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AWARDS: $2,350,000 award to automobile accident wrongful death plaintiffs • jury acquittal – double criminal homicide • $1,000,000 award to motorcycle accident wrongful death plaintiffs • jury acquittal – criminal homicide • $465,000 award to medical malpractice plaintiff • jury acquittal – criminal homicide, recklessly endangering another person, neglect of a care dependent person • $325,000 federal jury verdict, UIM and insurance bad faith award to automobile accident plaintiffs • jury acquittal – attempted criminal homicide • $300,000 award to medical malpractice plaintiff • jury acquittal- attempted criminal homicide, aggravated assault with a deadly weapon • $300,000 award to automobile accident/ products liability plaintiffs • jury acquittal – homicide by vehicle while DUI, homicide by vehicle, aggravated assault by vehicle DUI, aggravate assault by vehicle • $115,000 award to truck accident plaintiff • jury acquittal – murder, rape • $100,000 non-jury trial verdict to facial laceration plaintiff • jury acquittal – 1st degree Murder (capital case) • $90,000 award to premises liability/slip-and-fall plaintiff • jury acquittal – DUI, terroristic threats, carrying firearms without a license • $440,000 award to civil rights violation plaintiff • jury acquittal – theft, receiving stolen property • $135,000 award to civil rights violation plaintiff • jury acquittal – possession with intent to deliver a controlled substance (PWI) • $636,000 jury verdict in plaintiffs’ medical malpractice case • jury acquittal – indecent assault, indecent exposure • $550,000 award in plaintiffs’ personal injury case • juvenile case acquittal- solicitation to commit aggravated assault, aggravated assault of unborn child • $250,000 award to mass transit accident plaintiff • jury acquittal – theft, receiving stolen property, conspiracy • $130,000 award to premises liability/slip-and-fall plaintiffs • court-appointed appellate counsel – Supreme Court of Pennsylvania reversal of rape conviction • $465,000 award to automobile accident plaintiff • jury acquittal – aggravated assault • $125,000 award to automobile accident plaintiff • jury acquittal – DUI • non-jury acquittal – dismissal of armed robbery charges • $170,000 award to automobile accident plaintiffs • successful jury verdict in defense of attorney charged with legal malpractice in professional liability case • $140,000 award to injured bicyclist plaintiff • non-jury acquittal – dismissal of 2 counts of criminal homicide • $180,000 award to employment discrimination plaintiff • jury acquittal – indecent exposure • non-jury custody trial – award of primary physical and legal custody of minor to paternal grandparents over natural mother • juvenile decertification petition granted to criminal homicide charges – release at age 21 • non-jury custody trial – award of primary physical and legal custody of minor to father • jury acquittal – DUI • $90,000 award to automobile accident plaintiffs • non-jury custody trial – award of primary physical and legal custody of minor to mother • $50,000 jury verdict for plaintiff- passenger in automobile accident case • non-jury custody trial – award of primary physical and legal custody of minor to father • hung jury – Arson trial (no criminal punishment imposed) • $265,000 award to premises liability plaintiff • jury acquittal – delivery of a controlled substance • $125,000 award to premises liability plaintiff • jury acquittal – DUI • $190,000 award to products liability plaintiff • $150,000 award to premises liability/construction accident plaintiff • $750,000 award to prison medical malpractice and civil rights violation plaintiff • $90,000 award to automobile accident plaintiffs • $108,500 award to automobile accident plaintiff • $80,000 award to automobile accident plaintiff • $150,000 award to truck accident plaintiffs.

Medical Malpractice: Proving a Victim’s Right To Compensation for Professional Negligence

Medical malpractice is a source of concern throughout Pennsylvania with more than 1,500 professional negligence cases filed with the courts in 2015 on behalf of injured victims. Whether compensation comes through a verdict after trial or a settlement, the right of the injured party to receive compensation depends upon his or her ability to prove medical malpractice.

What is medical malpractice?

Medical malpractice occurs when a health care provider, such as a physician, nurse or hospital, causes injury to a patient through professional negligence. The negligence can be in the form of an affirmative act or by the failure to act. A physician prescribing the wrong medication for a patient who has an adverse reaction is an example of a negligent act. The worsening of a medical condition because of the failure of a doctor to order treatment would be an example of negligence by failing to act.

Proving medical malpractice

Establishing professional negligence against a health care provider requires evidence to prove the following:

  • Violation of the standard of care: Health care providers are expected to perform to the level of competency expected of a reasonable prudent health care professional. Failure to perform to this standard of care might be negligence.
  • Existence of a doctor-patient relationship: There must be proof that the medical professional was acting in that capacity when rendering advice or treatment to the patient.
  • Existence of an injury: It must be proven that deviation from the standard of care caused an injury to the plaintiff.

Consult an attorney

Professional negligence cases are complex and require the skills and knowledge of an experienced attorney. Speaking to a medical malpractice attorney is the best way to protect your rights.