At Munley Law, our Philadelphia medical malpractice lawyers are well known for their experience in medical malpractice litigation. If you or someone you love has suffered losses due to a medical professional’s mistake, we can help. Our lawyers have consistently recovered millions of dollars for victims of medical mistakes, including life-changing settlements worth $5 million, $4.35 million, and $3.5 million. With Marion Munley named Best Lawyers’ Lawyer of the Year for Medical Malpractice Law and Caroline Munley ranked as one of the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania, our team has the skill and expertise needed to bring your case to justice.
Medical malpractice is among the leading causes of death in the United States, and it accounts for an alarming number of avoidable illnesses and injury-related complications every year. If you suspect you are a victim of malpractice, we encourage you to contact us for a free consultation about your legal rights. Contact our Philadelphia attorneys today.
Call Us At 844-686-5397 What Do You Need to Know About Philadelphia Medical Malpractice Claims?
Philadelphia is home to some of the country’s top medical facilities. The Hospital of the University of Pennsylvania, Thomas Jefferson University Hospitals, Children’s Hospital of Philadelphia (CHOP), Roxborough Memorial Hospital, Einstein Medical Center, Kindred Hospital Philadelphia, and numerous others provide care for people in Philly and beyond every day. But even doctors and medical professionals can commit serious errors. Many doctors who have been sued for medical malpractice are still practicing today, with around 31.2% of all U.S. physicians reporting being sued for medical malpractice at least once during their careers, according to the American Medical Association.
In Pennsylvania, all licensed healthcare professionals and medical facilities are held to high standards of patient care. These standards apply to all healthcare providers in Philadelphia, including physicians, surgeons, nurses, hospital staff, nursing home caregivers, long-term care professionals, and clinic personnel. When they fail to meet these standards and their patients suffer, they can be held liable for medical malpractice. In order to hold the negligent healthcare provider responsible, you must contact a medical malpractice lawyer. A lawyer at Munley Law Personal Injury Attorneys can help you take action against hospitals, clinics, and medical facilities of all sizes. Whether it’s a solo practitioner or a central hospital system, we can help.
When it comes to medical care, it only takes one simple mistake to cause a lifetime of consequences. These errors can (and should) be avoided from misdiagnoses to medication errors. There are established protocols designed to protect patient safety. Unfortunately, inexperience, ineptitude, inattention, fatigue, and other factors routinely lead to medical malpractice.
What Are The Most Common Types of Medical Malpractice in Pennsylvania?
Our medical malpractice lawyers represent clients in Philadelphia and throughout Pennsylvania who have suffered due to various forms of medical malpractice, including:
- Failure to protect patients from dangerous conditions
- Nursing home neglect and abuse
- Hospital infections stemming from unclean medical instruments
- Improperly administered medications, dangerous drug combinations, and other medication errors
- Improperly managing a pregnancy or the delivery of a baby, resulting in birth injury
- Failure to properly treat a medical condition
- Misdiagnosis of a medical condition (including cancer misdiagnosis)
- Error in medical records
What Elements Are Included in a Medical Malpractice Claim?
Several conditions must be met to sue for medical negligence. First, you must demonstrate that a doctor-patient relationship existed between the victim and the negligent healthcare provider. If a doctor-patient relationship existed, then the doctor had a duty to provide you with competent care. This is usually the most straightforward element of your case. A “doctor-patient relationship” simply means that the doctor (or other professional) is responsible for administering care or providing a diagnosis in an official capacity.
Next, you will need to show that healthcare negligence occurred. In other words, you must prove that the doctor or medical professional deviated from the reasonable standard of care. The “reasonable standard of care” refers to the level and type of care competent and skilled healthcare professionals would provide under similar circumstances. To establish this, your medical malpractice lawyer will consult with physicians and medical professionals to define the correct standard of care in your situation and whether your doctor adhered to that standard.
Then, you must prove that the negligence displayed by your doctor resulted in the harm you have suffered. This is known as “proof of harm.” It is not enough to merely prove that your doctor made a mistake. You must establish a clear link between your doctor’s mistake or misconduct and your injury, illness, or loss of a loved one. The doctor or their employer may attempt to argue that the worsening of your condition was not related to their action or inaction; your negligence lawyers will work with a team of medical professionals to prove otherwise.
