Medical Malpractice Attorney

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We trust medical professionals to make the right choices for our medical care. But when errors occur in diagnosing, treating, or monitoring a patient, the results can be catastrophic and even fatal. The medical malpractice lawyers of Munley Law understand how devastating a negligent medical error can be and the long-term implications it can have on your family.

For 65 years, the personal injury lawyers of Munley Law have represented injured victims of negligent medical practices. Our firm has won numerous multi-million dollar settlements for our clients injured by medical malpractice, including a verdict of $10 million awarded to a Houston patient who required multiple amputations due to being improperly monitored following a heart surgery. With our attorneys consistently recognized by industry leaders such as Super Lawyers, Lawdragon, and Best Lawyers in America, you can expect us to deliver personalized, expert representation for your case. We can handle negotiations with insurance companies or take your case to court with a medical malpractice lawsuit.

Contact the medical malpractice attorneys of Munley Law today for a no-obligation, free consultation.

What Is Medical Malpractice?

The National Library of Medicine defines medical malpractice as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.”

Medical malpractice laws make it possible for victims of substandard medical care to recover compensation for their suffering. However, not all medical errors will fall under a medical malpractice claim. It must be proven that the medical error resulted from negligence and that another physician in a similar situation would not have given the same care.
This is why personal injury lawyers specializing in medical negligence often consult medical experts to determine whether a provider breached the standard of care or caused the injury through a medical mistake.

Examples of Negligence in the Medical Field

In 2024, according to the U.S. Department of Health’s National Practitioner Data Bank, 40,377 adverse action reports were launched against healthcare providers in the United States. Between January 1 and June 30, 2025, the NPDB received 18,873 such reports, with Pennsylvania contributing 324 reports to this total. While dozens of errors can occur in a healthcare facility, the following are some of the most common ones in medical malpractice claims.

Misdiagnosis

Doctors frequently commit medical negligence through misdiagnosis, especially in cancer cases.

A misdiagnosis occurs when a physician fails to diagnose the patient’s condition. This can prove detrimental to the injured party as the extended time without the proper diagnosis delays treatment and potentially worsens the condition.

For example, a cancer misdiagnosis delays life-saving treatments like surgery, chemo, or radiation. This can shorten the patient’s lifespan and significantly decrease the likelihood of successful treatment. A 2023 study published in JAMA suggests that misdiagnoses may harm as many as 795,000 people each year in the United States alone, leading to disabilities, fatalities, and other avoidable tragedies.

Birth Injuries

Birth injuries are a complex sector of medical negligence because the negligent act can occur at any time during pregnancy, labor, delivery, and shortly after birth. Birth injuries not only have catastrophic physical implications for the child, but they also can lead to physical harm and mental anguish to the mother.

According to Medscape, birth injuries affect between 6 and 8 out of every 1,000 births in the US. Common types of birth injuries include:

• Cerebral palsy
• Nerve damage
• Bone fractures
• Brain damage
• Asphyxiation
• Spinal cord damage

Some birth injuries are unavoidable, mainly when assistive devices like forceps are used. However, those injuries usually resolve. But when an error causes a child’s life-long disability, there must be legal recourse.

While the parents or guardians of the newborn can seek legal action against the health care professional, should they wait until the child is no longer a minor, the statute of limitations does not begin until the child’s 18th birthday.

Surgical Errors

Surgery is a scary thing, even if it’s a straightforward procedure. Many of us even suffer from anxiety around surgery because of the many moving parts. And when your worst fears come true and a surgical error occurs, you can feel completely helpless.

Surgical errors can occur at any point in the medical procedure. This includes giving the wrong medication before or after the operation, anesthesia errors, or something going wrong on the operating table.

Other forms of surgical error include:

• Left behind foreign bodies
• Mislabeled specimens
• Wrong-site procedure
• Wrong surgical procedure
• Wrong patient
• Post-op complications

Injured patients who suffered a surgical mistake must immediately call Munley Law to pursue compensation. Our attorneys will assess your case, comprehensively evaluate your economic damages and your pain and suffering, and represent you in court to help achieve a fair settlement for your injuries.

