A Bethlehem medical malpractice lawyer can be the difference between being overwhelmed by a powerful healthcare system and securing the justice you deserve. When a doctor, nurse, or hospital makes a preventable mistake, the consequences can be life-altering. Victims deserve answers, accountability, and fair compensation.
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing injury, illness, or death. These cases often involve misdiagnosis, surgical errors, medication mistakes, or failures to properly treat a condition. Because medical malpractice claims are complex and highly contested, experienced legal guidance is essential.
That’s where Munley Law personal injury attorneys stand apart. With more than 250 years of combined legal experience, nationally recognized trial lawyers, and a proven record of multi-million-dollar malpractice recoveries, our Bethlehem personal injury lawyers know how to build strong cases and win.
Contact Munley Law today for a free consultation and learn how we can protect your rights and pursue compensation for your injuries.
What is Medical Malpractice?
A healthcare provider, such as a doctor or a nurse, who makes a mistake that causes injuries to their patient has committed medical malpractice. Consequently, the victim of the medical error may be able to sue.
Although medical malpractice may arise in many different instances, these are the most common mistakes that lead to lawsuits:
- Misdiagnosis
- Failures to diagnose and delays in diagnosis
- Surgical and medical procedure errors
- Failures to treat
- Faulty medical devices
- Failures to do proper testing
- Medication administration errors
While these are the most frequently occurring medical mistakes, this list is not exhaustive. To discuss the details of your treatment and injuries, contact an award-winning Munley Law Personal Injury Attorneys medical malpractice lawyer today.
Call Us At 844-686-5397 Why Choose Munley Law for Your Medical Malpractice Case?
For almost seven decades, Munley Law has stood up against powerful healthcare systems, insurance companies, and corporations to deliver justice for victims of medical errors. Since our founding by Robert W. Munley in 1959, we’ve pursued justice and fair compensation for thousands of injured patients.
Our results include multi-million-dollar settlements and jury verdicts across Pennsylvania. Just some of our medical malpractice settlements were for $5 million, $4.35 million, and $3.5 million, and our medical malpractice lawyers know local courts, the medical provider liability systems, and how to build compelling cases to secure the compensation our clients need and deserve.
We have also been recognized by prestigious organizations and won numerous awards. Best Lawyers awarded Marion Munley “Lawyer of the Year” for Medical Malpractice Law and Personal Injury Litigation, while Caroline Munley is named to the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania by the National Trial Lawyers Association.
How Do Medical Malpractice Claims Work in Bethlehem, PA?
If your doctor made mistakes in your treatment, then you may be entitled to compensation for your injuries. However, without an experienced lawyer, taking on the healthcare and insurance industries to get the money you deserve is nearly impossible. Significantly, you must prove these four negligence elements in order to win your medical malpractice case in court:
Prove That the Defendant or Healthcare Company Owed You a Duty
In short, a duty is a legal relation, which means that the defendant had a legal obligation to adhere to a certain set of standards and care when treating you. In medical malpractice cases, the law governing healthcare professionals’ duties is surprisingly complicated. This is, in part, because many hospitals employ certain doctors and nurses as independent contractors.
As such, a healthcare worker’s duty usually depends on the specific facts of each case. For example, what your doctor was wearing, whether they told you they worked for the hospital, and where they treated you can all impact who is responsible for your injuries. In order to make sure that you are suing the right people and entities and can meet the first requirement, you’ll need an experienced Bethlehem medical malpractice lawyer.
Prove Breach of Duty
In addition to duty, an injured plaintiff must next prove that the defendant breached his or her duty of care. In essence, a breach just means the defendant failed to fulfill their duty in some way.
To demonstrate a doctor’s breach, medical malpractice victims almost always need to hire expert witnesses who can explain the medical condition, the proper standard of care, what the negligent physician did, and why the medical professional or provider was wrong. Also, plaintiffs must know how to use medical records, charts, scans, test results, and other documents to prove a breach.
Prove Causation
Next, you must prove to the jury that the healthcare professional’s breach of their duty caused your injuries. Without a doubt, this is usually the most difficult requirement. Most of the time, it is impossible to determine the cause of an injury or certain symptoms with certainty. Most injuries can be caused by a number of events or other medical conditions.
