Gavel and red medical malpractice law book

Important Factors That Make a Good Medical Malpractice Case

Medical malpractice cases are among the most complex and challenging types of legal disputes. If you are a victim of medical negligence in the Philadelphia area, you face a daunting task when seeking justice and compensation for your injuries or losses. Whether you have suffered as a result of a misdiagnosis, a surgical or anesthesia error, or some other type of medical malpractice, at Cooper Schall & Levy, our highly competent medical malpractice attorneys are here to help you. 

We understand the intricacies of these cases and have extensive experience fighting for the rights of those harmed by medical professionals’ mistakes. More than that, we are determined to bring you maximum compensation for all you have suffered. We offer a free evaluation of your claim and will charge you no attorneys’ fees until we recover damages.

What Makes Medical Malpractice Cases Particularly Challenging

Medical malpractice cases are uniquely difficult to win because:

  • It is hard to prove that a healthcare provider’s actions deviated from the standard of care.
  • Medical professionals are, on the whole, widely respected.
  • Medical terminology, devices, procedures, and standards are often difficult for laypeople to understand.
  • It is often an uphill battle to confront corporate healthcare providers backed up by powerful insurance companies and high-end attorneys.

For these reasons, it is imperative to have a proficient legal team at your side. With proven legal ability and determination born of compassion for your plight, our lawyers are well-prepared to defend your right to maximum damages. 

How Medical Malpractice Is Legally Proven in Pennsylvania

In Pennsylvania, proving medical malpractice requires demonstrating four essential elements:

Duty of Care

We must establish that the healthcare provider owed you a duty of care as their patient. This is usually straightforward, as it is generally accepted that a doctor-patient relationship establishes this duty.

Breach of Standard of Care

We must also show your healthcare provider failed to adhere to the recognized standard of care for their medical discipline.

Causation

We must demonstrate a direct link between the breach and the injury you suffered. This requires showing that the injury would not have occurred without the provider’s negligence.

Damages

Finally, we must prove that you suffered actual harm physical injuries, financial losses, emotional distress as a result of the malpractice. 

The Importance of Strong Legal Representation

Our legal team is ready to pull out all the stops to win your case and bring you justice, by:

  • Gathering evidence, examining medical records, and interviewing witnesses. 
  • Consulting with medical and other relevant experts who can help explain how the defendant’s actions deviated from the standard of care and led to your injuries.
  • Creating a winning legal strategy based on the evidence and expert testimony.
  • Engaging in agile negotiations and persuasive litigation on your behalf. 

Cooper Schall & Levy Will Handle Legal Procedures and Meet Deadlines

Once you become our client, you needn’t worry about Pennsylvania’s strict legal procedures and deadlines. Leave all logistical matters in our capable hands, from meeting the statute of limitations for filing a malpractice claim generally 2 years from the date the injury was discovered or should have been discovered   to navigating every pretrial procedure and submitting every necessary document.

The Takeaway

Filing a successful medical malpractice lawsuit requires in-depth legal knowledge, excellent negotiation and litigation skills, hard work, and determination. Fortunately, the attorneys of Cooper Schall & Levy have spent decades in practice proving that they have each of these qualities. If you have been a victim of medical malpractice, contact our offices today to feel the confidence that comes from partnering with consummate professionals.