Medical Malpractice Frequently Asked Questions

Medical Malpractice Questions and Answers

What is medical malpractice in PA, NY or NJ?

Legal definitions vary slightly from state to state, but as a general rule medical malpractice (also known as medical negligence) means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. Essentially, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act in a reasonable way under the circumstances and the unreasonable conduct causes harm.

How can I find out if I have a case?

Because medical malpractice law is very complex, the best way to know is by talking to an experienced medical malpractice lawyer. Be sure to tell the lawyer exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? How was it treated? What were you told about your treatment? Did you follow the doctor’s instructions? What happened to you? Answers to these and other relevant questions are crucial if you believe your doctor is at fault.

Who can be sued under medical malpractice laws?

Any health care professional who is in a position of trust, is licensed and provides professional medical service to you. This includes the doctors, nurse practitioners, or hospital staff. Lab or x-ray technicians with certain qualifications for operating advanced medical equipment or interpreting results of tests, as well as a facility or company, may also be liable for malpractice. Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law – even a class action lawsuit.

What does “established customary standard of care” mean?

This is the level of care and skill that  qualified doctors are expected to provide for all patients with similar symptoms and circumstances.

My doctor made a mistake and admitted it. Do I have a malpractice case?

Talk to an experienced medical malpractice or medical negligence attorney to see if you have a case. If your doctor’s actions did not meet the expected standard of care, then the answer may be “Yes.” Damages may be recoverable for you under medical malpractice laws.

Consult with the experienced medical malpractice lawyers of Munley Law for FREE. Munley Law’s medical malpractice lawyers will evaluate your case thoroughly and explore all potential sources of recovery. We will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim.

Contact us now for a free case evaluation 844-686-5397 or use our Online Case Evaluation Form.

What kind of mistakes can result in medical malpractice?

Many different mistakes may constitute medical malpractice including:

  • They did not fully inform you of the risks before treating you,
  • They did not determine the proper diagnosis of your condition,
  • They did not perform appropriate diagnostic testing,
  • They did not properly treat your condition,
  • Failure to administer medications properly,
  • Failure to manage a pregnancy or deliver a baby in a safe manner.
  • They did not perform the operation properly, or
  • They did not anticipate a problem which they should have.

What should you be aware of when visiting an Emergency Room?

Don’t be afraid to ask questions. The emergency room can be a confusing place. When you receive any medication, diagnosis, or treatment, ask what is being done and why. Before you leave, get all of your discharge instructions in writing. Be sure that these include the names of the physicians that you saw, the diagnosis that was made, follow-up instructions, and any prescriptions you may require. Because of the high volume of patients and continual staff shortages, emergency rooms can become environments that are ripe for errors. Some of the errors may cause minor inconveniences, but others can lead to deadly consequences.

Only an experienced lawyer who knows Pennsylvania’s intricate medical malpractice laws, the court system, and individual rights can effectively prove your physical and/or mental injury under state laws. The medical malpractice lawyers at Munley Law will evaluate your case thoroughly and explore all potential sources of recovery. We will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim.


What are some conditions that may be misdiagnosed or incorrectly treated in the Emergency Room?

Heart attacks, strokes and aneurysms are among the most commonly misdiagnosed conditions in emergency rooms.  Heart attacks, can be mistaken for indigestion, and long term problems can be missed as doctors look for immediate causes. Misdiagnosing these conditions in the ER can worsen a patient’s prognosis and even lead to wrongful death.   If you have been a victim of an emergency room error, you may have a legal right to compensation or other damages.

How do I gather evidence for a medical malpractice case?

In many cases, you will not be able to gather the evidence necessary to document negligence in a medical malpractice case. Your attorney will likely have more access to  medical records than you will. The attorneys at Munley Law are experienced in this type of litigation and will know what you need for your case.

We will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim.

Contact us now for a free case evaluation 855-866-5529 or use our Online Case Evaluation Form.


If you or a loved one have been harmed by doctor error, misdiagnosis, or other form of medical negligence, you may have a medical malpractice claim. You could be eligible to receive compensation for the damages caused to your family. Munley Law attorneys are experienced, and successful, medical malpractice litigators – we fight to protect the rights of patients.



Contact us now for a free claim evaluation 844-686-5397

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