In order to prove causation, you will need a medical malpractice attorney with experience handling this tricky requirement. We work with an on-staff doctor and team of medical experts to review thousands of pages of medical records and build your case.
This also enables us to obtain a Certificate of Merit from a medical expert, certifying that your case has merit. The certificate is an all-important requirement under 231 Pa. Code Rule 1042.3, as your case will be dismissed without it.
Prove Medical Malpractice Damages
Finally, you will need to show that you were actually injured. In addition, you will need to show that your injuries are the type that legally entitle you to damages. In medical malpractice cases, the types of available damages can vary. However, economic and non-economic damages are the most common types.
In short, economic damages are the losses that can be easily calculated. For example, lost wages and hospitalization costs are often economic damages considerations in medical malpractice cases.
In contrast, non-economic damages are the kinds of costs that you cannot easily calculate. For example, pain, suffering, and loss of enjoyment can factor into non-economic damage awards.
Each of these steps is complex and fact-specific, and our experienced medical malpractice lawyers in Bethlehem help you build and present a strong case.
What is the Statute of Limitations for Medical Malpractice Cases in Bethlehem, PA?
Under 42 Pa. C.S.A. § 5524(2), you generally have two years from the date the medical malpractice was discovered or reasonably should have been discovered (the rule of discovery) to file a claim. The main exception to the statute of limitations is when a minor is a victim of malpractice, in which case the two-year period is tolled (paused) to begin on their 18th birthday. They then have until their 20th birthday to file a claim. If the victim died as a result of malpractice, the two-year period begins on the date of death, as per 42 Pa.C.S. § 8301 (relating to death action) or 8302 (relating to survival action).
Several years ago, the MCARE Act introduced a statute of repose, which barred medical malpractice victims from filing a claim more than seven years after the incident. However, this statute no longer applies. In 2019, in the case of Yanakos v. UPMC, the Pennsylvania Supreme Court ruled that the statute of repose was unconstitutional.
Frequently Asked Questions About Medical Malpractice in Bethlehem
What Qualifies as Medical Malpractice in Pennsylvania?
Medical malpractice involves substandard care that a competent healthcare professional would not have provided, resulting in harm.
How Long Do I Have to File a Medical Malpractice Lawsuit in Bethlehem?
Pennsylvania generally allows two years from the date of injury or the date on which the injury should reasonably have been discovered to file a claim. If the victim is a minor, the two-year period is paused or tolled until their 18th birthday, which means they need to file a claim before their 20th birthday. That is why it is essential to consult a lawyer right away to preserve your rights.
Is There a Cap on Damages in Pennsylvania Medical Malpractice Cases?
While Pennsylvania has no constitutional cap on compensatory damages, MCARE caps punitive damages at 200% of compensatory damages.
Will My Medical Malpractice Case Go to Trial?
Many medical malpractice cases settle. However, if a fair settlement can’t be reached, our trial-tested lawyers will take your case to court.
How Does a Lawyer Prove Medical Negligence?
Medical experts review records, establish standards of care, and testify to how errors caused harm. This forms a critical part of building a strong claim.
What Type of Compensation Can I Recover?
You may recover economic damages, such as medical costs and lost income, and non-economic damages, such as pain, suffering, and reduced quality of life.
Contact a Bethlehem Medical Malpractice Lawyer at Munley Law
If you believe a healthcare provider’s negligence has caused you harm, taking action sooner rather than later can make a meaningful difference in your case.
Munley Law operates on a contingency fee basis, meaning you don’t pay anything unless we win your case. Call us today for an obligation-free case review if you’ve experienced medical malpractice in Bethlehem, PA.
Marion Munley
Marion Munley is a triple board-certified trial attorney and a two-time Best Lawyers “Lawyer of the Year” for Medical Malpractice Law – Plaintiffs in Northeastern Pennsylvania (2021, 2023). She has recovered millions for victims of surgical errors, misdiagnosis, and wrongful death, including a $4.35 million medical malpractice settlement and a $3.2 million recovery for a woman misdiagnosed with cancer. A Pennsylvania Super Lawyer since 2004 and a member of the International Society of Barristers, Marion has also published on emerging malpractice issues, including the liability risks associated with electronic health records and 3D-printed medical devices.
