of care depends on several factors, such as how complicated or rare the condition or surgery is and what action or inaction caused the patient harm.
In almost every medical malpractice case, you need an experienced medical malpractice attorney and a team of experts to determine whether a medical professional was negligent. This is where our attorneys from The Villari Firm can step in to offer you help.
In gross negligence cases, it should be obvious that medical malpractice occurred. For example, if a surgeon mistakenly leaves a surgical instrument in a body cavity,
What Is the Difference Between Medical Accidents and Gross Negligences?
Accidents occur and are not necessarily the result of negligence or gross negligence. Whether an accident rises to the level of medical malpractice depends on the applicable standard of care and whether the medical professional breached that standard of care.
Here are some concepts you need to understand if you’re unsure about the difference between the two:
Explanation of Medical Procedure Risk
For any medical procedure or operation, the surgeon should have explained the risk to the patient beforehand, and the patient should have given informed consent, knowing that this complication might arise during surgery.
Informed consent is a principle in medical ethics which means a doctor must give a patient sufficient information to allow them to make a voluntary choice regarding their healthcare.
Pennsylvania State Law requires a doctor to explain the benefits and dangers associated with medical procedures to their patient. Additionally, a doctor must provide information regarding potential alternative forms of treatment. Absent certain exceptions, a doctor is not permitted to treat a patient until they affirmatively consent.
Informed consent means the patient:
- affirmatively consented to receive medical treatment
- affirmatively consents by giving a doctor verbal or written permission
On the other hand, implied consent means a patient performs an action indicating they agree to receive treatment, e.g., undressing for a physical examination, which the doctors interpreted as consent.
Any treatment or procedure outside the scope of that consent is gross negligence constituting medical malpractice.
When Informed Consent Is Required
Under Pennsylvania Law, a medical professional must obtain informed consent before performing certain procedures. Specifically, informed consent is required before:
- Administering anesthesia for surgery
- Cancer treatment, including chemotherapy and radiation therapy
- Implanting a surgical device
- A blood transfusion
- Prescribing an experimental drug or prescribing an approved drug for an experimental purpose
When Informed Consent Isn’t Required
A doctor does not need informed consent:
- In an emergency where a patient cannot consent, i.e., unconscious
- if the patient is developmentally disabled
- if the patient is a minor.
Authorities could charge a medical professional who fails to get a patient’s informed consent for non-emergency treatment with a civil or criminal offense such as a battery.
If you file a medical malpractice lawsuit and allege that you suffered a treatment or procedure without giving informed consent, you must prove that:
- The medical professional failed to disclose the risk or outcome of the treatment or procedure.
- If you had known, you would not have agreed to the treatment or procedure.
- You were harmed due to the unauthorized treatment or procedure.
How do I get in touch with a Medical Negligence Attorney in Philadelphia?
Our Philadelphia medical malpractice and gross negligence attorneys are just a phone call away! You can click the button at the top of the page to dial our number, or schedule your consultation today by submitting a form.
We put our life in the hands of our physicians, surgeons, and caregivers. Negligent behavior by a healthcare provider or facility can cause severe patient injuries or even death. Don’t be silent. We are here to make sure YOUR voice is heard. Our gross negligence attorneys The Villari Firm put our clients as their first priority.
If you suffered harm from medical treatment or a medical procedure, call the medical malpractice lawyer at The Villari Firm, PLLC, today to discuss your case, free of charge.
Why Do I Need an Emergency Room Medical Malpractice Attorney in Philadelphia?
At The Villari Firm, our ER medical malpractice attorneys look into misdiagnoses, emergency department errors, and general negligence that cause injuries and fatalities. They are dedicated to determining who or what is at fault so that we may fully compensate our clients for their suffering.
Our Philadelphia lawyers have a wealth of expertise in defending patients against negligent emergency departments and medical care.
We know how to examine medical malpractice, how doctors try to deflect responsibility, and what records to request and examine. We can support your efforts to seek justice and recover unpaid damages.
Call our Experienced Philadelphia Emergency Room Medical Malpractice Lawyer Now!
Emergency rooms are often chaotic, which can result in many mistakes being made there. Emergency room medical malpractice claims may be brought when doctors, nurses, surgeons, general hospital personnel, and/or paramedics fail their duty to patients and cause injury.
It is not surprising that 30% of emergency room medical malpractice cases are filed due to misdiagnosis, as staff members treat patients like statistics to get them in and out as soon as possible. This is owing to overworked staff members and understaffed facilities.
Even yet, emergency room mistakes are never acceptable, and you may be entitled to financial compensation if you or a loved one were hurt. Get in touch with The Villari Firm today. It’s time to speak up regarding your injuries and talk to a reliable Philadelphia emergency room medical malpractice lawyer to receive legal advice.
There are no fees unless/until we recover compensation for you. Call 267-388-9429 or contact us online to get started with a free case review today.