When you seek medical care, you trust doctors, nurses, and hospitals to provide safe, effective treatment. Unfortunately, medical mistakes happen—sometimes with devastating consequences. A misdiagnosis, surgical error, medication mistake, or failure to treat a serious condition can leave victims with life-altering injuries, permanent disabilities, or even lead to wrongful death.
If you or a loved one suffered harm due to medical negligence, you may have the right to seek compensation for medical bills, lost wages, pain and suffering, and more. At Oakes Firm, we fight for victims of medical malpractice in Philadelphia, holding negligent healthcare providers accountable and helping families recover the financial support they need.
Call (267) 310-0656 today for a free consultation with an experienced Philadelphia medical malpractice lawyer.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care, causing harm to a patient.
For a case to be considered medical malpractice, the following must be proven:
- A Doctor-Patient Relationship Existed – The healthcare provider had a legal duty to provide treatment.
- Negligence Occurred – The medical professional failed to meet the accepted standard of care.
- The Negligence Directly Caused Harm – The patient suffered an injury or worsened condition due to medical mistakes.
- The Patient Suffered Damages – This includes medical expenses, lost income, pain and suffering, or long-term disability.
Not all negative medical outcomes are malpractice. An attorney can review your case and determine if you have grounds for legal action.
Common Types of Medical Malpractice
Medical errors happen in hospitals, clinics, and doctors' offices, often due to carelessness, miscommunication, or system failures. Some of the most common medical malpractice cases involve:
1. Misdiagnosis and Delayed Diagnosis
A misdiagnosis or failure to diagnose a serious condition can delay life-saving treatment. Common examples include:
- Cancer misdiagnosis – Failure to detect early signs of cancer.
- Heart attack misdiagnosis – Symptoms mistaken for indigestion or anxiety.
- Stroke misdiagnosis – Delayed recognition leads to permanent brain damage.
2. Surgical Errors
Surgery is a high-risk procedure, and even small mistakes can lead to catastrophic consequences. Common errors include:
- Operating on the wrong body part.
- Leaving surgical instruments inside a patient.
- Performing unnecessary surgery.
3. Birth Injuries
Medical mistakes during childbirth can cause permanent injuries to the baby or mother. Examples include:
- Cerebral palsy due to oxygen deprivation.
- Failure to perform a necessary C-section.
- Improper use of forceps or vacuum extractors.
4. Medication Errors
A prescription or dosage mistake can result in serious health complications, including:
- Administering the wrong medication to a patient.
- Giving an incorrect dosage, leading to overdose or lack of effectiveness.
- Dangerous drug interactions due to failure to check medical history.
5. Anesthesia Errors
Anesthesiologists play a critical role in monitoring patients during surgery. Errors include:
- Administering too much or too little anesthesia.
- Failure to check for drug allergies.
- Not properly monitoring vital signs, leading to brain damage or death.
6. Emergency Room Negligence
ER doctors and nurses must make fast, accurate decisions. Mistakes in high-pressure environments can result in:
- Failure to recognize life-threatening conditions.
- Improper patient discharge, leading to worsening conditions.
- Delays in treatment, causing preventable deaths.
If you or a loved one suffered harm due to medical negligence, an attorney can help you seek justice and financial recovery.
What Compensation Is Available in a Medical Malpractice Claim?
Victims of medical malpractice may be entitled to compensation for:
- Medical Expenses – Hospital bills, surgery, rehabilitation, and future medical care.
- Lost Wages – Compensation for time missed from work and reduced earning capacity.
- Pain and Suffering – Physical pain, emotional distress, and diminished quality of life.
- Disability and Long-Term Care – If malpractice leads to permanent disabilities.
- Wrongful Death Damages – If malpractice leads to the loss of a loved one, families may pursue compensation for funeral costs and loss of financial support.
Every case is different, and an attorney can evaluate the full extent of damages you may be entitled to.
How Do You Prove Medical Malpractice?
Medical malpractice cases require strong evidence, including:
- Medical records showing mistakes in treatment.
- Expert testimony from medical professionals.
- Hospital policies and procedures proving negligence.
- Witness statements from nurses or staff members.
- Diagnostic test results demonstrating a misdiagnosis or failure to treat.
Because medical malpractice cases are complex and highly technical, expert witnesses are often required to prove negligence.
How Long Do You Have to File a Medical Malpractice Lawsuit in Pennsylvania?
Under Pennsylvania law, medical malpractice victims generally have two years from the date of injury to file a lawsuit. However, exceptions exist:
- Discovery Rule – If an injury is not immediately known, the two-year clock starts when it is discovered.
- Minors – If the victim is a child, the deadline may be extended until their 18th birthday.
