When the very professionals you’ve trusted with your health fail you, the person you need most in your corner is a Carbondale medical malpractice lawyer. Patients trust doctors, nurses, and hospitals to provide safe, competent care. When that trust is broken, the consequences can be disastrous and even lethal. Hiring expert legal counsel can help hold those professionals accountable and start the process of recovering the compensation that will help you face the physical and financial pressure that may lie ahead.
Medical errors are now considered one of the leading causes of death in the United States. Under Pennsylvania law, doctors and other medical professionals have a legal duty to provide care that meets established standards. When they fail to do so—whether through a mistake, a delayed diagnosis, or a failure to act—and that failure causes harm, it may be considered medical malpractice.
Munley Law’s Carbondale lawyers have the resources and thorough understanding of the processes needed to hold responsible parties accountable, so we can secure the compensation you need to start rebuilding your life. We have recovered millions for our clients in the nearly 70 years of representing residents of Lackawanna County and throughout Pennsylvania.
Discover how we can assist you by scheduling a free consultation today.
Call Us At 844-686-5397 What Qualifies as Medical Malpractice in Pennsylvania?
According to a Johns Hopkins University study, medical errors are now the third-leading cause of death in the United States. This means that more than 250,000 people die every year in the U.S. as a result of an error by a doctor, nurse, or another medical professional.
Not every poor medical outcome is considered malpractice. Even when a treatment does not work, or a condition worsens, a doctor is not automatically at fault. To bring a successful claim, there must be clear evidence that a healthcare provider failed to meet the accepted standard of care.
In Pennsylvania, medical malpractice occurs when a doctor, nurse, hospital, or other provider acts in a way that a reasonably skilled professional would not have under the same circumstances. This can involve:
- Mistakes during treatment
- Delays in diagnosis
- Failure to act when care was clearly needed
It is also important to show that this failure directly caused harm. If a patient was not injured, or if the outcome would have been the same even with proper care, there may not be a valid claim. Because of this, medical malpractice cases often require detailed records and input from qualified medical experts.
What Are the Common Types of Medical Malpractice?
There are many different types of medical malpractice. Some result from negligent actions by medical professionals. Other types occur when a medical professional fails to take necessary action.
Typical forms of medical negligence may include:
- Misdiagnosis
- Failure to diagnose
- Failure to treat correctly or timeously
- Prescribing medications that patients are allergic to, those that should not be taken together, or medications that don’t assist with the patient’s recovery, or even hinder it.
- Birth injuries: injuries that occur during pregnancy, labor, and delivery.
- Surgical errors: negligence that occurs during or after surgery.
- Improper anesthesia: generally, giving an incorrect amount or failing to properly monitor the patient under anesthesia.
- Premature discharge from the hospital: allowing a patient to leave the hospital before they are medically ready to leave.
How Do You Know If You Have a Medical Malpractice Case?
Many people are unsure whether what happened to them qualifies as malpractice. A simple way to think about it is to ask a few key questions.
You may have a case if:
- A medical professional made a mistake or failed to act
- That mistake caused a new injury or made your condition worse
- You suffered physical, financial, or emotional harm as a result
If you are unsure, you are not alone. These cases are rarely clear at first glance. A medical malpractice lawyer can review your records, consult with experts, and help determine whether you have a claim worth pursuing.
What Types of Compensation Are Available for Medical Malpractice Claims in Carbondale?
If you have been injured as a result of medical malpractice, you may be entitled to receive compensation. There are several categories of compensation that may apply in Pennsylvania, including:
- Past, Present, and Future Medical Expenses: This may include bills for hospital stays, doctor visits, medications, surgeries, or any other costs incurred in the treatment of an injury caused by medical malpractice.
- Rehabilitation and Physical Therapy: If your injuries require long-term medical care such as physical therapy and rehabilitation services, you may be able to receive compensation for these services.
- Lost Wages and Lost Earning Capacity: If your injuries stop you from working, either temporarily or permanently, or if you can’t work in the same capacity that you worked as you did before the injury, you may be able to receive compensation to cover your lost wages as well as any future income that you will lose because of the injuries you sustained.
- Mental Anguish and Emotional Distress: Medical malpractice can result in mental anguish and emotional distress. You may be able to receive compensation to cover costs associated with emotional distress, such as depression, stress, and even loss of sleep.
- Loss of Enjoyment of Daily Activities: Similar to emotional distress, a medical malpractice injury may cause you to lose enjoyment in your usual daily activities. If this is the case, you may be able to receive compensation for this loss.
- Loss of Consortium / Loss of Companionship. This refers to being deprived of the benefits of a family relationship after a personal injury or wrongful death.
- Wrongful Death Damages: If your family member died as a result of medical malpractice, you may be able to sue the responsible medical professionals to get justice for your loved one. While no amount of money can undo the damage done, compensation paid by the responsible parties works to hold them accountable and ensures you and your family are secure financially. This compensation can allow you to grieve without worrying about providing for your family. You may be entitled to receive some or all of the following compensation:
- Reimbursement for funeral expenses
- Payment for your loved one’s medical expenses
- Payment for past and future lost wages
- Compensation for emotional anguish and mental pain and suffering
How Does a Lawyer Prove Medical Malpractice in Carbondale?