Medication Errors

Medications can be life-saving. But they can also be life-ending if not prescribed correctly. Medical malpractice victims who have suffered from medication errors have options for financial recovery. Data from the Academy of Managed Care Pharmacy (AMCP) suggests that medication errors harm more than 1.5 million people per year, costing over $3.5 billion in extra medical costs for treating drug-related injuries annually.

Common examples of medication errors include:

• Prescribing errors
• Dosage errors
• Wrong treatment
• Allergy
• Drug interactions
• Failure to warn of side effects

Medication errors can be complicated because it is not always the fault of the prescribing physician or the pharmacist when something goes wrong. Instead, if a drug is released without proper warnings, patients may suffer serious side effects. In this situation, the drug company or manufacturer can be responsible in a product liability lawsuit.

However, doctors also have a duty to patients to take proper medical histories, educate patients on the risks of the drug, and review currently prescribed medications to limit the chances of drug interactions.

When any of these actions do not occur, patients suffer. As a result, patients are entitled to seek fair compensation for their suffering.

Anesthesia Errors

Many factors go into administering anesthesia for medical procedures. Some patients have sensitivities to anesthesia, which means those administering it must be cautious. But other elements come into proper care that, when missed, can be fatal.

Anesthesia errors may occur during the post-op phase or the actual procedure and include:

• The wrong dosage of anesthesia is administered
• Anesthesia is administered incorrectly
• The patient was not monitored properly
• The patient was left unattended while coming out of anesthesia and became ill
• The patient’s medical history was not checked, and there was a reaction as a result
• Vital signs are not monitored
• Surgeon instructions are not filed
• The patient is not given proper instructions before the surgery, resulting in complications with anesthesia.
• Allergic reactions or other complications were not recognized in a timely manner

Anesthesia errors are particularly fearsome because the patients have no idea they are happening to them. This is why we hold the responsible parties accountable for patients who are harmed at their most vulnerable.

How Can I Prove Medical Negligence?

To have a medical malpractice case, you must establish that the provider was negligent in their conduct and did not follow the medical standard established in the field. To prove medical negligence, you must illustrate the following:

• There was a doctor-patient relationship, and the doctor owed you a duty of care. For example, you established care with a surgeon for a procedure.
• There was a breach of duty. The surgeon operated but left behind a surgical instrument in the body before closing up.
• The breach resulted in injuries to the patient. The foreign object caused the patient to get an infection.
• The injuries caused the patient to suffer actual damages. The prolonged infection resulted in extended hospitalization.

While this may seem straightforward, the reality is that proving medical negligence is incredibly complex. Working with an experienced medical malpractice lawyer will increase your chances of a successful case.

Our lawyers can gather evidence of the faulty medical procedure, medication, or diagnosis, consult with expert testimony, and secure compensation for the negligent actions that resulted in your injury or disability. With over 65 years of experience in representing medical malpractice cases, our attorneys have the skill and expertise needed to represent you effectively. Our legal work and ongoing dedication have earned us some of the law industry’s most revered accolades. All of our partners hold AV Preeminent Ratings from Martindale-Hubbell, with Daniel Munley winning the 2025 Platinum Client Champion Award, and Caroline Munley receiving the 2025 Silver Client Champion Award.

All five partners have been named on the Lawdragon 500 Leading Plaintiff Consumer Lawyers list, with Marion Munley honored as one of the Lawdragon 500 Leading Lawyers in America. No less than seven of our lawyers have also been named to Super Lawyers, with Marion Munley listed as a Top 10 Super Lawyer in Pennsylvania for the past three years, as well as in the Top 100 Super Lawyers in Pennsylvania and Top 50 Women Pennsylvania Super Lawyers.

Our many awards highlight the quality representation we can provide for you in your medical malpractice case.

If you would like to take legal action against a medical practitioner, call Munley Law.

What Types of Compensation Can I Claim in Medical Malpractice Cases?

Victims of medical negligence by a physician or medical facility may be entitled to compensation for their losses. Compensation in these cases is broken down into economic and non-economic damages.

Economic damages include:

• Medical bills, including future medical expenses
• Medication, assistive devices, and rehabilitation
• Lost wages, including diminished earning capacity

Non-economic damages include:

• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Loss of companionship
• Loss of consortium
• Diminished quality of life
• Disability
• Disfigurement

In cases where the defendant is meant to be punished for their conduct, punitive damages may be awarded to stop them from doing something like this again.

