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Wilkes-Barre Medical Malpractice Lawyers

Serving Wilkes-Barre, Scranton, Hazleton and all of Luzerne & Lackawanna Counties, plus Harrisburg. If a doctor, nurse or hospital's mistake caused a serious injury, we review your case at no cost. Free consultation — no fee unless we win.

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Read by Joseph J. Mashinski, Esq., Pennsylvania attorney since 2005 (PA ID 201414). We respond within one hour.

Medical Malpractice Lawyers Serving Wilkes-Barre, Scranton & Northeastern Pennsylvania

If a doctor, surgeon, nurse or hospital in Wilkes-Barre, Scranton, Harrisburg or anywhere in Luzerne County and the surrounding region fell below the accepted "standard of care" and hurt you, that is medical malpractice. The standard of care is what a reasonably prudent provider in the same specialty and a similar community would or would not have done under the same circumstances.

In Pennsylvania, medical malpractice claims require proving that a healthcare provider's negligence—a breach of the accepted standard of care—caused injury or harm to a patient. These cases are notoriously complex, demanding in-depth knowledge of both medical procedures and the state's malpractice rules. Our medical malpractice lawyers bring that knowledge to cases against providers across Luzerne, Lackawanna and Dauphin Counties.

To succeed, your attorney must establish four elements:

  • Duty of Care: The healthcare provider (a physician at Wilkes-Barre General or Geisinger Wyoming Valley, for example) owed you a professional duty of care as their patient.
  • Breach of Standard of Care: The provider breached this duty by acting negligently or failing to act according to the accepted medical standard of care.
  • Causation: This breach directly caused your injury, illness, or the worsening of your condition.
  • Damages: You suffered quantifiable harm as a result, such as additional medical bills, lost wages from being unable to work, pain and suffering, disability, or reduced quality of life.

At PA Attorney Source, our medical malpractice lawyers understand the interplay of medicine and Pennsylvania law in these cases. We work with independent medical experts to build claims that show negligence by doctors, hospitals or other providers, and we pursue full compensation for our clients.

Pennsylvania Medical Malpractice Statistics & Facts

1,548

Medical malpractice cases filed in Pennsylvania courts in 2024 (Administrative Office of Pennsylvania Courts)

55 & 58

2024 filings in Luzerne County (Wilkes-Barre) and Lackawanna County (Scranton) — up from 47 and 52 in 2023 (AOPC)

48

2024 filings in Dauphin County (Harrisburg), up from 42 in 2023 (AOPC)

Common Types of Medical Malpractice Claims We Handle

Misdiagnosis or Delayed Diagnosis

This occurs when a doctor fails to correctly identify a condition like cancer, heart attack, or stroke, or diagnoses it too late, causing the patient to miss vital treatment opportunities and suffer preventable harm. We handle misdiagnosis cases arising at hospitals, urgent-care centers and physician practices across Luzerne, Lackawanna and Dauphin Counties.

Surgical Errors

Surgical mistakes, such as wrong-site surgery, operating on the wrong patient, retained surgical instruments (e.g., sponges, clamps), nerve damage, anesthesia errors, or negligent post-operative care at hospitals and surgical centers in the Wilkes-Barre, Scranton and Harrisburg areas, can have devastating consequences. We hold negligent surgeons and hospitals accountable.

Medication Errors

Prescribing incorrect medication, the wrong dosage, failing to check for dangerous drug interactions, or pharmacy errors in administering medication can lead to severe harm or fatality. We investigate these cases against negligent doctors, pharmacists and hospitals.

Birth Injuries

Medical negligence during pregnancy, labor, or delivery can cause catastrophic birth injuries like cerebral palsy, Erb's palsy, brachial plexus injuries, or brain damage due to oxygen deprivation. Our compassionate birth injury lawyers help families secure their child's future care and compensation.

Anesthesia Errors

Errors by anesthesiologists or CRNAs, such as improper dosage, failure to monitor vital signs during surgery, intubation errors, or ignoring patient allergies, can lead to brain damage, paralysis, or death. We investigate anesthesia claims at hospitals and outpatient surgery centers throughout the region.

Pennsylvania law requires doctors to obtain informed consent before most medical procedures. If a healthcare provider fails to adequately explain the material risks, benefits, and viable alternatives of a treatment or procedure, and you suffer harm you weren't properly warned about, it may constitute medical malpractice.

Key Pennsylvania Medical Malpractice Laws

Certificate of Merit Requirement in Pennsylvania

Pennsylvania law (Pa.R.C.P. No. 1042.3) requires that a Certificate of Merit be filed within 60 days of the original filing of a medical malpractice complaint. This certificate must be signed by an appropriate licensed professional who has reviewed the case and has concluded that there exists a reasonable probability that the care, skill, or knowledge exercised by the healthcare provider fell outside acceptable professional standards and was a cause of the harm.