Medical malpractice lawsuits can be very complex. They can involve medical expert witnesses and legal terms such as “standard of care” and causation. In order to prove your medical malpractice case, your lawyer must show:
A professional duty of care was owed to the patient. Your lawyer will need to show that the medical professional had a responsibility to act in a way that would not cause harm to you as their patient.
There was a breach of the professional duty of care. Your lawyer will need to show that the healthcare provider ignored that duty and acted in a negligent manner, or failed to act in some way.
The breach of the professional duty of care caused your injury. Your lawyer must show that the negligent action or inaction caused your injury. Even if a medical professional acted negligently, if there was no injury to the patient, there is no medical malpractice claim.
The injury resulted in damages. Your lawyer must show that you suffered some kind of harm as a result of the injury. This will most likely be physical harm that resulted in extensive medical expenses. In some instances, the negligence might result in the patient’s death.
Medical Malpractice Laws in Pennsylvania
Medical malpractice claims in Pennsylvania follow specific legal rules that can affect your case.
Pennsylvania law requires a certificate of merit (Pa.R.C.P. 1042.3) in medical malpractice cases. This means a qualified medical expert meeting the standards set out in 40 P.S. § 1303.512 must confirm that your claim has a valid basis before the case can proceed.
Unlike some states, Pennsylvania does not place a cap on most compensatory damages in medical malpractice cases. This allows injured patients to pursue full compensation for medical costs, lost income, and the impact the injury has had on their lives.
How Can a Lawyer Help with Your Medical Malpractice Claim?
Hospitals, doctors, and other medical professionals have medical malpractice insurance. These medical professionals and their insurance companies have teams of lawyers ready to immediately start building a case against you. And insurance companies often offer the lowest amount of compensation possible in order to try to settle a case quickly. This can make it harder to get compensation.
When you file a medical malpractice claim, your legal team will:
- Negotiate with the insurance companies for maximum compensation
- Determine how much compensation you will need for your present and future medical care
- Work with medical experts who understand how your injuries may progress over time, so that you receive the full compensation you deserve
- File a lawsuit on your behalf if negotiations for your compensation fail
- Take the case to trial if the matter proceeds to court – an experienced attorney with successful trial experience is essential
The personal injury attorneys at Munley Law have the experience to ensure you receive the compensation you deserve. We also have a team of medical experts who can review medical records to ensure evidence is collected and the best possible case is made for you. Our team can work on your behalf to make sure the responsible party is held liable.
Steps to Take After a Medical Error
If you believe you were harmed by a medical mistake, the steps you take next can make a difference in your health and your case.
- Start by seeking medical attention from another qualified provider if needed. Your health should always come first. Then, request copies of your medical records as soon as possible. These records are often key pieces of evidence.
- It is also wise to avoid discussing your situation with insurance representatives before speaking with a lawyer. What you say can affect your claim. An experienced medical malpractice attorney can guide you through the process, protect your rights, and help you make informed decisions from the start.
How Long Does a Medical Malpractice Case Take?
Medical malpractice cases often take time because of the level of detail involved. Each case is different, but most follow a similar timeline.
The process usually begins with an investigation, where medical records are reviewed and experts are consulted. This stage can take several months. If a claim is filed, the case then moves into discovery, where both sides gather evidence and take depositions.
Some cases are resolved through settlement, while others go to trial. Overall, a medical malpractice case can take anywhere from several months to a few years, depending on the facts and whether the case is contested. While this may feel like a long process, it allows your legal team to build the strongest case possible on your behalf.
Frequently Asked Questions About Medical Malpractice in Carbondale, PA
How Common is Medical Malpractice?
According to a study published in the peer-reviewed journal BMJ, medical errors negatively affect one in every 20 patients each year. In fact, approximately 12 percent of these preventable medical errors result in permanent disability or death. According to the Unified Judicial System of Pennsylvania, 1,460 medical malpractice cases were filed in Pennsylvania in 2021.
Who Can Be Responsible for Medical Malpractice in Carbondale?
Under Pennsylvania laws, any licensed healthcare provider can be held accountable for medical negligence. This includes:
- Doctors
- Surgeons
- Nurses
- Anesthesiologists
- Physician’s Assistants
- Hospitals
- Medical Practice Groups
- Mental Health Professionals
- Physical Therapists
How Can a Medication Error be Medical Malpractice?
Medication errors occur in several different circumstances, such as
- prescribing the wrong medicine,
- prescribing a medication that is a known allergen to the patient, or
- prescribing medications that should not be taken together.
How Much is My Medical Malpractice Case Worth?
No one can tell you exactly how much your claim is worth without first interviewing you, gathering evidence, reviewing medical records, speaking with medical experts, and considering future medical costs.
There is no “average settlement.” But there are common factors that will be considered in determining how much your claim is worth. Some of the factors that affect the settlement value include:
- the severity of the injuries you suffered
- cost of current and future medical treatment
- time you missed at work, and any future lost earning capacity
- non-economic damages, such as emotional distress
How Long Do I Have to File A Medical Malpractice Lawsuit?
