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KAPLUNMARX IS PHILADELPHIA’S TOP CLIENT RATED, ACTUALLY LOCAL, INJURY FIRM

Philadelphia Medical Malpractice Attorneys

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HELPING PHILADELPHIA MEDICAL MALPRACTICE VICTIMS EVERY DAY

Philadelphia's Favorite Medical Malpractice Legal Team

Suffer From Malpractice in Philadelphia? We’re Here to Take Care of You!

When you entrust your health to medical professionals, you expect competence, care, and integrity. Unfortunately, medical errors are a leading cause of injury and death in the United States. If you’ve suffered due to a healthcare provider’s negligence, you deserve justice and fair compensation. At KaplunMarx, we’re dedicated to helping victims of medical malpractice navigate this complex journey toward healing and resolution.

Please note: We are a serious firm when it comes to evaluating medical malpractice. We do not take frivolous malpractice cases. We believe most medical professionals are competent and caring so we only work with those we find have a clear case of negligence. Now that that’s out of the way…

Why Choose KaplunMarx for Your Medical Malpractice Case?

Medical malpractice cases are among the most challenging and intricate areas of personal injury law. They require a deep understanding of both legal statutes and medical procedures. Here’s how KaplunMarx stands out:

  • Proven Track Record with a 98% Success Rate Our Philadelphia trial attorneys have a history of securing favorable outcomes for our clients. We’ve won millions of dollars in compensation for victims of negligence, and we’re committed to maximizing your recovery.

  • Expertise in Medical Malpractice Law We specialize exclusively in injury and accident cases, giving us the focused expertise needed to handle the complexities of medical malpractice. From misdiagnosis and surgical errors to medication mistakes and birth injuries, we have the experience to tackle a wide range of medical negligence cases.

  • Personalized Attention and Direct Access At KaplunMarx, you’re not just another case number. You’ll have direct access to your attorney throughout the entire process. We believe in building strong relationships with our clients, providing personalized attention to address your unique needs and concerns.

  • We’re Not a Settlement Mill Unlike firms that rush to settle cases quickly, we’re prepared to go the distance for you. We’re willing to stand up to powerful hospitals and insurance companies—even if it means taking your case to court—to ensure you receive the full compensation you deserve.

  • Diverse & Multilingual Team Our team proudly serves Philadelphia’s English, Spanish, and Russian-speaking communities. We believe that everyone deserves high-quality legal representation, regardless of language or background.

  • Truly Local Firm with Community Roots We’re not just practicing in Philadelphia—we’re part of the community. We understand the local medical landscape, regulations, and courts, giving us unique insights that benefit your case. We invest our time and resources into serving local clients, not on flashy ads elsewhere.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or death. Common types of medical malpractice include:

  • Misdiagnosis or Delayed Diagnosis Failure to correctly diagnose a condition can lead to incorrect treatment, worsening of the illness, or even death.

  • Surgical Errors Mistakes during surgery, such as operating on the wrong body part or leaving instruments inside the patient, can have severe consequences.

  • Medication Errors Prescribing the wrong medication or dosage can cause serious harm or adverse reactions.

  • Birth Injuries Negligence during prenatal care or delivery can result in lifelong disabilities for the child or complications for the mother.

  • Anesthesia Mistakes Errors in administering anesthesia can lead to brain damage, nerve damage, or death.

Proving medical malpractice is complex and requires establishing that the provider’s negligence directly caused your injury. This often involves extensive investigation, expert testimony, and a thorough understanding of medical procedures.

Our Comprehensive Approach

At KaplunMarx, we leave no stone unturned in pursuing justice for our clients:

  • Thorough Investigation We collaborate with medical experts to review your records, identify negligence, and build a strong case.

  • Strategic Case Building Our attorneys craft compelling arguments that clearly demonstrate how the standard of care was breached and the impact it has had on your life.