Lastly, you must prove that you suffered damages due to the injury or illness you experienced due to your doctor’s negligence. Damages may include excessive medical bills, extended hospital stays, lost income, pain and suffering, and more.
If a settlement cannot be reached in your claim, court representation may be necessary. Considering that Pennsylvanian doctors win around 77% of malpractice lawsuits that move to jury trial, having an experienced medical malpractice attorney on your side is essential for maximizing your chances of securing compensation. Studies consistently find that plaintiffs with legal representation receive significantly higher settlements and awards than unrepresented claimants, with GovFacts noting that represented plaintiffs are up to 13 times more likely to see favorable outcomes in their cases.
“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For more than 65 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”
Marion Munley
How Long Do You Have to File a Medical Malpractice Lawsuit in Pennsylvania?
Pennsylvania imposes strict deadlines on medical malpractice claims. Miss them, and even a well-documented case can be dismissed permanently, regardless of how serious the harm.
The Standard Deadline: Two Years
Under Pennsylvania law (42 Pa. C.S. § 5524(2)), injured patients generally have two years from the date of the injury to file a medical malpractice lawsuit. This deadline applies to physicians, surgeons, nurses, hospitals, nursing homes, pharmacists, and all other licensed healthcare providers. Filing even one day late can result in permanent dismissal.
The Discovery Rule: When the Clock Starts Later
Not all medical mistakes are immediately obvious. Pennsylvania’s discovery rule holds that the two-year clock does not begin until the patient knew, or reasonably should have known, that an injury occurred and that it may have been caused by medical negligence. You do not need to know the specific medical cause for the clock to start. If warning signs existed that a reasonable person would have noticed and investigated, the deadline may already be running.
Example: A radiologist misreads a scan and fails to flag early-stage cancer. The patient learns of the error two years later when the cancer has significantly advanced. The two-year filing period begins when the patient first knew, or reasonably should have known, that a medical error contributed to the delayed diagnosis.
If something feels wrong after a procedure or course of treatment, speak with a malpractice attorney as soon as possible rather than waiting to see how things develop.
Pennsylvania’s Statute of Repose: No Longer Valid Law
Pennsylvania’s MCARE Act previously included a seven-year statute of repose, a hard outer deadline that barred malpractice claims brought more than seven years after the negligent act, regardless of when the injury was discovered.
In Yanakos v. UPMC (Pa. 2019), the Pennsylvania Supreme Court struck down that seven-year limit as unconstitutional. The court held that the statute of repose violated Article I, Section 11 of the Pennsylvania Constitution and was not substantially related to an important government interest. It is not the controlling law for medical malpractice claims in Pennsylvania.
If you suffered harm due to medical negligence but only recently discovered the connection, even if the underlying treatment occurred many years ago, you may still have the right to file.
Wrongful Death and Survival Actions
When a patient dies as a result of medical negligence, the statute of limitations is two years from the date of death, not from the date of the negligent treatment. This distinction matters in cases where a patient survived for months or years before dying from complications caused by the original error.
Minors
The statute of limitations is paused until a minor’s 18th birthday, giving them until age 20 to file. Families whose children suffered birth injuries or other pediatric medical harm should consult an attorney promptly, as obtaining records and securing qualified experts takes time.
Other Exceptions
Additional rules apply in cases involving foreign objects left inside a patient’s body and cases where a provider fraudulently concealed evidence of negligence. Pennsylvania law also requires a certificate of merit to be filed within 60 days of the complaint.
Do Not Wait to Get Legal Advice
The rules governing medical malpractice deadlines in Pennsylvania are technical and unforgiving. At Munley Law, our Philadelphia medical malpractice attorneys are available 24/7 for free consultations. If you believe you or a loved one suffered harm due to medical negligence, contact us today. We will evaluate your case, identify the applicable deadlines, and protect your rights.
Guidance from the Philadelphia Medical Malpractice Lawyers
If you think you have been the victim of medical malpractice or a family member has suffered from the negligence of a healthcare professional, here are some steps to take:
- Immediately find and hire an experienced and reputable medical malpractice lawyer.
- Act quickly. You must file your claim within two years of the injury. Your lawyer will help ensure the timeframe for filing your medical malpractice claim does not run out.
- Request copies of your medical records.
- Write down everything that happened while it’s still fresh in your mind.