Medical malpractice claims in Pennsylvania are governed by the MCARE Act (40 P.S. § 1303.513). In most cases, you have two years to file — either from the date the malpractice occurred, or from the date you discovered (or reasonably should have discovered) that your injury was caused by malpractice.
For example, if you had surgery and six months later learned that a medical instrument was left inside your body, your case would generally need to be filed within two years of the date you learned about it.
There’s an important limit to this discovery rule, though: Pennsylvania also imposes a seven-year statute of repose, meaning a medical malpractice claim generally cannot be filed more than seven years after the malpractice occurred, regardless of when you discovered the injury. Retained foreign objects — like the surgical instrument in the example above — are one of the few exceptions to this seven-year limit.
If the injured patient was under 18 at the time of the malpractice, the deadline is extended to seven years or the child’s 20th birthday, whichever is later.
Because these deadlines can be complicated to apply to your specific situation, it’s important to speak with a Carbondale medical malpractice lawyer as soon as possible.
Should I Accept a Settlement From the Insurance Company?
Never accept a settlement offer from an insurance company before consulting with an experienced lawyer. Unfortunately, the settlement offered by an insurance company is usually a fraction of what you would receive with the help of a lawyer.
And, in most cases, if you accept an offer of settlement, you waive your right to seek additional compensation, even if the settlement proves to be insufficient. For this reason, it is important that you consult a lawyer first. Don’t let the insurance company pressure you into accepting an offer before you’re ready.
How Do I Know If I Need a Medical Malpractice Lawyer?
If you were harmed as the result of a medical error, you may be able to bring a lawsuit against the negligent medical provider to obtain maximum compensation for your injury. Unfortunately, you will likely face legal hurdles without a lawyer on your side. Many victims of medical malpractice never get the total compensation they are entitled to when handling the claim on their own.
The legal process can be confusing, and insurance companies profit by settling for as little as possible. As an injured patient, you may be concerned about paying your current medical bills, especially if you’re missing a lot of time from work. A quick settlement from the insurance company would solve that problem instantly. But that’s usually not a good idea. Don’t forget about future expenses that you may not anticipate. Will that settlement cover those or your lost earning potential or long-term physical therapy?
At Munley Law, an experienced and knowledgeable medical malpractice attorney will be able to estimate the compensation you may be entitled to receive for both present and future medical bills, lost wages, pain and suffering, and other damages.
How Does the Legal Process Work for Cases Under Pennsylvania Law?
The legal process for medical malpractice cases under Pennsylvania law follows the same process as other personal injury cases in Pennsylvania. It typically starts with negotiations with the insurance company to recover compensation for medical expenses, future medical expenses, lost wages, and more. If a settlement cannot be reached, then your attorney will file a medical malpractice lawsuit on your behalf. An experienced Carbondale medical malpractice lawyer can help you navigate this legal process, gather evidence, negotiate, and represent you in court.
How Much Does a Medical Malpractice Lawyer Cost?
At Munley Law, we understand that medical malpractice injuries cause physical injuries and financial hardship. While you or your loved one is recovering from traumatic injuries, you may be incurring expensive medical bills and be unable to work. The last thing you need when trying to get well is financial stress.
That’s why Munley Law works on a contingency fee basis. This means you pay nothing upfront. We will pay all of the costs of your case upfront out of our own pocket. Our fee will be a percentage of the compensation we recover for you, either in a settlement or verdict in court. And we won’t be paid a penny if we don’t win for you.
What Makes Munley Law Different from Other Medical Malpractice Attorneys in Carbondale?
At Munley Law, our partners each have decades of experience in medical malpractice and other areas of personal injury law – including experience trying cases in front of a jury. While many injury lawyers have never been to trial, we have brought numerous cases to verdict and are always prepared to take your case to trial if the negligent medical provider won’t agree to a settlement that provides you with the compensation you deserve.
We have won dozens of multimillion-dollar results for our clients. Plus, we invest the resources necessary to build a winning case for you. That means we work with world-class experts, medical professionals, technologists, and more. We invest in you.
Call Munley Law’s Carbondale Medical Malpractice Attorneys Today
Since 1959, the medical malpractice attorneys of Munley Law have represented medical malpractice victims throughout Pennsylvania. Our experienced medical malpractice lawyers understand the complex medical malpractice laws that apply in Carbondale and throughout Pennsylvania. We have represented clients who have sustained injuries from doctors, surgeons, nurses, hospital and nursing home staff, and other medical professionals.
Our medical malpractice lawyers are national leaders in the industry and have consistently been named among the Best Lawyers in America. We have earned the top client and peer ratings from Martindale-Hubbell, one of the nation’s oldest and most respected legal organizations. Our partners are board certified by the National Board of Trial Advocacy and have been recognized by Thomson Reuters as Pennsylvania Super Lawyers.
If you or a loved one has suffered injuries as a result of medical malpractice, contact us today. We will answer your questions free of charge and help you determine what to do next. Fill out our contact form, start a chat, or give us a call to discuss your medical malpractice claim.
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.