  • Aggressive Advocacy We’re relentless in negotiations and, if necessary, litigation to ensure you receive maximum compensation for medical expenses, lost wages, pain and suffering, and other damages.

No Upfront Fees—We Only Get Paid If You Do

We operate on a contingency fee basis, which means you won’t owe us anything unless we win your case. This allows you to seek justice without the financial burden of legal fees adding to your stress.

Take Control of Your Recovery

You don’t have to face this overwhelming situation alone. Let KaplunMarx handle the legal complexities so you can focus on healing. We’re dedicated to providing compassionate support while fiercely advocating for your rights.

Get Started with a Free Consultation

Time is critical in medical malpractice cases due to strict statutes of limitations in Pennsylvania. Don’t risk missing out on the compensation you deserve.

  • Call Us Today and get on the schedule to speak directly with an experienced KaplunMarx med mal attorney.

  • Visit Our Philadelphia Office We’re conveniently located and ready to meet with you to discuss your case in person (appointment only).

  • No Obligation Our initial consultation is free and confidential. We’ll provide honest advice about your legal options without any pressure.

KaplunMarx—Your Trusted Advocate in Medical Malpractice Cases

We’re more than just lawyers; we’re your partners in seeking justice. With our specialized expertise and commitment to personalized service, you can trust that your case is in capable hands.

Working With a Personal Injury Attorney on a Pennsylvania Medical Malpractice Case.

Philly Med MalDon’t leave a med-mal case to just any attorney. You need a team like KaplunMarx with a proven track record. These cases are sensitive to nuance and require extensive research and documentation.

We’ll need to gather exhaustive medical records, establish a clear timeline, and document all damages – both economic and non-economic. Your attorney should have proven experience in medical malpractice, strong expert connections, and thorough knowledge of PA legal requirements. That’s why it’s important to talk to KaplunMarx rather than just talking to the first law firm you find on Google. 

Understanding Pennsylvania Medical Malpractice Laws

Pennsylvania’s medical malpractice laws require healthcare providers to carry at least $500,000 in insurance coverage through the MCARE Act, guaranteeing financial protection for both providers and patients. However, malpractice policies typically carry much higher limits and sometimes a medical organization may be further covered by an umbrella policy. 

The two-year statute of limitations gives patients time to file claims while protecting providers from indefinite liability. However, the discovery rule ensures patients aren’t penalized when injuries aren’t immediately apparent.

We’ve seen significant changes in venue laws as of 2023, allowing cases to be filed in any county where the defendant can be served or where the negligent conduct occurred.

This expands access to justice while maintaining procedural fairness. There is also a certificate of merit requirement which helps prevent frivolous lawsuits by requiring professional review before filing.

While there aren’t caps on compensatory damages, punitive damages are limited to 200% of compensatory awards. Modified comparative negligence allows for fair distribution of fault, reducing damage awards based on the patient’s contribution to the injury, creating a balanced approach to accountability.

Evaluating Your Medical Malpractice Case

We’ll help you understand how we assess your medical malpractice case through a thorough initial evaluation that examines the merit of your potential claim.

Our process includes gathering and analyzing essential medical records, expert testimonials, and other critical documentation that establishes both the breach of medical standards and resulting harm.

We’ll carefully document the full impact of your injuries, including physical, emotional, and financial damages, to build a compelling case that meets Pennsylvania’s strict legal requirements.

Initial Case Merit Assessment

Determining whether your medical malpractice case has merit requires a thorough evaluation of four critical elements.

First, we’ll assess whether a valid provider-patient relationship existed, as this establishes the healthcare provider’s duty of care to you. Without this fundamental relationship, we can’t proceed with a malpractice claim.

Next, we’ll examine whether the provider deviated from the accepted standard of care. We’ll consult medical experts to determine if the care you received fell below what a reasonably competent healthcare provider would have delivered under similar circumstances.

Then, we’ll evaluate the direct connection between the substandard care and your injuries, whether they’re physical, emotional, or financial.