- Once you’ve hired a medical malpractice attorney, an investigation will be conducted to determine if negligence was involved. Your lawyer will obtain copies of all of your medical records and contact any hospitals, physicians, and other providers that may have been involved in your case. We work with medical doctors and professionals to review your records in detail and identify avoidable mistakes or wrongdoing.
- After your case has been investigated and examined, your lawyer will help you file a medical malpractice lawsuit if negligence is found.
Munley Law has won millions for our clients, including:
- $3 million settlement won for woman misdiagnosed with cancer
- $2 million settlement won from a foreign medical device manufacturer
- $1.6 million jury verdict won for a medical malpractice case that caused a death
- $1.5 million award for death due to medical negligence
- $1.4 settlement won in ER wrongful death case
- $1.3 million settlement won for hospital infection case
Common Types of Medical Malpractice Cases
Medical malpractice lawsuits can come from various procedures, doctor visits, etc. Ultimately, if your medical professional failed to provide proper care, and that resulted in injury or even wrongful death, you could have a case. Common types of medical malpractice include:
Hospital Infections
Infections are a risk that comes with most surgeries and hospital stays. Medical professionals always need to be watching for signs of an infection and begin proper treatment immediately. Bacterial infections, such as E.coli or strep, or viral infections, like influenza, can be severe for a patient in recovery. When an infection becomes advanced, a patient may become septic, requiring aggressive treatment, which may possibly lead to wrongful death when not treated fast enough.
According to the Patient Safety Authority (PSA), the Pennsylvania Patient Safety Reporting System (PA-PSRS) received 1,317 reports of healthcare-associated infections from the state’s hospitals and healthcare facilities, 635 of which caused serious harm or threatened patients’ lives.
Birth Injuries
The birth of a new baby should be a joyous time for the entire family. Birth injuries suffered at a Philadelphia hospital can turn what should be a happy event into a scary and traumatic one. The experienced medical malpractice lawyers at Munley Law Personal Injury Attorneys handle cases involving all types of birth injuries, including cerebral palsy, Erb’s palsy, shoulder dystocia, hypoxia, pre-eclampsia, toxemia, uterine rupture, and respiratory distress.
A birth injury in Philadelphia could have occurred as a result of a duty of care failure on the part of the OB-GYN to recognize fetal distress, from the misuse of forceps, vacuums, and other medical devices during delivery, or from a delayed C-section or another mistake.
According to the American Medical Association, OB/GYNs are some of the medical professionals at the greatest risk of being sued throughout the course of their careers, with about 62% of OB/GYNs in the U.S. facing legal action during their careers to date for issues ranging from failure to monitor mothers and children to misdiagnoses of neonatal conditions, practices which lead to birth trauma and injuries, and other pervasive issues.
If your baby suffered birth injuries due to a trauma caused by medical negligence, the resulting harm can lead to a lifetime of medical expenses, pain and suffering, and more. The obstetrician and other responsible parties must be held accountable. Contact an experienced, compassionate medical malpractice attorney at Munley Law Personal Injury Attorneys for a free, confidential consultation.
Failure to Diagnose or Misdiagnosis
The sooner you find out you have a serious illness such as cancer, the better your treatment options and chance of survival. Losing vital treatment time due to a doctor’s delayed or missed diagnosis can mean the difference between life and death. Likewise, a wrong diagnosis can subject a patient to unnecessary, painful, and costly treatment.
The Patient Safety Authority’s study of medical malpractice claims in Pennsylvania found that allegations related to diagnoses (including misdiagnosis, failure to diagnose, and diagnostic delays) accounted for 26.6% of the malpractice allegations reviewed, making it the second-highest allegation type by local claimants.
A negligent doctor, lab technician, or health care facility must be held accountable for the misdiagnosis in a severe case of breast cancer, colon cancer, lung cancer, heart disease, stroke, traumatic brain injuries, spinal cord injuries, or any other serious illness. If you or someone you love suffered from a missed, delayed, or incorrect diagnosis that led to injury or wrongful death, contact the personal injury team at Munley Law Personal Injury Attorneys today for a free case evaluation.
Medication Errors
Prescribing the wrong medication, giving the wrong dosage, or prescribing medications with adverse interactions or side effects can result in serious harm. The PSA notes that the PA-PSRS received 40,680 reports of medication errors during 2023 alone, 294 cases of which were serious events that injured or killed local patients.
