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What is Considered Medical Malpractice?
According to the American Board of Professional Liability Attorneys (ABPLA), medical malpractice occurs when a healthcare professional negligently acts or fails to act, resulting in an injury to a patient. When a medical mistake happens because of someone’s carelessness, this is called medical malpractice.
As the victim of such extreme carelessness by a medical professional in western Pennsylvania, you may be able to get compensation for your medical bills, lost wages, pain and suffering, and other losses if a family member died because of the medical malpractice. A Pittsburgh medical malpractice lawyer from Munley Law Personal Injury Attorneys will help you get the justice you deserve by guiding you through the medical malpractice case process.
How Often Does Medical Malpractice Occur?
Medical malpractice is more common than many patients realize, and national data highlights the seriousness of the issue.
A medical malpractice study published in the peer-reviewed journal BMJ found that every year, one in every 20 patients is affected by a medical error. About 12% of patient injuries that could have been prevented lead to a permanent disability or death. A Johns Hopkins study further stated that medical mistakes are now the third leading cause of death in the United States — more than 250,000 people die each year in the U.S. because of a medical mistake.
Federal data also shows the financial impact of malpractice claims. The National Practitioner Data Bank reports that thousands of medical malpractice payments are made each year, totaling billions of dollars in compensation to injured patients.
In Pennsylvania specifically, the Pennsylvania Department of Health tracks “serious events” and “incidents” in healthcare facilities. In 2024, the Pennsylvania Patient Safety Reporting System (PA-PSRS) received 315,418 reports of serious events and incidents, a 9.5% increase from the previous year.
These statistics highlight the importance of holding negligent healthcare providers accountable and seeking legal counsel when you’ve suffered harm.
Call Us At 844-686-5397 What Are the Most Common Types of Medical Malpractice and Hospital Negligence?
Medical malpractice can take a variety of forms. However, certain medical mistakes are more common than others. In hospitals across Steel City, such as Allegheny General or any of the UPMC branches, medical malpractice can result in serious injuries and life-threatening illnesses.
Some of the top types of medical malpractice that occur include:
Misdiagnosis or Delayed Diagnosis
Misdiagnosis is one of the most common types of medical malpractice. It happens when a medical professional either ignores or fails to diagnose a condition correctly. If the condition isn’t diagnosed quickly, it can get worse and require more treatment, putting the patient’s life at risk.
Misdiagnosis or delayed diagnosis can occur when a doctor incorrectly interprets diagnostic test results, fails to notice crucial information, or fails to communicate test results to another caregiver.
A common example of a serious misdiagnosis is failure to diagnose cancer. For example, a patient’s x-rays showed signs of a small mass on the lungs, but the doctor did not order any more tests. A few months later, the growth of the mass speeds up, and the cancer has spread to other parts of the body. If the doctor had ordered tests when the mass was first seen, the growth might not have happened. A delay in diagnosis or incorrect diagnosis can prevent them from getting necessary treatment and allow the patient’s condition to worsen and become fatal.
Birth Injuries
A birth injury can be terrible for the family and could change the life of the child. Birth injuries are a distressing subset of medical malpractice cases that occur during the labor and delivery process, affecting newborns and, in some cases, mothers. These injuries can have lasting and profound effects on the lives of the individuals involved. Understanding the common causes, types of birth injuries, and the legal implications is crucial for those seeking to navigate the complexities of a birth injury medical malpractice claim. Birth injuries like cerebral palsy or Erb’s palsy can result from inadequate prenatal care or failure to monitor the mother and baby for signs of fetal distress. They can also be caused by trauma during childbirth, such as misuse of instruments during delivery.
Surgical Errors
When someone needs surgery, they put their lives in the hands of doctors and nurses. And if something goes wrong, it could be life-threatening. Surgical errors occur when healthcare professionals make mistakes during surgical procedures, ranging from minor oversights to major lapses in protocol.
Nerve damage, making an incision in the wrong place, operating on the wrong part of the body, giving too much or too little anesthesia, or leaving surgical equipment, like a sponge, in the patient are all common types of surgical errors. Inadequate sterilization of surgical instruments or failure to maintain a sterile surgical environment can lead to postoperative infections. Failure to provide patients with sufficient information about the risks and potential complications of a surgical procedure can also be considered negligence.
Medication Mistakes
Medication errors are a serious form of medical malpractice that can have severe consequences for patients. These errors occur when healthcare providers make mistakes in prescribing, dispensing, or administering medications, leading to harm or adverse effects. Medication errors can include inaccurate prescribing of medication, including incorrect dosage or the wrong type of medication, or the failure to consider potential drug interactions or contraindications with a patient’s existing medications. Medication errors can lead to adverse reactions, allergic reactions, overdose, or failure to treat the underlying condition.