Evidence Collection Requirements

Once merit has been established in your medical malpractice case, thorough evidence collection becomes our next priority.

We’ll begin by gathering all relevant medical records, diagnostic test results, and documentation of your interactions with healthcare providers. These records form the foundation of proving the four essential elements: duty, breach, causation, and damages.

We’ll use various litigation tools, including formal requests for records and interrogatories, to confirm we obtain total documentation. Our process includes collecting hospital policies and regulations that establish the standard of care, as well as any physical evidence like photographs or medical devices related to your treatment.

Expert evaluation is pivotal in Pennsylvania medical malpractice cases. We’ll work with qualified medical experts who’ll review your records and provide detailed reports on whether your healthcare provider breached the standard of care.

These experts must verify their findings through a certificate of merit, which is required by Pennsylvania law. Through depositions, we’ll gather testimony from healthcare providers, witnesses, and other relevant parties to strengthen your case and establish how the provider’s breach directly caused your injuries.

Injury Impact Documentation

Documentation of injury impact stands at the core of building a successful medical malpractice case in Pennsylvania. We’ll need exhaustive medical records, test results, and prescription details to establish the extent of harm caused by negligent care. This documentation creates a clear timeline of events and demonstrates the direct connection between the medical error and resulting injuries.

Documentation Type

Purpose

Required Elements

Medical Records

Establish Timeline

Provider Notes, Test Results

Financial Impact

Prove Damages

Bills, Receipts, EOBs

Employment Records

Show Lost Wages

Pay Stubs, Tax Returns

Expert Opinions

Support Causation

Medical Assessments

Personal Evidence

Document Suffering

Diaries, Photos, Journals

We’ll carefully evaluate all aspects of your injury’s impact, from direct medical costs to long-term consequences. This includes gathering evidence of lost wages, future earning capacity, and necessary lifestyle modifications. We’ll document your pain and suffering through personal journals and expert testimony, while maintaining thorough records of all medical appointments and treatment outcomes. Our exhaustive approach verify we’ve built the strongest possible case for negotiation or litigation, supported by clear, credible documentation of every impact the medical negligence has had on your life.

Finding the Right Legal Team

When we help clients select legal representation for medical malpractice cases, we emphasize that experience matters most, as attorneys with proven track records understand the nuances of these complex cases.

You should only speak with attorneys who consistently demonstrate successful results through settlements and verdicts, backed by their ability to effectively collaborate with medical experts and navigate Pennsylvania’s legal requirements such as KaplunMarx and their co-council partners.

Experience Matters Most

Experience serves as the cornerstone when selecting legal representation for a medical malpractice case in Pennsylvania. We’ve found that attorneys with extensive medical malpractice experience possess critical advantages in handling these complex cases, from understanding intricate medical procedures to maneuvering Pennsylvania’s specific legal requirements.

Experience Factor

Impact on Case

Medical Expert Network

Access to qualified specialists for testimony

Case History

Proven track record of successful outcomes

Defense Knowledge

Understanding of opposing strategies

An attorney’s specialized knowledge in medical malpractice law directly correlates to their ability to build compelling cases. Experienced attorneys can quickly identify case strengths and weaknesses, understand complex medical terminology, and effectively communicate with healthcare providers.

The right attorney won’t just know the law; they’ll demonstrate a thorough understanding of medical standards of care, procedural requirements, and Pennsylvania-specific regulations. This holistic knowledge enables them to navigate complicated legal processes while maximizing the potential for successful outcomes in medical malpractice claims. These are just some of the qualities you’ll enjoy when working with a KaplunMarx attorney and their team. 

Legal Team Chemistry

Finding the right legal team requires more than just evaluating credentials – it demands gauging the chemistry between attorney and client.

At KaplunMarx, we emphasize that effective communication, specialized expertise, and a client-centric approach form the foundation of successful legal partnerships in medical malpractice cases.

