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GET THE JUSTICE YOU DESERVE:
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

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Do I Have a Case and Do I Need a Medical Malpractice Lawyer?

  • By Alvin de Levie
  • 01 Nov, 2017

Do I Have a Case and Do I Need a Medical Malpractice Lawyer?


When people visit a medical establishment for treatment, they go with the belief that they will get the best care possible. While medical professionals work with care and attention, lapses can and occasionally do happen. It is these lapses that can form the basis of medical malpractice.

Medical malpractice is a complex term. Most people do not even know what it exactly means. There is also confusion about what type of situation warrants a claim for compensation.


What is medical malpractice?


While treating or diagnosing a patient, if a medical professional exhibits negligence or makes an error in judgment that eventually harms the patient, it might turn out to be medical malpractice. That isn’t enough, however. It is important to note that even if the patient sustains harm, the nature of the error that caused it requires to be investigated. Since medical practice is often subjective, errors have to be reviewed to find out if they were performed outside the scope of “standard clinical practice.”

Errors that are within an established practice usually do not warrant a medical malpractice claim, even if they lead to patient harm. Whether the patient can file a lawsuit and make a claim for negligence depends on the extent of harm or injury to the patient along with an expert’s opinion on the error that the medical professional may have made.


So what exactly qualifies as harm to a patient?

  • If a patient’s health deteriorates as a result of a medical procedure or as a result of a decision to not use a particular treatment or procedure.

  • If a treatment closes doors for other possibly beneficial treatments for the patient.


How do we know that medical malpractice has taken place?

Patients who think they may have a chance for a medical malpractice claim should get their case reviewed by a medical expert.

  • The expert should have a similar level of expertise as the doctor who performed the original procedure.

  • The expert should be practicing in the same geographical area where the treatment was performed, as medical standards vary by location.

  • The expert should be able to ascertain if the treatment and procedures followed are in accordance with standard medical protocol.

  • The expert should be able to establish that there is a connection between the healthcare professional’s negligence and the damage to the patient’s health. In simple terms, it has to be proved that the specific error caused the specific harm to the patient.

The medical expert can go on to testify for the patient if a lawsuit is eventually filed.


How much time do patients have to file a medical malpractice claim?


The time limit for filing claims varies from state to state. According to Pennsylvania state medical malpractice laws, patients can file a claim within two years of the erroneous procedure having taken place. There is also a provision for an exception to this time limit for patients who could not have realized in the stipulated period that they are victims of medical malpractice.

There are many factors to consider in a medical malpractice case. Filing a claim can be an overwhelming task. Since there is a legal process involved, there is no room for mistakes. If you or a loved one has experienced medical malpractice, consult with a lawyer to understand your options. A medical malpractice lawyer can evaluate your case and see if it has merit and whether you should go ahead with the claim, file a lawsuit or try and seek out of court settlement.

If you've been a victim of medical malpractice, Alvin F. de Levie & Associates will have a team of seasoned lawyers by your side to bring the perpetrator to justice. The evidence and the reasoning to back your case should be airtight for you to have a chance to receive the right amount of compensation. Give us a call at (844) 777-2529 to find out how we can help you out during these troubled times.


Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards. 


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