Anesthesia Errors
Administering too much or too little anesthesia can lead to serious complications. Overdosing may result in respiratory or cardiovascular issues, while underdosing can cause patients to wake up during surgery, experiencing pain and distress. Anesthesiologists must be aware of a patient’s medical history and potential allergies. Administering an anesthesia drug to which a patient is allergic can lead to severe reactions and life-threatening situations. Anesthesia requires constant monitoring of the patient’s vital signs, including heart rate, blood pressure, and oxygen levels. Failure to monitor these parameters can lead to delayed detection of complications and increased risks to the patient’s safety.
Pennsylvania Medical Malpractice Laws You Should Know
Medical malpractice claims in Pennsylvania are governed by specific laws that can significantly affect your case.
Statute of Limitations
Under 42 Pa. Cons. Stat. § 5524, victims generally have two years from the date they discovered, or reasonably should have discovered, the injury to file a claim.
Certificate of Merit Requirement
Pennsylvania law requires plaintiffs to file a Certificate of Merit under Pa. R.C.P. No. 1042.3. This means that a qualified medical expert has reviewed the case and believes it has merit.
Comparative Negligence Rule
Pennsylvania follows a modified comparative negligence rule under 42 Pa. Cons. Stat. § 7102. This means:
- You can recover damages if you are 50% or less at fault
- Your compensation is reduced by your percentage of fault
No Cap on Compensatory Damages
Pennsylvania does not cap compensatory damages in medical malpractice cases, meaning victims can recover full compensation for:
- Medical expenses
- Lost income
- Pain and suffering
However, punitive damages may be limited under state law. Having a firm grasp on these laws is critical to protecting your rights and ensuring your claim is filed correctly and on time.
What Will I Have to Prove to Win My Medical Malpractice Lawsuit?
To win your medical malpractice lawsuit at trial, your lawyer will need to prove the four “elements” of a medical malpractice claim.
Duty of Care
Your medical malpractice lawyer will need to show that your treating doctor, nurse, healthcare professional, or healthcare facility owed you a duty. Duty means an obligation to reasonably treat you according to the acceptable standard of care. When a hospital employs the doctor you are suing for negligent care, establishing duty is usually fairly straightforward. In most cases, the duty of care is established by the existence of a doctor-patient relationship, though other healthcare professionals (not just doctors) can be included. To make sure you are suing the right parties and maximizing your financial award, you will need an experienced med mal lawyer with knowledge of Pennsylvania law and a winning track record. If you’d like to speak with our award-winning medical malpractice team, schedule your free consultation today.
Breach of Duty of Care
Your medical malpractice lawyers must prove that your doctor breached the standard of care to commit the medical malpractice. Oftentimes, this will require testimony from medical malpractice experts, who can help your team and the jury understand the complexities of your medical malpractice case. At trial, expert witnesses battle over whether the treating physician’s actions conformed to acceptable medical standards. As a result, you’ll need a Pittsburgh medical malpractice lawyer who understands the science and how to use medical records, reports, and experts to build a winning strategy.
Causation
You need to convince a jury that your doctor’s breach of his or her duty is what caused your injuries. While this may not sound difficult, this is typically a challenging task. Many patients suffer from multiple conditions and/or diseases. This can make the cause of the injuries hard to determine. To win, your lawyer will need to convince the jury “by a preponderance of the evidence” that your injuries are your doctor’s fault, not yours.
Damages
You must show that you actually suffered damages because of your doctor’s negligence. Damages mean harm resulting from your injuries. Depending on the nature of your case, you can do this by showing physical, financial, or emotional losses. You may also show future losses, such as the inability to work or the need for future medical treatment. To determine exactly what kind of damages you need to prove, speak with the experienced Pittsburgh medical malpractice lawyers from Munley Law today.
How Do You Know if You Have a Medical Malpractice Case?
One of the difficulties medical negligence victims experience is the fact that they may not realize their doctor was negligent until weeks or months later when complications arise or their prognosis worsens. While not every unfavorable outcome is indicative of malpractice, certain red flags warrant further investigation.
Possible Signs of Medical Malpractice
A failure to diagnose a medical condition in a timely manner or a misdiagnosis can be a form of malpractice. This includes instances where the wrong condition is identified or where the diagnosis is significantly delayed.
If you did not receive adequate information about the risks, benefits, and alternatives of a medical procedure before giving consent, it may suggest a failure in obtaining informed consent, a critical component of ethical medical practice.