Failing to file within the statute of limitations could prevent you from recovering compensation, so it's crucial to act quickly.
Challenges in Medical Malpractice Cases
Medical malpractice lawsuits are difficult to win, primarily because:
- Hospitals and doctors have aggressive legal teams fighting claims.
- Proving negligence requires extensive medical evidence.
- Insurance companies try to deny responsibility or downplay injuries.
This is why working with a skilled medical malpractice attorney is essential.
How Do I Know If I Have a Medical Malpractice Case?
Many people suspect they were harmed by a medical mistake but aren’t sure if they have a legal case. Not every bad medical outcome is malpractice.
Signs That You May Have a Medical Malpractice Case
- Your condition worsened after treatment instead of improving.
- You received a different diagnosis from another doctor after being misdiagnosed.
- A doctor or nurse admitted to making a mistake.
- You developed serious complications after a routine procedure.
- Your loved one died unexpectedly in the hospital without a clear explanation.
If you suspect something went wrong, it’s important to speak with an attorney who can review your medical records and determine if malpractice occurred.
What If My Doctor Won’t Admit They Made a Mistake?
Doctors and hospitals rarely admit fault, even when they know a mistake happened. In fact, many medical professionals cover up errors to avoid lawsuits.
Why Doctors and Hospitals Deny Responsibility
- They fear losing their medical license or facing disciplinary action.
- They worry about increased insurance premiums.
- Hospitals want to protect their reputation and profits.
- They assume patients won’t take legal action.
Even if your doctor denies wrongdoing, a medical malpractice attorney can investigate your case, obtain medical records, and consult experts to uncover the truth.
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Can I Sue a Hospital for Medical Malpractice?
In some cases, hospitals, urgent care centers, and clinics can be held responsible for medical negligence.
When Is a Hospital Liable for Malpractice?
- Negligent Hiring – The hospital hired unqualified or incompetent doctors.
- Understaffing – Nurses and doctors were overworked, leading to errors.
- Lack of Proper Training – Staff were not properly trained to handle medical emergencies.
- Equipment Failures – The hospital failed to maintain or update medical equipment.
If a hospital’s negligence contributed to your injury, you may be able to sue both the hospital and the individual healthcare providers involved.
What If a Loved One Died Due to Medical Malpractice?
Losing a loved one due to medical negligence is devastating. In Pennsylvania, families may file a wrongful death lawsuit to seek justice for their loss.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
- Spouses of the deceased.
- Children of the deceased.
- Parents of the deceased.
A wrongful death lawsuit can help recover compensation for:
- Funeral and burial expenses.
- Lost income the deceased would have provided.
- Emotional pain and suffering.
While no amount of money can bring back a loved one, a lawsuit can help provide financial security for grieving families.
What If My Child Was Injured Due to Medical Malpractice?
Medical malpractice can have lifelong consequences for infants and children, especially when it happens during childbirth or pediatric care.
Common Types of Pediatric Malpractice
- Birth Injuries – Oxygen deprivation leading to cerebral palsy or brain damage.
- Failure to Diagnose – Doctors missing serious childhood illnesses like meningitis or leukemia.
- Medication Errors – Giving children the wrong drug or incorrect dosage.
If your child suffered long-term disabilities due to a doctor’s mistake, you may be entitled to compensation for future medical care, therapy, and educational needs.
What If I Signed a Consent Form? Can I Still Sue?
Many patients believe that signing a consent form means they cannot sue if something goes wrong. This is not true.
When a Consent Form Does NOT Protect a Doctor from Malpractice
- You were not properly informed of the risks of a procedure.
- The doctor made an error beyond the expected risks, such as operating on the wrong body part.
- A mistake occurred that had nothing to do with the procedure, like a medication overdose.
Signing a consent form does not give doctors permission to be careless or reckless. You can still sue if medical negligence caused your injuries.
Can I Sue for Emotional Distress Caused by Medical Malpractice?
Medical malpractice doesn’t just cause physical harm—it can lead to severe emotional trauma.
Examples of Emotional Distress from Malpractice
- A mother who lost her baby due to a doctor’s mistake.
- A patient who developed PTSD after waking up during surgery.
- A person suffering from anxiety after a cancer misdiagnosis.
Victims of medical malpractice can seek compensation for emotional and psychological suffering, including therapy and mental health treatment.
How Long Do Medical Malpractice Lawsuits Take?
Medical malpractice cases take time due to their complexity and the involvement of expert witnesses.
Factors That Affect Case Length
- Severity of the injuries – Cases involving permanent disabilities take longer.
- Willingness to settle – If a hospital fights the claim, it may take years.
- Availability of evidence – If records are missing or altered, investigations take longer.
