Thoughtful advocacy for complex medical negligence claims.
Medical care is built on trust. When that trust is broken by preventable medical negligence, the consequences can be devastating. At Badey, Sloan & DiGenova, P.C., our Philadelphia medical malpractice attorneys represent individuals and families harmed by substandard medical care, providing careful evaluation and disciplined advocacy grounded in Pennsylvania law.
Medical malpractice cases are among the most complex forms of civil litigation. Not every unsatisfactory or catastrophic medical outcome constitutes malpractice, and pursuing a valid claim requires experienced legal counsel, a qualified medical expert review, and a strategic approach from the outset.
A Strategic Approach to Medical Malpractice Claims
Shaping Strategy in Complex Medical Negligence Cases
Medical malpractice claims require more than a disappointing result or unexpected complication. A viable claim must show that a healthcare provider deviated from the accepted standard of care and that this deviation directly caused injury, increased the risk of harm, or took away a chance for recovery.
Our experienced medical malpractice attorneys approach cases with care and precision. We work closely with qualified medical experts to evaluate whether the standard of care was breached, whether that breach caused harm, and whether the damages justify litigation. This deliberate process ensures that only cases with a sound legal and medical foundation move forward.
Medical Malpractice Claims We Handle
Identifying When Medical Negligence May Have Occurred
Medical negligence can arise in many different healthcare settings and circumstances. While each case is unique, malpractice claims generally involve preventable errors in diagnosis, treatment, surgery, or patient care.
Our law firm represents individuals harmed by the negligence of medical providers, including hospitals, physicians, surgeons, nurses, and other healthcare providers, throughout Philadelphia. Understanding how an injury occurred and whether it resulted from a deviation from accepted medical practice is a critical first step in determining whether a valid malpractice claim exists.
Types of Medical Malpractice Cases
Common Categories of Negligence Under Pennsylvania Law
While not every medical injury results from negligence, specific categories of errors are more likely to form the basis of a valid malpractice claim under Pennsylvania law. Our firm evaluates and handles medical malpractice cases involving:
- Misdiagnosis or Delayed Diagnosis: Failure to timely diagnose conditions such as cancer, stroke, infections, or cardiac events, resulting in worsened outcomes, loss of treatment options or worse.
- Surgical Errors: Medical mistakes occur during surgery, including operating on the wrong site, leaving surgical instruments in place, or causing preventable intraoperative injuries.
- Medication Errors: Prescribing the wrong medication or dosage, dangerous drug interactions, or failures in administering medication properly.
- Hospital Negligence: Systemic failures involving inadequate staffing, poor supervision, unsafe conditions, or breakdowns in patient care protocols.
- Anesthesia Errors: Errors involving dosage, monitoring, or administration of anesthesia that lead to brain injury, organ damage, or other serious complications.
- Birth Injuries: Negligent prenatal care, labor, or delivery practices that result in injury to an infant or mother.
- Failure to Treat or Monitor: Inadequate follow-up care, failure to respond to changing patient conditions, or delayed intervention when symptoms worsen.
Each of these cases requires careful medical and legal review to determine whether the accepted standard of care was breached and whether that breach caused irreparable damage leading to potential compensable loss.
Understanding Pennsylvania Medical Malpractice Law
Legal Standards, Expert Review, and Who May Bring a Claim
A malpractice claim must show that the healthcare provider deviated from the accepted standard of care and that this deviation was the direct cause of the patient’s injury. Because these issues involve specialized medical knowledge, expert testimony is typically required.
Pennsylvania further requires plaintiffs to file a Certificate of Merit within 60 days of filing a medical malpractice lawsuit, under Rule of Civil Procedure 1042.3. This filing confirms that a qualified medical professional has reviewed the matter and determined there is a reasonable basis to conclude that medical negligence occurred. Failure to file a Certificate of Merit can result in dismissal of the case.
Most medical malpractice claims must be filed within a two-year statute of limitations from when the injury was discovered or reasonably should have been discovered. When medical negligence results in death, Pennsylvania law allows certain family members or legal representatives to pursue wrongful death claims and survival actions, subject to the same statutory deadlines. Missing this deadline can permanently bar recovery, but certain exceptions may apply; a good reason to seek out a lawyer.
What to Do If You Suspect Medical Malpractice
Early Evaluation Can Protect Your Rights
If you believe a medical error caused serious harm, taking the proper steps early is essential, both medically and legally.
Consider the following actions:
- Seek a free consultation with a qualified medical malpractice lawyer. Early legal guidance allows for expert review, compliance with procedural requirements, and protection of your legal rights.
- Seek appropriate medical care. Your health comes first. Ongoing treatment is not only important for your health, but it also helps document the nature and extent of the injury.
- Preserve medical records and documentation. Medical charts, test results, operative reports, and discharge summaries are often central to evaluating a malpractice claim.
- Avoid assumptions about fault. Not all adverse outcomes result from negligence. A thorough review by qualified healthcare professionals is necessary to determine whether malpractice occurred.
Compensation in Medical Malpractice Cases
Evaluating the Full Impact of Medical Negligence
When a healthcare provider’s negligence causes injury, Pennsylvania law allows victims to seek economic and non-economic damages. These may include medical expenses, lost income, future care needs, and the physical and emotional effects of an injury.
In cases involving catastrophic harm, such as permanent disability or traumatic brain injury, compensation may reflect long-term medical treatment, ongoing care, and diminished quality of life. When malpractice results in death, wrongful death, and survival action claims may allow eligible family members to seek compensation for losses related to funeral expenses, lost financial support, and the impact of losing a loved one.
Pennsylvania generally does not cap compensatory damages in medical malpractice cases.
Trial Readiness and Expert-Driven Litigation
Prepared to Litigate. Positioned to Negotiate.
Medical malpractice cases often depend on expert testimony and complex medical evidence. Effective advocacy requires careful preparation, credible expert review and analysis, and a willingness to litigate when necessary.
Badey, Sloan & DiGenova prepares medical malpractice cases with trial readiness in mind, recognizing that disciplined preparation often strengthens both negotiation and litigation outcomes.
Fees and the Cost of Hiring a Medical Malpractice Lawyer in Philadelphia, PA
Clear Expectations. No Upfront Legal Fees.
Medical malpractice cases are typically handled on a contingency-fee basis, meaning legal fees are paid only if compensation is recovered. This allows medical malpractice victims to pursue legitimate claims without additional financial pressure.
During an initial consultation, we explain the evaluation process, how expert review works, and what clients can expect at each stage of a malpractice case.
Why Choose Badey, Sloan & DiGenova P.C.
A Disciplined, Experience-Driven Perspective
Medical malpractice litigation requires experience, judgment, and restraint. At Badey, Sloan & DiGenova, clients work directly with our Philadelphia medical malpractice attorneys, who carefully evaluate claims and pursue litigation only when the medical and legal evidence support it.
Our Philadelphia roots, trial experience, and appellate background inform every malpractice case we handle.