Look for some of these:

  1. Communication Style: The team must provide clear explanations, transparent fee structures, and regular case updates while maintaining professional accessibility throughout the process.
  2. Specialized Resources: Look for teams with medical malpractice expertise, established networks of medical experts, and all-inclusive investigative capabilities specific to Pennsylvania laws.
  3. Client Support System: Verify the team demonstrates empathy, develops personalized strategies, and involves you in critical decisions while providing continuous guidance.

Strong legal team chemistry substantially impacts case outcomes. This is another quality that KaplunMarx brings to your case.

The right team will combine technical expertise with a supportive environment, utilizing advanced technology and specialized staff while maintaining a focus on your specific needs.

This balance of professional capability and personal attention creates the ideal foundation for pursuing your medical malpractice claim in Pennsylvania.

Results-Driven Representation

Identifying results-driven representation stands as a critical factor in selecting the right medical malpractice legal team in Pennsylvania.

Our attorneys demonstrate proven expertise in medical negligence cases, including thorough knowledge of state-specific laws and regulations governing these complex claims.

Effective representation requires exhaustive investigation and strategic case building.

Your attorneys will collaborate with elite medical experts, meticulously analyze medical records, and build compelling evidence to establish liability and prove negligence.

They also have the experience to properly calculate damages that encompass medical expenses, lost wages, and pain and suffering.

Strong negotiation skills and litigation experience are essential markers of results-driven. At KaplunMarx, we never back down just for expedience sake like many of the big firms do. We fight for what is right, even if it takes a little longer and costs us more. 

Evidence Gathering and Documentation

Success in medical malpractice cases hinges on meticulous evidence gathering and thorough documentation.

We’ll help you build a definitive collection of evidence that supports your case, including medical records, expert testimony, and documented damages. Our team understands that strong documentation forms the backbone of successful medical malpractice litigation in Pennsylvania.

We’ll work diligently to gather and organize essential evidence, including:

  1. Complete medical documentation, including records, test results, surgical reports, and progress notes that establish the timeline and details of your treatment
  2. Expert witness testimony and reports from qualified medical professionals who can explain complex medical concepts and verify breaches in the standard of care
  3. Detailed documentation of damages, including medical bills, income statements, therapy records, and personal testimonies that demonstrate the full extent of harm

Building a Strong Med-Mal Case

Building a compelling medical malpractice case requires three critical components: meticulous documentation, expert testimony, and clear evidence of negligence.

We’ll work diligently to gather all-encompassing medical records, facility policies, and witness statements that demonstrate how the healthcare provider deviated from accepted standards of care.

In Pennsylvania, we must obtain a Certificate of Merit, confirming that a qualified medical expert has reviewed your case and believes malpractice occurred.

During the discovery process, we’ll strengthen your case through:

  1. Detailed review of all medical documentation, including treatment plans, diagnostic tests, and medication records
  2. Collection of expert witness testimony to establish both the standard of care and how it was breached
  3. Compilation of evidence showing direct causation between the medical error and your injuries

Through depositions and interrogatories, we’ll gather additional evidence to support your claim.

We’ll also document your economic losses through medical bills and income statements, while building evidence of non-economic damages like pain and suffering.

This thorough approach helps us negotiate effectively during pretrial discussions and presents a strong case if we proceed to trial.

Compensation and Recovery Options

Once we’ve established strong evidence of medical negligence, understanding your potential compensation becomes the next key step. In Pennsylvania, you’re entitled to seek both economic and non-economic damages, with no cap on compensatory damages in most cases.

We’ll help you pursue recovery for medical expenses, lost wages, future care costs, and pain and suffering.

While punitive damages are available in cases of intentional misconduct, they’re rarely awarded and are limited to 200% of compensatory damages. Critically, if your case involves a state or local agency, sovereign immunity laws cap damages at $250,000 and $500,000 respectively.

Several factors will influence your compensation amount, including injury severity, long-term impact, and the degree of negligence involved.