If unexpected complications arise without a clear medical explanation, it may be a sign of medical malpractice. Unexplained infections, worsening conditions, or severe side effects should prompt further inquiry.
If you suspect that you received substandard care, you may want to seek a second opinion from another doctor. This can help give you some clarity. Then, reach out to a Pittsburgh medical malpractice lawyer for a free legal opinion on the matter. A medical malpractice attorney can review your medical records, with the help of a licensed physician, and determine whether negligence may have played a role in your treatment.
How Much is a Medical Malpractice Case Worth?
One of the most common questions patients have is how much their case could be worth. The truth is that medical malpractice settlements vary widely based on the severity of harm and long-term impact.
According to data from the National Practitioner Data Bank, the average malpractice payment in the U.S. is often in the hundreds of thousands of dollars, although many cases exceed $1 million depending on the circumstances. Grave permanent injury accounts for the most expensive payouts.
Factors that influence case value include:
- Severity of the injury or disability
- Long-term medical care needs
- Loss of earning capacity
- Pain, suffering, and emotional trauma
- Whether the injury resulted in wrongful death
Cases involving catastrophic injuries, such as brain damage, paralysis, or birth injuries, tend to result in significantly higher settlements or verdicts. An experienced attorney can evaluate your specific situation and provide a realistic estimate based on similar cases and expert analysis.
How the Medical Malpractice Lawsuit Process Works
Medical malpractice claims are complex and typically follow a structured legal process.
- Case Evaluation: Your attorney reviews medical records and consults with experts to determine whether malpractice occurred.
- Filing the Claim: A formal complaint is filed, along with a Certificate of Merit as required by Pennsylvania law.
- Discovery Phase: Both sides exchange evidence, take depositions, and build their arguments.
- Negotiation or Mediation: Many cases are resolved through settlement discussions before trial.
- Trial: If a settlement is not reached, the case proceeds to court, where a judge or jury determines liability and damages.
Because of the technical nature of these cases, having a law firm with access to medical experts and litigation resources is essential.
Leading Causes of Preventable Medical Errors
Understanding why medical errors happen can help patients recognize when something has gone wrong. Common contributing factors include:
- Communication breakdowns between healthcare providers
- Incomplete or inaccurate patient records
- Diagnostic errors due to cognitive bias
- Fatigue and overwork among medical staff
- System failures within hospitals or healthcare facilities
When these issues lead to patient harm, they may give rise to a medical malpractice claim.
Why Medical Malpractice Cases Are So Complex
Medical malpractice cases are among the most challenging types of personal injury claims. Unlike other cases, they require:
- Expert medical testimony
- Detailed analysis of medical records
- A clear understanding of accepted standards of care
- The ability to prove causation between negligence and injury
Additionally, healthcare providers and hospitals are typically backed by powerful insurance companies and legal teams. This complexity is why working with an experienced medical malpractice lawyer is essential for a successful outcome.
Choosing a Pittsburgh Medical Malpractice Lawyer
Choosing the right Pittsburgh medical malpractice lawyer can significantly impact the outcome of your case. Given the complexities of medical malpractice claims, it’s essential to select an attorney with the expertise, experience, and dedication to navigate the intricacies of healthcare law. Here are key considerations when choosing the right legal representation for your medical malpractice case in Pittsburgh:
Experience and Specialization in Medical Negligence Cases
Look for a top-rated medical malpractice attorney with a proven track record in handling medical malpractice cases. Specialization in this field ensures a deep understanding of the unique challenges and nuances associated with healthcare-related legal matters. An experienced attorney will be well-versed in medical terminology, knowledgeable about medical procedures, and familiar with the intricacies of pursuing a malpractice claim.
At Munley Law Personal Injury Attorneys, we have been helping vulnerable people in Pennsylvania since 1959. Our entire practice is devoted to serious injury cases.
Medical Malpractice Attorneys with Superior Reputation and Success Record
Research the reputation of potential attorneys by reading client testimonials and reviews. A successful track record in achieving favorable outcomes for clients is a strong indicator of a lawyer’s competence. Look for instances where the attorney has secured substantial compensation for clients who have suffered due to medical negligence. Our law firm prides itself on our long track record of multimillion-dollar verdicts and settlements for our clients.
Resources and Legal Network
Medical malpractice cases often require substantial resources, including expert witnesses, medical professionals, and investigators. A well-established law firm with a network of experts can strengthen your case. Ensure that the attorney has the resources necessary to build a robust and compelling argument on your behalf. Our law firm knows local hospitals such as Allegheny General Hospital and UPMC Presbyterian, working closely with licensed physicians and specialized medical experts to develop our cases. Due to our long history and longstanding reputation in the legal community, we have access to the kinds of resources typically only available to the country’s biggest law firms.
