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Law Offices of Alvin F. de Levie
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(215) 696-3900
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

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LAW BLOG

What You Should and Shouldn’t Do If You Suspect Medical Malpractice

  • By Al de Levie
  • 15 Nov, 2017
medical-malpractice-lawyer

What You Should and Shouldn’t Do If You Suspect Medical Malpractice


It can be a vague and confusing term for most people. If you are not sure about whether or not you or a loved one has been a victim of medical malpractice, here is a breakdown in simple terms. Medical malpractice occurs when a medical service provider makes an error during treatment or diagnosis of a patient, and the error goes on to cause some form of harm to the patient. Also, the error should have veered away from being in accordance with the standard protocol of treatment according to experts in the field, to qualify as a case of medical malpractice.

What is important to know is that to be able to file a compensation claim for medical malpractice, a patient needs to have suffered damage to their health as a result of the medical provider’s negligence or error. If no harm was done, filing a claim is unlikely to get you any monetary compensation.

There are some important things to remember when you suspect medical malpractice. There are some things that you should do right away and other things that you should avoid.

First, you must resist the temptation of communicating directly with your medical provider about your malpractice claim. This is a common mistake that many people make. They get in touch with the hospital, point out how they have been wronged and demand compensation or a solution to fix the problem caused by the hospital staff. This approach is not advisable because if the hospital declines or ignores your claim, you will have lost a lot of time and may not have enough time to discuss your case with a medical malpractice lawyer and start legal action.

Every medical procedure that does not meet the standard of care doesn't necessarily mean that the doctors were at fault and medical malpractice occurred. If you reach out to your medical service provider, they could wash off their hands by pointing fingers at previous diagnoses. They could even apologize and ask you to move on with it.

Medical malpractice claims in Pennsylvania need to be filed within a specific period of time, known as the statute of limitations. Most states have strict deadlines by when medical malpractice claims can be filed. If you bring up your case with the hospital first, the clock has already started ticking as that first communication or acknowledgment of medical malpractice is likely to be considered as the start date of the claim filing period. Any delay from that date could mean that you won’t be able to file a claim anymore.

What you need to remember is that the hospital is going to protect its own interests. They might try to dissuade you from filing a claim; they might brush aside your condition citing risks involved in any treatment. Everything that you say in your communication to the hospital can be used against you later during the trial, if you get to that. Make sure you do not sign any documents without consulting with your attorney.

There are some things you can do to improve your chances of receiving compensation.

Make a habit of keeping all your medical documents like hospital papers, reports, names of all the doctors involved, a copy of all your communication with the medical providers and so on. If and when a situation of medical malpractice arises, you will be prepared with all the information that can help strengthen your case.


So what do you do when you think you may have a medical malpractice case on hand?

The first thing you must do is consult a medical malpractice lawyer and share the full history and all your documents with them. An accomplished attorney can review your case and advise you on the way forward.

We often refuse to believe that medical malpractice has been committed against us except when we see significantly worsened condition after treatment or, even worse, a case of wrongful death. This is why you should consult with a malpractice lawyer or a personal injury attorney whenever there is any doubt. This way you can avoid jeopardizing your case and get the compensation you deserve.

A medical malpractice lawyer will educate you about your rights, gather evidence while you or your loved ones are going through these uneasy times  A board-certified medical malpractice lawyer will be able to answer all your queries and suggest you the next course of action.


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. 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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