At Munley Law, our Stroudsburg medical malpractice lawyers understand how devastating a preventable medical error can be. Patients trust doctors, nurses, and hospitals to provide competent care, but when that trust is broken, the consequences can include life-altering injuries, long-term disability, or even death.
We have spent almost seven decades representing injured and ill individuals and their families, securing multi-million-dollar verdicts and settlements for victims of negligence. Our nationally recognized trial attorneys have been honored by The Summit Council, Lawdragon, and the Litigation Counsel of America, and senior partner Marion Munley currently serves as Vice President of the American Association for Justice.
When a healthcare provider’s negligence causes harm, our medical malpractice lawyers determine what went wrong, work with leading medical experts, and fight to hold negligent providers accountable. If you or someone you love has been injured by a medical mistake, our legal team is ready to help you pursue the justice and compensation you deserve. Contact us for a free consultation today.
Call Us At 844-686-5397 What is Medical Malpractice?
Medical malpractice (also known as medical negligence) occurs when a Stroudsburg healthcare provider causes injury or death to a patient by failing to act within the applicable standard of care. This means the provider’s actions were unreasonable under the circumstances and caused harm.
Medical errors remain a serious public health concern in the United States. Studies from the National Academies of Sciences and other medical authorities estimate that tens of thousands of patients die annually from preventable medical mistakes, making medical error one of the leading causes of death nationwide.
In Pennsylvania, the most common allegation in medical malpractice claims in 2023 and 2024 was “failure to diagnose.” In 2024, the state had 974 medical malpractice payments, averaging $534,843. As one can imagine, when a healthcare provider fails to meet the standard of care, the consequences for patients can be severe and long-lasting.
“Since 1959, we have secured over $1 billion in compensation for our clients. When someone is seriously injured, they’re up against insurance companies with unlimited resources. My job is to level that playing field, and fight until they get the justice they deserve.”
Daniel W. Munley
What Does a Stroudsburg Medical Malpractice Lawyer Do?
Responding to and moving forward from a medical mistake is difficult. While you might not want to deal with a lawyer after discovering a medical mistake, it is in your best interest to do so. Stroudsburg malpractice lawyers can, at minimum, explain your options and what you might be able to recover, and help you make the best decision for you and your loved ones.
Here are just a few reasons you shouldn’t try to navigate a medical malpractice case alone:
- Gathering Evidence: Medical malpractice cases are incredibly complex. Many different role-players can be held responsible. And it is our burden as the plaintiff—the victim—to prove what happened. That means we must gather evidence to establish what medical decision or procedure caused your injury. We speak with medical experts and examine your medical records to discover how the error occurred, why it was missed, and if the mistake caused further harm to you.
- Know the Full Worth of Your Case: After an injury caused by medical negligence, you and your family will undoubtedly have questions, and it’s common not to know whether and how to seek compensation. A lawyer experienced in medical malpractice law can help. At Munley Law, during a free consultation, we can help you estimate how much money you may be entitled to and present your options.
- Negotiating with Insurance: You should never have to fight against hospitals and medical professionals or their insurance companies alone. At Munley Law, we have experience working with and against many repeat players in this space, especially in the Stroudsburg area. We can ensure these powerful entities don’t overpower your interests in negotiations or informal discussions. We can also make sure you aren’t inadvertently waiving any coverage under your insurance or limiting your recovery against other parties, such as the hospital or an individual doctor.
- Representing You in Court: If it comes time to fight in court, Munley Law’s medical negligence attorneys are nationally recognized for their skills in the courtroom. We’re ready to put those skills to work to get you the compensation you and your family need to recover. In this technical and highly convoluted area of the law, let our lawyers help lead you through to get the compensation you deserve.
Every personal injury case is different. The first step toward getting the compensation you are legally entitled to for your injury is to speak with an experienced Stroudsburg personal injury lawyer at Munley Law. We will evaluate your unique situation, answer any questions you may have, and help you determine the next steps.
Our consultations are also completely free. Working with Munley Law, you don’t pay for anything out of pocket. We only get paid if we win your case, and our fee will come from the money we recover for you.
However, timing is imperative. Medical malpractice claims take time to build, and critical evidence often gets harder to collect as time passes. The sooner you call our experienced medical personal injury lawyers after an accident, the greater your chances of getting compensation for your injuries. Call or chat today.
Common Types of Medical Malpractice in Stroudsburg
Medical malpractice occurs when you or a loved one is injured by a medical professional’s failure to adhere to a professional standard of care. There are several general types of medical malpractice cases:
- Misdiagnoses or Delayed Diagnosis: When a healthcare provider fails to correctly or timely identify a condition, patients may suffer serious harm from delayed or inappropriate treatment.