Why Choose Munley Law for a Medical Malpractice Case?
Munley Law’s personal injury attorneys have over 250 years of combined experience in standing up for the rights of our injured Pennsylvanian neighbors. In addition:
- We’ve been consistently honored by multiple prestigious legal organizations, such as Lawdragon, Lawyers of Distinction, Pennsylvania Super Lawyers, and Best Lawyers, to name a few.
- Caroline Munley is named to the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania by the National Trial Lawyers Association, and Marion Munley was named Lawyer of the Year for Medical Malpractice Law by Best Lawyers.
- Our firm has extensive trial experience, with Daniel and Marion Munley acknowledged by the invitation-only American Board of Trial Advocates.
At Munley Law, we are passionate about justice and pursuing compensation for victims who have suffered loss and damages due to the negligence of another party. We will fight aggressively for compensation as you strive to regain the reins of your life.
Frequently Asked Questions About Medical Malpractice and Hospital Negligence Claims in Pittsburgh
What Damages Can I Receive for a Medical Malpractice Claim in Pittsburgh, Pennsylvania?
A medical mistake can leave you with a prolonged illness, complications that are expensive to treat, or a lifelong impairment or disability. There is no set amount for damages due to medical malpractice, and every medical malpractice case is unique. Pennsylvania has no cap on medical malpractice damages, so your compensation will be largely based on the circumstances of your mistreatment and the harm you have suffered. Some kinds of damages are:
- Current and future medical costs include hospital stays, treatment, surgery, follow-up appointments, rehabilitation, and prescriptions.
- Lost income, including any future lost wages, because of injuries or illnesses that affect your ability to work.
- Damages that can’t be seen or touched, such as pain and suffering and emotional trauma.
- Wrongful death is when a loved one dies because a doctor or nurse was negligent.
How Long Do I Have to File a Medical Malpractice Claim in Pittsburgh?
You have two years to file a medical malpractice claim. The time limit begins when you first learn about the error. If the injury victim is a minor, the statute of limitations is a little different under 40 P.S. § 1303.513 (MCARE Act). For example, if your child suffered a birth injury, they have until they turn 20 to file a medical malpractice lawsuit against the medical professional.
Can I Sue a Doctor for Medical Malpractice?
If you believe your doctor was negligent in administering your care, you may be able to sue the doctor in a medical malpractice lawsuit. However, medical malpractice lawsuits are not limited to doctors. Other healthcare professionals responsible for your care may be held accountable as well. These may include nurses, surgeons, pathologists, medical assistants, or imaging specialists whose actions caused you harm. An experienced medical malpractice attorney can thoroughly examine your situation to identify all potential defendants in your case.
Can I File a Medical Malpractice Lawsuit Against a Hospital or Healthcare Facility?
Yes, medical malpractice claims can be brought against individual healthcare providers, as well as hospitals or healthcare facilities, if their negligence contributed to the harm.
What is the Difference Between a Medical Error and Medical Negligence in Medical Malpractice?
When a medical professional makes a mistake while providing medical care, a medical error has occurred. However, not every error is the result of negligence. Sometimes, doctors can do everything they should, and still fail to detect an illness or prevent an adverse outcome.
When the standard of care for a patient’s condition is not met, however, medical negligence has occurred. The standard of care refers to the level and type of care another doctor with the same training would perform under similar circumstances.
What Role Does Expert Testimony Play in a Medical Malpractice Case?
Expert testimony is often crucial to establishing the standard of care and demonstrating how the healthcare provider deviated from that standard. Experts help explain complex medical issues to the court. Expert testimony can also aid in establishing the full extent of the damages you have suffered and the compensation you are owed as a result.
Contact a Pittsburgh Medical Malpractice Lawyer at Munley Law Personal Injury Attorneys Today for a Free Consultation
If you were injured by a medical professional, you have the option to speak with an experienced medical malpractice lawyer from Munley Law Personal Injury Attorneys. We can review your medical malpractice case, provide valuable feedback, and help you obtain compensation for your injuries. Do not wait much longer —
Call, text, chat, or email a leading Pittsburgh medical malpractice lawyer from Munley Law Personal Injury Attorneys for free today.
Caroline Munley
Caroline Munley is one of the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania as ranked by the National Trial Lawyers Association. A fierce and compassionate voice for medical malpractice victims, Caroline has, in her career as a medical malpractice lawyer, assisted in several multimillion-dollar settlements and verdicts. Caroline has additionally been twice honored by the National Trial Lawyers Association in Pennsylvania, once as a Top 100 Trial Lawyer and second as a Top 25 Women Trial Lawyer.
