Medical Malpractice claims in Pennsylvania
Medical negligence cases involve preventable harm: a missed or delayed diagnosis, a surgical error, a medication mistake, or a failure to act on clear warning signs.
A bad outcome is not automatically negligence. These cases require the complete medical chart to be reviewed by qualified medical experts before anyone can say whether the standard of care was met.
The initial review costs nothing, and the firm charges no fee unless it recovers compensation.
Free case review — tell us what happened and we'll take it from there.Why families bring these cases to Munley Law
Munley Law has represented injured people and their families from its Scranton base since 1959. The attorneys listed below handle this type of case, and the results shown are published matters the firm has reported.
Caroline MunleyManaging Partner
John M. MulcaheyAttorney
Melinda C. GhilardiAttorney
Edward A. MonskyAttorney$5 Million
Settlement
Settlement for medical malpractice case.
$4.35 Million
Settlement
Medical malpractice settlement.
$3.5 Million
Settlement
Settlement for medical malpractice case.
$3.2 Million
Settlement
Settlement for medical malpractice case.
Past results do not guarantee future outcomes.
“She and everyone I came into contact with in her firm handled my case with the utmost professionalism, as well as true empathy for my situation, while not missing a detail about the facts of the case… She is a great person and an awesome attorney! She will fight for you!”
Types of malpractice
Diagnostic errors
Missed, delayed or wrong diagnoses, including failure to order indicated testing.
Surgical errors
Wrong-site surgery, retained instruments, avoidable perforations and post-operative failures.
Medication errors
Wrong drug, wrong dose, known interactions or failure to monitor.
Birth injuries
Failure to monitor fetal distress, delayed delivery and improper use of instruments.
Emergency department failures
Premature discharge and failure to act on abnormal results.
Anesthesia complications
Dosing, airway management and monitoring failures.
How negligence is evaluated
Four elements are examined: the duty owed to the patient, whether the care fell below the accepted standard, whether that failure caused the harm, and what damages resulted.
Causation is often the hardest element, because a patient was already ill. Expert testimony is used to separate the underlying condition from the avoidable harm.
Injuries frequently seen in these cases
- Permanent neurological injury and brain damage
- Organ damage and the need for additional surgery
- Sepsis and hospital-acquired infection
- Advanced disease from a delayed diagnosis
- Death
Who may be responsible
Responsibility depends entirely on the facts, and no one can determine it from a web page. These are the parties whose conduct is typically examined.
The treating physician
Whether care fell below the accepted standard in the circumstances.
The hospital or health system
Staffing, credentialing, policies and nursing care.
Nurses and other clinicians
Monitoring, escalation and documentation duties.
A practice group or employer
Vicarious responsibility for the clinicians it employs.
Records that matter
- Complete hospital chart, including nursing and medication administration records
- Imaging studies and the radiologist's reports, not only the summaries
- Pathology and laboratory results with their timestamps
- Operative reports, anesthesia records and consent documents
- Policies and protocols in force at the facility
Damages that may be recoverable
What a claim may include depends on the injuries, the available insurance and the evidence. Nothing here is a prediction of value.
- Medical treatment already received, from the emergency room through rehabilitation
- Future medical care and therapy a physician expects will be needed
- Wages lost while unable to work, and reduced earning capacity in longer-term cases
- Property damage, out-of-pocket costs and travel to treatment
- Pain, suffering and loss of life's pleasures where the law allows it
Filing deadlines in medical negligence cases
Pennsylvania generally allows two years from when the injury was discovered or reasonably should have been discovered, with an outside limit under the statute of repose and separate rules for minors.
Deadlines depend on the facts and on where the care was provided, so confirm yours with an attorney rather than relying on a general rule.
See the factors that may affect a claim like this — educational, not a valuation.Steps that protect a claim
- Request the complete medical record, including nursing notes and imaging
- Write down dates, names and what you were told, while it is fresh
- Continue treatment with the providers you trust
- Keep bills, discharge instructions and pharmacy records together
- Ask a lawyer to arrange an independent medical review before deadlines approach
Frequently asked questions
Is a bad result the same as malpractice?
No. Medicine carries risk, and a poor outcome can occur despite appropriate care. A claim requires showing that the care fell below the accepted standard and caused harm.
What is a certificate of merit?
Pennsylvania requires a licensed professional's written statement supporting the claim, filed early in the case. It is one reason these cases need expert review before filing.
How long do I have to file?
Generally two years from when the injury was or should reasonably have been discovered, with an outside limit of seven years under Pennsylvania's statute of repose, and different rules for minors.
Will I have to go to court?
Many claims resolve without trial, but medical negligence cases are prepared as if they will be tried, because that preparation shapes the outcome.
How much do these cases cost to bring?
Expert review and litigation costs are significant, which is why they are typically advanced by the firm and handled on a contingency basis.
Question not answered here? Ask Robert — Munley's virtual intake assistant answers common medical malpractice questions 24/7.
Related guides, tools and pages
Related guides
Related practice areas
Attorneys who handle these cases
Where we serve
Munley Law represents clients across Pennsylvania. See the areas we serve for local courts, hospitals and roads, or browse the free tools.
This page is general information about this type of case. It is not legal advice, and reading it does not create an attorney-client relationship. Last reviewed 2026-09-01.
Find out where you stand — in 60 seconds.
Free, confidential, and no obligation. Tell us what happened and our intake team responds fast.