Proving Medical Malpractice, What You Need to Know – Medical Malpractice Lawyer, Chester County, PA

Medical malpractice law, Medical malpractice lawyer, Chester County PA, medical professionals in chester county

Finding yourself in the middle of a medical malpractice lawsuit can be one of the most unnerving situations in life. If you think you or a family member have been wronged, then it is time to seek legal advice from HoeyLegal’s medical malpractice lawyers. We will delegate you an experienced medical malpractice attorney who will assist you if you have a valid medical malpractice claim.

What is Medical Malpractice?

Medical malpractice occurs when healthcare professionals fail to provide the appropriate treatment, fail to take necessary action, or administer substandard care, leading to harm, injury, or death. This can encompass a range of errors, including misdiagnosis, medication errors, surgical mistakes, and more.

The Elements of Medical Malpractice Cases

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To successfully prove your medical malpractice claims, several key elements must be established:

Duty of Care

There needs to be a relationship between a doctor and a patient, which means the doctor is responsible for giving good care to the patient. They should treat the patient following the usual medical rules and practices, and the patients trust doctors to give them the right care for their health problems.

Breach of Duty

This happens if a healthcare professional does not do their job right and does not give the standard care they should, like if they make mistakes in diagnosing an illness, treating it, or following up with the patient. It is important to show that what the provider did was not what a good healthcare provider would normally do.

Injury Resulting from Negligence

It is important to prove that the mistakes made by the healthcare professional directly led to harm or injury to the patient. Medical records, expert opinions, and other proof can help show this connection between mistakes and harm.


Suppose a patient is seriously harmed because of medical mistakes, either physical, emotional, or financial. It might mean big medical bills, losing money because of not being able to work, feeling a lot of pain, or even being disabled for a long time. It is important to show how much harm was caused to determine how much the patient should be compensated for.

Common Instances of Medical Errors and Malpractice

Medical errors and instances of malpractice can have severe consequences for patients. That is why it is important to understand the different forms these errors can take to recognize when medical negligence has occurred.

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Medical malpractice can manifest in various forms, including:

  • Misdiagnosis or the failure to diagnose
    Medical malpractice involves incorrectly diagnosing or failing to diagnose a medical condition promptly and accurately. Misdiagnosis can lead to delays in treatment, wrong care, or unnecessary procedures, all of which can hurt patients and make their condition worse. Likewise, not diagnosing a condition at all can lead to untreated illnesses getting worse and causing serious harm, even death.
  • Surgical errors
    Surgical errors, such as operating on the wrong body part, doing the wrong procedure, or leaving objects inside the body, are a common type of medical malpractice that causes severe harm to patients. These mistakes can lead to infections, organ damage, or permanent disability, often requiring more surgeries or lifelong medical attention.
  • Medication errors – prescribing incorrect dosages or medications
    These medication errors happen when prescribing or giving medicine. They include wrong dosages, not checking for drug interactions, or giving medicine the wrong way. These errors can cause bad reactions, worsen conditions, or create new health issues that need more medical help.
  • Failure to follow up on test results or to provide appropriate aftercare.
    Healthcare providers must follow up on test results and give proper aftercare. They are responsible for ensuring patients get timely follow-up care, like checking and acting on test results quickly. Not doing this can delay treatment, making conditions worse and possibly harming patients.
  • Negligence during labor and delivery that results in Birth injuries
    Birth injuries due to negligence during labor and delivery are severe cases of medical malpractice. They can include brain damage from lack of oxygen, physical trauma from delivery tools, or not doing cesarean sections when needed. These injuries can affect the baby and parents for life, needing continuous medical care and support.
  • Anesthesia errors that lead to complications or harm during surgery
    Anesthesia errors during surgery are severe medical malpractice. Mistakes in giving anesthesia, like wrong doses or not monitoring vital signs properly, can cause problems such as breathing issues, heart problems, or brain damage. Quick action is needed to reduce harm and stop more issues.
  • Emergency room negligence due to inadequate standard of care.
    Medical malpractice can happen in the emergency room when care standards are low, or patient safety is not a priority. People with urgent conditions need quick and right care to stabilize and avoid more harm. Neglect in the ER can lead to treatment delays, wrong diagnoses, or sending patients home before they are ready, all of which result in risking the lives of the patient.
  • Delayed diagnosis, which potentially worsens a patient’s condition.
    A delayed diagnosis is a common medical mistake that can heavily affect patients. This delay can cause extra pain, make the outlook worse, or even lead to death in serious cases.
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Medical malpractice is a serious issue, and by seeking legal assistance from trusted medical malpractice lawyers, the victims of medical malpractice can pursue justice and compensation for the harm they have endured

Do not hesitate to reach out. Our legal team at HoeyLegal is here to help you or anyone you know who needs a medical malpractice lawyer.


What is medical malpractice, and how does it differ from a medical mistake?

Medical malpractice occurs when a healthcare provider’s actions or negligence deviate from the accepted standard of care, harming the patient. It differs from a simple medical mistake in that it involves a breach of duty by the provider.

How do I know if I have a valid medical malpractice case in Chester County, PA?

If you believe you have been a medical malpractice victim, consult a qualified medical malpractice lawyer in Chester County. They can evaluate your case, review the facts and evidence, and advise you on the strength of your claim.

Do I need an expert witness to support my medical malpractice claim?

Expert testimony is often necessary to establish the standard of care, demonstrate the defendant’s deviation from that standard, and prove causation. A qualified medical expert can provide invaluable insight and credibility to your case.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.


The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.


At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.


Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.


Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer


Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.


Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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