For more than 25 years, the medical malpractice lawyers at Kline & Specter, PC have obtained top results for our clients who suffered injuries due to medical negligence by doctors, hospitals, or other medical professionals. Our medical malpractice lawyers have among the largest verdicts in the United States, having obtained four of the top 100 nationally in one year alone.
Our team of more than 50 lawyers — five of whom are also medical doctors, the most of any law firm in the nation — has enabled our firm to develop expertise in medical malpractice cases, leading to exceptional results in verdicts and settlements.
Examples of Medical Malpractice
According to Harvard University, more than one million people also suffer injuries each year because of medical mistakes. A study published in the Journal of Patient Safety also reported that hospital errors may be responsible for 200,000 to 400,000 deaths annually.
Medical errors can be caused by treating doctors, surgeons, nurses, pharmacists, and other healthcare professionals. Individual practitioners, hospitals, and even nursing homes or long-term care facilities can be held liable for medical malpractice (also referred to as "med mal"). Common types of medical malpractice include:
- Birth injuries
- Missed or delayed diagnoses, including cancer diagnoses
- Anesthesia errors
- Hospital infections
- Medication errors
- Tubing errors
- Errors involving patient allergies
- Fertility procedures
- Emergency room delays and mistakes
- Gastric bypass surgeries
- Wrong-site surgeries
- Defective medical products
Many victims don’t realize that a medical error caused their injury. That’s why it takes a skilled team of lawyers and doctors to investigate the causes of injuries or deaths following medical procedures.
We trust doctors and other medical personnel with our lives and the well-being of our loved ones, but that trust can end in tragedy for thousands of patients. Should you or a family member suffer a serious injury or death as a result of a medical error, protect your rights by consulting an experienced medical malpractice lawyer.
Do You Have a Medical Malpractice Case?
In order to successfully pursue a medical malpractice case, you must be able to prove that you suffered injuries because of a medical professional’s negligence. Being dissatisfied with your treatment or the outcome of your surgery is not in itself grounds for a medical malpractice case.
The attorneys at Kline & Specter, PC can help you understand your legal rights, who can be held legally responsible for your injuries, and whether you should pursue a medical malpractice claim. The following are some important factors to consider.
"After being rejected by several other prominent law firms, Tom Kline took our case, telling us that he was ‘all in’ and that he would fight for us to make sure the parties responsible for our loss would be held accountable. Tom is a compassionate and real human being who felt our pain and was able to convey the depth of that pain and our hardships to the jury. When you lose a loved one, there is no “victory” in court, but with the persistence of Tom Kline and his staff, we were vindicated. Those responsible were, indeed, held accountable."
Did You Suffer Harm?
The harm that you suffered may be in the form of physical injury, financial injury, or non-economic losses. Often, all three types of harm are experienced, and we must fight to recover the compensation necessary to cover those injuries.
Medical malpractice victims may be entitled to several forms of compensation, depending on the severity of their injuries and losses:
- Economic damages: Cover measurable costs such as hospital bills, medication expenses, lost income, and future medical care.
- Non-economic damages: Address pain and suffering, emotional distress, loss of companionship, and diminished quality of life.
- Punitive damages: May be awarded in cases involving reckless or intentional misconduct to punish the wrongdoer and deter similar behavior.
Because laws and damage caps vary by state, it’s essential to consult a medical malpractice attorney. They will help you understand the full scope of potential recovery.
"After being rejected by several other prominent law firms, Tom Kline took our case, telling us that he was ‘all in’ and that he would fight for us to make sure the parties responsible for our loss would be held accountable. Tom is a compassionate and real human being who felt our pain and was able to convey the depth of that pain and our hardships to the jury. When you lose a loved one, there is no “victory” in court, but with the persistence of Tom Kline and his staff, we were vindicated. Those responsible were, indeed, held accountable."
Was a Medical Professional Negligent in Your Care?