Most medical malpractice cases take 1-3 years to resolve, but an experienced attorney can help speed up the process while ensuring maximum compensation.
Common Arguments Hospitals and Doctors Use to Avoid Liability
Hospitals, doctors, and their insurance companies aggressively defend themselves in medical malpractice cases. They will do everything possible to deny responsibility and avoid paying compensation. If you’re pursuing a claim, it’s important to understand the tactics they use so you can be prepared.
1. "The Patient Was Already Sick or Injured"
One of the most common defenses is claiming that the patient’s underlying condition—not medical negligence—caused their harm. For example:
- A doctor might argue that a cancer misdiagnosis didn’t change the outcome because the cancer was already advanced.
- A surgeon might claim that a patient’s complications were inevitable due to pre-existing conditions.
How to Fight Back:
A medical malpractice attorney can use expert testimony and medical records to show that delayed treatment, incorrect procedures, or improper care worsened the patient’s condition.
2. "The Doctor Followed Standard Procedures"
Hospitals and doctors often argue that no medical mistake occurred and that they followed accepted medical standards. Even if a patient suffered serious harm, they may claim:
- The treatment provided was reasonable based on the patient’s condition.
- Complications were a known risk of the procedure.
- The doctor had to make a judgment call under difficult circumstances.
How to Fight Back:
Your attorney can compare your treatment to the standard practices of other medical professionals in similar cases. If your doctor deviated from what most competent doctors would have done, they can be held liable.
3. "The Patient Waited Too Long to Sue"
Hospitals and insurance companies frequently claim that the statute of limitations has expired, meaning the patient filed their claim too late. In Pennsylvania, you generally have two years from the date of injury to file a malpractice lawsuit.
How to Fight Back:
- If you didn’t immediately know malpractice occurred, Pennsylvania’s discovery rule may allow you to file after the two-year deadline.
- If the victim was a minor, the statute of limitations may be extended until they turn 18.
A lawyer can review your case and determine if an exception applies.
4. "The Patient Signed a Consent Form"
Hospitals often argue that a patient knew the risks of a procedure because they signed a consent form before treatment. They use this to claim the patient cannot sue for complications.
How to Fight Back:
A consent form does not protect a doctor from negligence. You can still sue if:
- The doctor failed to inform you of all risks (informed consent violation).
- A mistake happened that wasn’t part of the expected risks (e.g., operating on the wrong body part).
- A medical error caused preventable harm beyond the normal risks of the procedure.
5. "The Patient Didn’t Follow Medical Advice"
Doctors may claim that the patient’s actions—not their medical care—led to complications. They may argue:
- The patient failed to take prescribed medication.
- The patient ignored post-surgical care instructions.
- The patient missed follow-up appointments that could have caught a problem earlier.
How to Fight Back:
Medical records can prove that the doctor’s error occurred before the patient’s actions became a factor. Even if a patient failed to follow some instructions, it does not excuse a doctor’s negligence.
6. "The Injury Was an Unavoidable Complication"
Some treatments carry known risks, and doctors may argue that the patient simply suffered a rare but unavoidable complication.
For example:
- A hospital may claim that an infection after surgery was an expected risk, even if proper precautions weren’t taken.
- A doctor may say that a baby’s birth injury was unavoidable, even if negligence caused oxygen deprivation.
How to Fight Back:
Medical malpractice is not about bad luck—it’s about avoidable mistakes. If a doctor failed to take the necessary precautions to prevent complications, they can be held responsible.
7. "The Doctor Wasn’t Responsible—Someone Else Was"
Hospitals often try to shift blame by claiming:
- The mistake was caused by another doctor (not an employee of the hospital).
- A nurse or technician was at fault (trying to place liability elsewhere).
- The patient’s injuries were the result of a pre-existing condition, not malpractice.
How to Fight Back:
A medical malpractice lawyer can investigate and determine who was truly responsible. If multiple parties were involved, they can hold all liable parties accountable—whether it’s a doctor, nurse, hospital, or pharmacy.
How Oakes Firm Can Help You
At Oakes Firm, we fight for Philadelphia medical malpractice victims by:
- Conducting a thorough investigation into your case.
- Gathering medical records and expert testimony to prove negligence.
- Negotiating aggressively with insurance companies for maximum compensation.
- Taking your case to trial if a fair settlement is not offered.
We handle medical malpractice cases on a contingency fee basis—meaning you don’t pay unless we win your case.
Contact a Philadelphia Medical Malpractice Lawyer Today
If you or a loved one suffered harm due to medical negligence, don’t wait to seek justice. Let Oakes Firm fight for you.
Call (267) 310-0656 today for a free consultation with a Philadelphia personal injury lawyer.