A Philadelphia pharmacist may make a medical error in filling a prescription, or a doctor may make an error in prescribing a medication; even clerical errors can result in dosage mistakes. If a medication error has compromised your health, you must contact a medical malpractice attorney to ensure that the Philadelphia medical malpractice law is upheld.
Anesthesia Errors
Anesthesia mistakes can have devastating consequences for patients. An anesthesiologist is responsible for evaluating your medical history to determine which anesthesia drugs can be used safely. Anesthesia errors can include the failure to take a proper medical history, improperly inserting a breathing tube, administering too high or too low a dosage of anesthesia, inadequate monitoring of vital signs, and failure to recognize and respond to complications.
In 2024, Pennsylvania hospitals reported 1,291 anesthesia-related events, 313 of which seriously harmed patients or led to the tragic loss of life.
Emergency Room Errors
ER doctors and nurses must make critical decisions quickly and carefully when seriously injured patients come to the ER. They need to identify and treat life-threatening conditions rapidly. A failure to recognize a heart attack, stroke, blood clot, brain injury, or another serious condition can lead to a failure to treat and to provide proper medical care.
According to the PSA, there were 33,905 reports of emergency care-related incidents in 2024, with errors related to procedures, treatments, and testing cited as the most frequent type by far, accounting for nearly half (15,524) of these cases.
Lab or Test Errors
When a lab technician or a radiologist misreads a test, it can result in a medical misdiagnosis. A misread CT scan can result in a delayed diagnosis of cancer or another potentially deadly condition. In 2024, errors related to procedures, treatments and tests (P/T/T) remained the most regularly reported adverse medical event type overall, accounting for over a third (33.4%) of reports from all Pennsylvania healthcare facilities combined. There were also 41,814 reports of laboratory test errors that year, 54 of which were classified as serious risks to patients’ lives and wellbeing.
The hospitals or medical professionals responsible for these medical errors should be held accountable. Our liability attorneys will provide you with legal advice if necessary.
Philadelphia Nursing Home Negligence
When a loved one is in a nursing home, you expect they will be well cared for. Unfortunately, many of our most vulnerable citizens suffer inadequate care, neglect, and abuse in nursing homes or long-term care facilities. Nursing home abuse or neglect medical malpractice claims can happen due to untreated bedsores, serious falls, malnutrition, dehydration, overmedication, use of restraints that cause injury, unexplained injury, and verbal, emotional, or sexual abuse.
The Pennsylvania Department of Aging’s 2023-2024 annual report notes that caregiver neglect and physical abuse – which both include medical neglect – accounted for 22% and 11% of all of the 14,302 substantiated senior abuse cases reported during the years in review, respectively, highlighting the seriousness of this widespread issue.
Who Is Responsible for Medical Malpractice?
Although a medical error may not have been intentional, it can still lead to severe injury or wrongful death that may have been prevented with a higher duty of care. Here are some of the medical professionals who might be negligent in a case:
- Hospital
- Doctors
- Nurses
- Pharmacists
- OB/GYN
- Oncologist
- Cardiologist
- Surgeon
- Cosmetic Surgeon
- Anesthesiologist
- Surgery Center
- Nursing Home
Professional Pennsylvania Medical Malpractice Attorneys in Philadelphia
Munley Law Personal Injury Attorneys’ firm represents victims of medical malpractice throughout Pennsylvania. For more than years, our lawyers have been obtaining justice for individuals and families who have suffered devastating losses, pain and suffering, and more through someone else’s negligence.
Our lawyers have been consistently ranked as some of the Top 100 Trial Lawyers in Pennsylvania by the National Trial Lawyers Association, and all of our attorneys have been honored by Best Lawyers and the American Association for Justice for their unwavering dedication to our clients. Eight of our legal specialists are named Super Lawyers, with Marion Munley also selected as one of the Top 10 Super Lawyers in Pennsylvania, Top 100 Super Lawyers in Pennsylvania, and Top 50 Women Pennsylvania Super Lawyers. Our firm and lawyers have earned acknowledgment from the Litigation Counsel of America, the American Board of Trial Advocates, and the Pennsylvania Bar Association, and all of our partners hold AV Preeminent Ratings from Martindale-Hubbell as a testament to our proven professionalism and ethics.