We’ll carefully evaluate your insurance coverage and consider the collateral source rule’s impact on your recovery. Time is critical – Pennsylvania’s two-year statute of limitations and seven-year statute of repose mean we must act promptly.

We’ll validate all necessary documentation, including the required certificate of merit, is filed within proper deadlines to protect your right to compensation.

Frequently Asked Questions

What Happens if My Medical Provider Refuses to Release My Records?

There are some channels we can take. If needed, we’ll seek a court order requiring disclosure.

Can Family Members Attend Medical Expert Consultations During the Case?

We’ll generally permit family members to attend medical expert consultations, but it’s ultimately at our attorney’s discretion based on case strategy, confidentiality requirements, and the consultation’s specific purpose.

Should I Continue Seeing the Doctor Who Committed the Alleged Malpractice?

We strongly recommend against continuing care with a doctor involved in alleged malpractice. It’s paramount to seek alternative medical care to protect your health and maintain the integrity of your case.

Will My Current Health Insurance Coverage Be Affected by Filing Suit?

Filing a medical malpractice lawsuit won’t affect your health insurance coverage. Your insurance benefits remain intact, and you’ll continue receiving the same coverage throughout the legal process.

How Do I Handle Medical Bills While Waiting for Case Resolution?

We may be able to help negotiate payment plans with providers, document all bills, and explore insurance coverage options as well as look at deferred payment treatment provider options. We may also be able to send letters requesting deferred collections while your case proceeds toward resolution.

WE TAKE CARE OF EVERYTHING

How It Works

01. Consult

We charge you nothing to evaluate your claim. Since we work on a contingency basis with no upfront cost you, we can’t take every case. But if we do take it, we’ll get started on it immediately. If we don’t we will give you options.

We help get you set up with medical treatments and evaluations from healthcare professionals. If you don’t have insurance, we can help get you treatment anyway. Documenting injuries and treatments is crucial for establishing damages and proving the extent of harm suffered.

We leave no stone unturned. We do comprehensive evidence gathering, including physical evidence, witness statements, and official reports. We also do accident analysis, often utilizing expert consultations and accident reconstruction techniques, as well as thorough documentation of damages and determination of liability. This critical phase lays the foundation for the case, typically lasting several weeks to months depending on the complexity, and aims to build a strong claim for negotiations or potential litigation.

Once you reach maximum medical improvement, your KaplunMarx assigned attorney compiles a demand package. This includes a demand letter outlining the incident, injuries, medical treatments, and the compensation sought for damages.

Your attorney sends the demand package to the opposing party or insurance company. Negotiations begin to reach a fair settlement without proceeding to court.

If negotiations fail to yield a satisfactory settlement, the attorney files a formal lawsuit in the appropriate court, officially initiating legal proceedings.

We exchange information with the other side through processes like depositions, interrogatories, and requests for documents. This phase allows each side to gather evidence and understand the other’s claims and defenses.

Before trial, parties may attempt to resolve the case through mediation or arbitration. A neutral third party assists in facilitating a settlement to avoid the costs and uncertainties of trial.

If the case isn’t settled, it proceeds to trial where both sides present evidence and arguments. A judge or jury examines the facts to determine liability and award damages.

Once a settlement is reached or judgment awarded, the attorney assists in collecting the compensation, which may involve dealing with insurance companies or setting up payment plans. After all compensation is received and legal matters concluded, your attorney closes the case, providing the client with final documents and ensuring all obligations are fulfilled.

Get Your Injury Claim Started Now

WHEN YOU’VE BEEN HURT DUE TO SOMEONE ELSE’S NEGLEGENCE, TIME CAN WORK AGAINST YOU IF YOU’RE NOT PROTECTED BY AN ATTORNEY. AT KAPLUNMARX PHILLY, ONE OF OUR ACCIDENT ATTORNEYS CAN GET STARTED ON YOUR REVIEW RIGHT AWAY – OFTEN THE VERY SAME DAY.