This requirement serves as an important gatekeeping measure to ensure only meritorious medical malpractice claims proceed in court. Our attorneys work closely with qualified medical experts to secure this certificate early in the process.

Pennsylvania Statute of Limitations for Medical Malpractice

In Pennsylvania, you generally have two years from the date you knew or should have known about the injury to file a medical malpractice lawsuit. This is known as the "discovery rule." The clock may not start running until you discover—or reasonably should have discovered—that your injury was caused by medical negligence.

There are important exceptions: for minors, the statute may be tolled until they reach age 18; in cases involving foreign objects left in the body, the statute begins when the object is or should have been discovered. Don't delay—contact our medical malpractice lawyers to ensure your rights are protected.

Venue: Where Your Lawsuit Is Filed

Under Pennsylvania venue rules for medical malpractice, cases must generally be filed in the county where the alleged malpractice occurred. Treatment at Wilkes-Barre General, Geisinger Wyoming Valley in Plains Township or Lehigh Valley Hospital–Hazleton means the case is filed in the Luzerne County Court of Common Pleas in Wilkes-Barre; Geisinger Community Medical Center, Moses Taylor or Regional Hospital of Scranton means Lackawanna County; UPMC Harrisburg or Hershey Medical Center means Dauphin County. We handle cases in all three courts.

Compensation for Medical Malpractice Victims

Economic Damages

Past and future medical expenses, lost wages, reduced earning capacity, rehabilitation costs, home modification expenses, and other quantifiable financial losses resulting from the malpractice.

Non-Economic Damages

Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, disfigurement, and other non-monetary harms. Pennsylvania does not cap non-economic damages in medical malpractice cases.

Punitive Damages

In cases where the healthcare provider's conduct was outrageous, reckless, or willful, punitive damages may be awarded to punish the wrongdoer and deter similar conduct. These are rare but available under Pennsylvania law.

Why Choose Our Wilkes-Barre Medical Malpractice Lawyers

Focused Experience

Focused experience in medical malpractice law, with deep understanding of both medical and legal complexities.

Medical Expert Network

An extensive network of qualified medical experts across multiple specialties who can review your case and provide testimony.

Thorough Investigation

Dedicated resources for comprehensive case investigation, including medical record analysis, expert consultations, and evidence preservation.

No Win, No Fee

You pay nothing unless we recover compensation for you. We handle all upfront costs of building your medical malpractice case.

Compassionate Support

We understand the emotional toll of medical malpractice and provide personalized, supportive guidance throughout the legal process.

The Medical Malpractice Claim Process: Step-by-Step

1

Free Initial Consultation

We review the details of your case at no cost to determine if you have a viable medical malpractice claim under Pennsylvania law.

2

Thorough Medical Record Review

Our team obtains and meticulously reviews all relevant medical records, working with qualified medical experts to identify deviations from the standard of care.

3

Filing the Certificate of Merit

We secure the required Pennsylvania Certificate of Merit from a qualified medical expert, confirming that the healthcare provider's conduct fell below the accepted standard.

4

Filing Your Lawsuit

We file your medical malpractice complaint in the appropriate county court — Luzerne, Lackawanna or Dauphin — clearly outlining the negligence and damages suffered.

5

Discovery Phase

Both sides exchange evidence through interrogatories, depositions, and document requests. We depose the defendant's medical experts and build a compelling case.

6

Aggressive Settlement Negotiation

We negotiate aggressively with the defendant's insurance company and legal team to secure a fair settlement that fully compensates you for your injuries.

7

Trial Representation (If Necessary)

If a fair settlement cannot be reached, our experienced trial attorneys are fully prepared to present your case before a Pennsylvania jury.

8

Securing Your Compensation

Upon a successful verdict or settlement, we ensure the prompt collection and distribution of your compensation, handling all liens and subrogation claims.

Suspect Medical Malpractice?

Don't wait — Pennsylvania's statute of limitations may limit the time you have to take legal action. Contact our Wilkes-Barre medical malpractice lawyers today for a free, confidential consultation.

Medical Malpractice FAQs

Areas We Serve

Our office is in Wilkes-Barre. We represent injured people across the Wyoming Valley and Scranton area, and in Harrisburg and Dauphin County:

Luzerne County

Lackawanna County

Dauphin County

Joseph J. Mashinski, Esq.

Reviewed by
Joseph J. Mashinski, Esq. — Managing Attorney, PA Attorney Source. Pennsylvania attorney since 2005 (PA ID 201414), Penn State Dickinson Law. Joseph reviews every case inquiry that comes to the firm.

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