We have won millions of dollars on behalf of our clients, and our attorneys have been recognized by trusted organizations such as the Summit Council and the Million Dollar Advocates Forum for these achievements. Our firm also has four attorneys board-certified by the National Board of Trial Advocacy in Civil Trial Law and Civil Trial Advocacy, who are ready to represent your case in court and win you the compensation you need for a dignified recovery. While no amount of money can undo the pain you have experienced, it can help alleviate your medical bills, lost wages, and other costs and bring you some peace of mind.
Medical Malpractice FAQs: Frequently Asked Questions for Patients and Families
How Do I Know If I Have a Claim for Medical Malpractice?
It is not easy to know whether you have a claim for a medical malpractice case. To determine whether you should file a claim, you need to understand the relevant medical standard of care and the various legal principles that apply. When you contact us about your case, our lawyers use their decades of experience in medical malpractice insurance settlement negotiations and courtroom litigation to provide you with an honest and straightforward assessment of your legal rights.
If My Doctor Failed to Obtain My Informed Consent, Does This Constitute a Medical Malpractice Case?
Potentially, yes. In Pennsylvania, the “established customary standard of care” requires practicing physicians to obtain patients’ informed consent under many (but not all) circumstances. Suppose you consented to a medical procedure without properly disclosing the risks involved. In that case, you may have a claim for medical malpractice, and you should speak to any of our Philadelphia malpractice lawyers promptly.
A Defective Medical Device or Implant Hurt Me. Can I Sue for Medical Malpractice?
A defective medical device or implant is not always indicative of medical negligence. Sometimes, medical devices malfunction or are found to be defective through no fault of the doctor who used them. In that situation, you may be able to bring a lawsuit against the manufacturer of the dangerous device instead. On the other hand, if your doctor knew, or should have known, that the implant used in your surgery or the device employed in your care was unsafe, they can share liability for the resulting harm. An experienced medical malpractice lawyer can advise who should be held responsible for the injury or illness you have suffered.
I Suffered Complications After Surgery at a Philadelphia Hospital. Is This Medical Malpractice?
It depends. Complications after surgery are not always a sign of malpractice; most surgeries come with some risk of complications. However, serious complications can also result from your doctor or surgeon’s failure to exercise reasonable care. If you think malpractice may be to blame for your postoperative complications, contact a Philadelphia medical malpractice attorney for a free review of your case.
What Types of Birth Injuries Can Be Indicative of Medical Malpractice?
Numerous types of birth injuries can be indicative of medical malpractice during pregnancy, labor, or delivery. Some of the most common examples include:
- Bacterial meningitis
- Bone fractures
- Brachial Plexus Palsy
- Cephalohematoma
- Cerebral Palsy
- Erb’s Palsy
- Excessive bleeding
- Inadequate oxygen supply (hypoxia)
- Shoulder dystocia
- Viral encephalitis
How Much Do Medical Malpractice Attorneys Cost for Lawsuits in Philly?
We only take a fee if we are successful in securing compensation for you. Our payment system is designed to be fair and affordable. This means that we are highly motivated to work hard and get the best possible outcome for you. You don’t have to worry about any upfront costs or financial risks. You can trust us to work tirelessly on your behalf, so you can focus on getting better. Remember, no win – no fee.
Where Can I Find More Information About Filing a Medical Malpractice Claim?
If you or someone you know has suffered due to medical negligence in Pennsylvania, it’s important to know that you have rights. To better understand your rights, you can visit our Medical Malpractice Questions and Answers page. For personalized legal guidance tailored to your specific situation, it’s best to contact a local Philadelphia medical malpractice attorney at Munley Law. They are available 24/7 and can schedule a free consultation with you.
Munley Law Personal Injury Lawyers Will Help You Get Compensation for Medical Malpractice Claims
We offer free, confidential consultations with one of our experienced Philly medical malpractice lawyers to help you understand your legal options. During your consultation, our lawyer will listen to your story, answer your questions, and provide you with an honest assessment of your case. We’ll never pressure you to pursue legal action if we don’t believe it’s in your best interest.
To schedule your consultation, you can contact us by phone or by filling out our online contact form with your information. We’ll get back to you as soon as possible to schedule a time that works best for you.
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.