Every medical professional is held to a high standard of care in the medical community. Although doctors may differ in their opinions on how best to treat a patient, they do not deviate from acceptable standards. Medical professionals may fail to meet the standard of care and therefore act negligently by:
- Delaying or misdiagnosing severe conditions: A delay in diagnosis is often caused by a doctor failing to order the appropriate tests or misinterpreting their results. The effect of delayed diagnosis is the worsening of the condition because it is left untreated. In severe cases, such as those involving cancer or meningitis, this can lead to the tragic death of the patient.
- Incorrectly prescribing or administering medication: From the doctor who prescribes the drug to the pharmacist who fills the order to the nurse or healthcare worker who administers the dose to the patient, these medical professionals are responsible for the proper dosing and administration of prescription drugs. Many drugs can cause dangerous interactions when mixed, and administering the wrong medication or the wrong amount of medication can put your health at serious risk.
- Making mistakes during surgical procedures: All procedures carry some risk. However, surgeons and their staff must act within the generally accepted standard of care for each patient. Surgical mistakes include negligence, such as wrong-site surgeries and leaving surgical instruments inside the body.
- Making mistakes after surgical procedures: Post-operative mistakes include failing to notice hemorrhage or infection and failing to administer necessary recovery medications.
- Mishandling medical equipment: Medical equipment should be designed to improve patient health and safety. While some medical devices are defective and pose dangers to patients, others are simply misused by medical personnel, causing more harm to an already ailing patient.
- Creating unsafe conditions during labor and delivery: Childbirth is simultaneously a routine and a potentially dangerous medical situation. If a doctor or other medical professional fails to recognize signs of stress during delivery or fails to diagnose prenatal conditions, the mother and child may both suffer serious injuries.
"My experience with Kline and Specter was exceptionally good—considering that the situation my husband and I faced was life-changing and terrible. I was especially appreciative of the way that the firm staff, as well as the lawyers we worked with, were both responsive and understanding of the emotional turmoil that comes with serious personal injury … I will always be grateful for the excellent representation that Shanin Specter, Gary Zakeosian and the rest of the legal team provided to us."
Why Do Medical Mistakes Occur?
After taking numerous medical malpractice cases to trial, we have noticed some common reasons for medical mistakes:
- Lack of communication between doctors and hospital staff regarding patient care.
- Poor record-keeping causes doctors to miss important details about a patient’s medical history or medication allergies.
- Understaffed facilities lead to overworked staff cutting corners and ignoring proper procedures.
- Lack of rest both for doctors and staff who may be asked to work long hours with little sleep, which can compromise decision-making.
- Alcohol or drug dependence among doctors and staff. High-stress environments, such as hospitals, see increased addiction to alcohol and other drugs by employees.
What to Do if You Suspect You’ve Been a Victim of Medical Malpractice
If you believe you’ve been harmed by medical negligence, act quickly to protect your health and your legal rights:
- Seek medical attention from another qualified provider to address any ongoing issues or complications.
- Gather medical records, test results, prescriptions, and billing information. These documents can help reveal what went wrong.
- Write down details about your treatment, symptoms, and conversations with healthcare providers while they’re fresh in your mind.
- Avoid discussing your case with hospital staff or insurance representatives before seeking legal advice.
- Meet with a medical malpractice attorney to assess your situation and determine next steps.
Why Choose Kline & Specter as Your Medical Malpractice Law Firm?
Kline & Specter has a seasoned litigation team that includes five full-time physician/lawyers, the most of any law firm in the country. Our attorneys are trial lawyers with decades of legal victories. Since the firm’s inception in 1995, our lawyers have had more large recoveries than any other firm in Pennsylvania.
Our experienced team of medical malpractice lawyers attended a litany of prestigious colleges and universities, including Harvard, Yale, the University of Pennsylvania (11 total), Princeton, Williams, Haverford, Georgetown, Oxford, and Cambridge, among others.
When you reach out to us, you gain the peace of mind of knowing that our attorneys are among the best in Pennsylvania and across the country at litigating medical malpractice lawsuits.
