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PA Medical Malpractice Lawyer: Justice for Injured Patients

If you or a loved one suffered due to medical negligence, surgical errors, misdiagnosis, or other healthcare mistakes in Pennsylvania, our dedicated PA medical malpractice lawyers are here to fight for you. We serve clients across PA, including Philadelphia and Pittsburgh.

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On This Page: Pennsylvania Medical Malpractice Guide

What Is Medical Malpractice in Pennsylvania?

Medical malpractice occurs when a healthcare provider—such as a doctor, surgeon, nurse, or hospital in Pennsylvania—deviates from the recognized "standard of care" in the treatment of a patient. The "standard of care" is defined as what a reasonably prudent medical provider in a similar specialty and geographic area (e.g., Philadelphia, Pittsburgh) would or would not have done under the same or similar 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 specialized knowledge of both intricate medical procedures and specific Pennsylvania medical malpractice law. Our PA medical malpractice lawyers possess this crucial expertise.

To successfully pursue a medical malpractice claim and obtain compensation in Pennsylvania, your attorney must establish four key elements:

  • Duty of Care: The healthcare provider (e.g., a doctor at a Philadelphia hospital or a specialist in Pittsburgh) 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 in Pennsylvania.
  • Causation: This breach of care by the Pennsylvania medical professional 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 experienced PA medical malpractice lawyers deeply understand the complex interplay of medicine and Pennsylvania law in these challenging cases. We collaborate with a network of distinguished medical experts across Philadelphia, Pittsburgh, and statewide to build compelling claims that clearly demonstrate negligence by doctors, hospitals, or other healthcare providers, and vigorously fight for the maximum compensation our clients in Pennsylvania deserve.

Pennsylvania Medical Malpractice Statistics & Facts

$56.2 M+

Total medical malpractice payouts in Pennsylvania in a recent year (Source: NPDB)

1,300+

Medical malpractice lawsuits typically filed annually in Pennsylvania

Top 5

Pennsylvania is often among the top 5 states for medical malpractice payouts per capita.

Leading Cause

Diagnostic errors are a leading cause of malpractice claims in PA.

Common Types of PA Medical Malpractice Claims We Handle

Misdiagnosis or Delayed Diagnosis Claims in PA

A frequent basis for PA medical malpractice claims, this occurs when a doctor in Pennsylvania 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. Our lawyers handle complex misdiagnosis cases across PA, from Philadelphia to Erie.

Pennsylvania Surgical Error Lawyers

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 in Pennsylvania hospitals (e.g., in Philadelphia, Pittsburgh, or Allentown medical centers), can have devastating consequences. We hold negligent surgeons and hospitals accountable.

Medication Error Attorneys in PA

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. Our PA medication error attorneys investigate these complex cases against negligent doctors, pharmacists, and hospitals across Pennsylvania.

PA Birth Injury Malpractice Lawyers

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

Anesthesia Malpractice Claims in Pennsylvania

Errors by anesthesiologists or CRNAs in Pennsylvania, 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 malpractice claims throughout PA, including major hospital centers in Philadelphia and Pittsburgh.

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 the Pennsylvania courts. 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 PA medical malpractice lawyers to ensure your rights are protected.

Venue: Where to File Your PA Medical Malpractice Lawsuit

Under Pennsylvania venue rules for medical malpractice, cases must generally be filed in the county where the alleged malpractice occurred. This means if you received negligent treatment at a hospital in Philadelphia, your case would typically be filed in Philadelphia County. Our attorneys are experienced in navigating venue requirements across all Pennsylvania counties, including Luzerne, Lackawanna, and Dauphin counties.

Compensation for PA 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 PA Medical Malpractice Lawyers

Specialized Experience

Decades of focused experience in Pennsylvania 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.

Proven Track Record

A demonstrated history of successful medical malpractice verdicts and settlements for Pennsylvania clients.

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.

Our Pennsylvania Medical Malpractice Case Results

$4.1M

Surgical Error

Failure to diagnose complications during post-operative care

$2.8M

Birth Injury

Negligent monitoring during labor resulting in cerebral palsy

$1.62M

Misdiagnosis

Delayed cancer diagnosis leading to advanced-stage treatment

Past results do not guarantee future outcomes. Each case is unique.

The PA 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 Pennsylvania county court, 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 in Pennsylvania?

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

FAQs: Pennsylvania Medical Malpractice Claims