Caps on medical malpractice damages differ widely across states. Many states limit the amount a patient can recover for non-economic damages, such as pain and suffering. Economic damages, like medical bills and lost wages, are generally not capped. Caps on non-economic damages can range from a few hundred thousand dollars to over a million, depending on the state. Some states have no caps, while others adjust their caps for inflation or set them based on the type of claim or number of defendants. In some states, caps have been challenged or overturned as unconstitutional, adding more complexity. Understanding these caps is crucial for anyone filing a medical malpractice claim. Consulting with a legal expert can help navigate the specific rules in your state.

A medical malpractice lawyer can calculate the value of your malpractice claim to ensure you get the most compensation.

Frequently Asked Questions

How Long Do You Have to Sue for Medical Malpractice?

In most states, the statute of limitations for medical malpractice lawsuits is two years from when the malpractice was discovered or reasonably should have been discovered. However, the exact rules vary by state. In Pennsylvania, the statute of limitations is also subject to the discovery rule, so the two-year time period begins from the first day you discovered that you had been injured by medical malpractice. Exceptions exist, such as cases involving minors, where the clock typically doesn’t start until the child turns 18, and wrongful death claims, which are generally limited to two years from the date of death. Because medical malpractice laws are complex and vary depending on the circumstances, it’s important to consult a qualified attorney as soon as possible to protect your rights and ensure you don’t miss critical deadlines.

Is There a Difference Between a Medical Error and Medical Negligence?

Though we often interchange the terms medical error and medical negligence, they are two separate things in the legal context. A medical error is usually a failure in medical treatment that may or may not cause patient harm. Medical errors typically do not result from a medical professional not following the standard of care, but may be an unforeseen complication. Medical negligence, on the other hand, is a direct result of a medical professional falling outside the standard of care, resulting in harm or wrongful death of a patient.

Who Can Be Held Responsible for Medical Negligence?

Medical negligence claims can be brought against many parties, including:

• Doctors and nurses
• Physician assistants
• Dentists
• Hospitals and urgent care centers
• Nursing homes
• Pharmacists who dispense the wrong medication or dosage
• Pharmaceutical companies that fail to warn about dangerous side effects
• Surgeons or anesthesiologists who make errors in the operating room

Because liability can fall on multiple individuals or entities, it is crucial to contact an experienced medical malpractice lawyer promptly to identify who is responsible and protect your right to compensation.

My Doctor Admitted They Made a Mistake. Do I Have a Case?

The short answer is that just because a doctor admits they made a mistake in your care doesn’t necessarily mean you have a case. To have a medical malpractice case, you need to prove that the doctor did not follow the standard of care that another doctor in a similar situation would have. However, if your doctor did admit to making an error in your care, a medical malpractice lawyer can review your claim and medical records to determine if there is legal cause.

How Can a Medical Malpractice Attorney Help with My Case?

A medical malpractice attorney levels the playing field against doctors, hospitals, nursing homes, and their powerful legal teams by thoroughly investigating your claim, collecting evidence, working with medical experts to prove liability, and protecting you from insurance companies that try to minimize payouts. At Munley Law, we have over 65 years of experience standing up to major healthcare providers and insurers, securing maximum compensation for our clients. While most cases settle outside of court, our attorneys are fully prepared to represent you at trial if necessary, ensuring negligent medical professionals are held accountable.

With partner Marion Munley named a Senior Fellow and Caroline Munley named a Fellow at the Litigation Counsel of America, Marion Munley and Daniel Munley holding three board certifications, including Truck Accident Law, Civil Trial Law, and Civil Trial Advocacy with the National Board of Trial Advocacy, and all of our attorneys honored by Best Lawyers and serving the American Association of Justice, we have considerable expertise to put to work in your favor.

When you put your trust in a healthcare professional, you should feel at ease that your care is being handled professionally. But when the standard of care falls, you need someone to be your advocate.

If you or a loved one were a victim of medical malpractice and suffered serious injury or death, call Munley Law. Our lawyers will walk you through the legal process so you can focus on recovery. Contact us today for a no-obligation, free consultation.