Cases We’ve Won
Kline & Specter is consistently ranked among the best medical malpractice law firms in Philadelphia and across Pennsylvania by U.S. News Media Group’s Best Lawyers listing. The following are some examples of medical malpractice cases we have won.
Medical Malpractice Win: $100 Million
A Philadelphia Common Pleas jury awarded the largest-ever medical malpractice verdict in Pennsylvania. The verdict was granted for a baby who suffered severe brain damage and the amputation of an arm due to medical malpractice by a surgeon and other doctors and staff who were responsible for the infant’s care.
Medical Malpractice Win: $57 million
Our attorneys won this verdict in the Allegheny County case of a midwife whose actions caused infant oxygen deprivation, which resulted in cerebral palsy.
Medical Malpractice Win: $49 million
We secured this verdict in the case of a Philadelphia hospital error that left a young man severely brain-damaged.
Medical Malpractice Win: $42 million
This federal court verdict for an infant injured in a botched forceps delivery was believed to be the largest-ever for a medical malpractice case in Pennsylvania’s Middle District.
Medical Malpractice Win: $33.1 million
Kline & Specter won this verdict in the lawsuit involving a Lehigh County, Pa., woman whose missed breast cancer diagnosis resulted in her death.
FAQs
Is There a Statute of Limitations for Medical Malpractice Cases?
Generally, a suit must be brought within two years of the injury unless the claim involves a minor or unless the negligence was discovered later.
Can I Bring a Lawsuit Against More Than One Medical Practitioner for the Same Injury?
In many places, yes. Pennsylvania medical malpractice law, and the law in all other states, allows for more than one party to be held liable for an injury caused by medical negligence. This is also true in New Jersey and Delaware.
I Signed a Consent Form. Does That Waive My Right To Bring a Medical Malpractice Case?
No. Consent forms do not waive your right to pursue a medical malpractice claim for injuries you sustained because of a doctor’s negligence.
Is There a Cap on the Amount of Damages I Could Be Awarded?
Who Can File a Lawsuit on Behalf of a Deceased Loved One?
When medical negligence leads to a patient’s death, certain family members or legal representatives may file a wrongful death or survival action. Typically, this includes the deceased person’s spouse, children, or parents.
If no immediate family exists, an appointed executor or administrator of the estate can bring the claim on behalf of surviving beneficiaries. These lawsuits seek compensation for medical costs, funeral expenses, loss of companionship, and other damages caused by negligence.
Specific rules vary by state, including filing deadlines and who qualifies as a legal representative under that state’s wrongful death laws.
Can Hospitals or Medical Institutions Be Held Liable for the Actions of Their Staff?
Yes. Under the legal principle of “vicarious liability,” hospitals and healthcare facilities can be held responsible for the negligent actions of employees, such as doctors, nurses, or technicians.
If an error occurs while an employee is performing job-related duties, the institution may share or assume liability. Additionally, a hospital may face direct liability for issues like inadequate staffing, poor training, or unsafe policies.
Liability can be more complex when the negligent party is an independent contractor rather than a direct employee. Determining who is accountable often requires a detailed review of employment relationships and records.
Can a Patient Sue for Emotional Distress Caused by Medical Negligence?
Emotional distress claims might involve anxiety, depression, trauma, or loss of trust in medical professionals following an incident. These cases typically require strong documentation, such as mental health evaluations or expert testimony, to link the emotional suffering to the negligent act.
Some jurisdictions may impose limits on recoverable damages or require physical injury to accompany emotional harm, so the specific rules depend on the laws of the state where the case is filed.
Explore Your Legal Options
If you or a loved one suffered serious injury or death resulting from a medical error, the attorneys at Kline & Specter may be able to help you. Call 215-772-1000 or submit our contact form to discuss your unique case.
Kline & Specter provides free and confidential evaluations of potential cases. Kline & Specter handles cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, the law firm works with local attorneys in each state as applicable.