- Negligent Treatment: A medical provider may be liable if they reach a diagnosis but fail to treat the condition in accordance with the accepted standard of care.
- Prescription Drug Issues: Errors in prescribing, dosing, or monitoring medication — including drugs a patient is allergic to or that interact dangerously with other medications — can constitute malpractice.
- Surgical Errors: Mistakes made during surgery, from operating on the wrong site to leaving instruments inside a patient, can have life-altering consequences.
- Hospital Negligence: When a hospital fails to maintain safe staffing levels, adhere to proper protocols, or adequately oversee its staff, the institution itself may be held liable for patient harm.
Experienced medical malpractice lawyers know how to build a successful negligence case. Many parties may be liable, including a specific medical provider, the doctor responsible for managing your care, and even the hospital. At Munley Law, our Stroudsburg injury attorneys can help you decide who you can hold responsible.
Why Choose Munley Law for Your Stroudsburg Medical Malpractice Case?
With so many personal injury law firms to choose from, how do you know who you can trust to fight for you and your family? Consider these factors that set Munley Law apart:
- Track Record – Munley Law has earned national recognition for our large settlements and verdicts. Our entire staff works diligently to ensure you receive the maximum compensation you are owed.
- Experience – When it comes to complex personal injury cases, experience counts. Each of our partners has decades of experience representing individuals and families who have suffered serious injury or been denied benefits. Because we are a family firm, we often work closely together on your case to achieve the best possible results.
- Industry Leaders – Our board-certified personal injury lawyers at Munley Law are among the highest-rated and most respected legal advocates in the country. Other lawyers regularly look to us as the industry experts. All our credentials (including Best Lawyers in America, Best Law Firms, Pennsylvania Super Lawyers, and the Million Dollar Advocates Forum) reflect that we are an exceptional law firm.
- Resources – At Munley Law, we leverage resources typically available only to big law firms. We work closely with our network of experts and in-house medical personnel to build your case.
- Client Satisfaction – Perhaps the best testament to our success is the satisfaction of our past clients. We understand that the time after any injury or accident is incredibly difficult, not only for you but for your family. Our lawyers aren’t here to treat you like just another case; we want to understand what happened, and what you and your family need, and help you get it. Our goal is always to get you the recovery you deserve.
- Our No-Fee Promise – We do not collect a fee unless we win your case. If we do not produce results for you, you owe us nothing. At no point will you ever pay anything out of pocket; even if we win, our fee comes out of the money we recover for you.
Frequently Asked Questions About Medical Malpractice Claims in Stroudsburg
How Can I Find Out If I Have a Medical Malpractice Case?
Consulting with an experienced medical malpractice attorney is crucial. They can evaluate your situation, review medical records, and determine whether the healthcare provider’s actions breached the standard of care, resulting in your injury.
Who Can Be Sued Under Medical Malpractice Laws?
Healthcare providers, including doctors, nurses, anesthesiologists, surgeons, hospitals, and clinics, can be held liable if their negligence causes harm to a patient.
What Does Established Customary Standard of Care Mean?
Established Customary Standard of Care refers to the level and type of care an average, prudent healthcare provider in a given community would provide under similar circumstances. Deviating from this standard may constitute negligence.
My Doctor Made a Mistake and Admitted It. Do I Have a Malpractice Case?
Even if a doctor admits to a mistake, you must prove that the error deviated from the standard of care and directly caused harm. Consulting with an attorney can help assess the viability of your case.
What Kind of Mistakes Can Result in Medical Malpractice?
Common mistakes include misdiagnosis, surgical errors, medication errors, anesthesia errors, and failure to monitor a patient’s condition. These can lead to serious injuries or death.
What Should You Be Aware of When Visiting an Emergency Room?
In the ER, be aware of the triage process, which prioritizes patients based on the severity of their condition. Ensure that all symptoms are communicated clearly and ask questions if you don’t understand the diagnosis or treatment plan.
How Long Do You Have to File a Medical Malpractice Lawsuit in Pennsylvania?
Pennsylvania law sets two separate deadlines that work together, and missing either one extinguishes your right to file.
The first is the statute of limitations under 42 Pa.C.S. § 5524, which gives most patients two years from the date they were harmed — or from the date they reasonably discovered the harm — to file a lawsuit. The discovery rule can extend this window when an injury was not immediately apparent, as is sometimes the case with misdiagnosis or delayed diagnosis claims.
The second is the statute of repose under 40 P.S. § 1303.513, which sets a hard outer limit of seven years from the date of the negligent act, regardless of when the patient discovered the injury. Even if the discovery rule would otherwise apply, no claim can be filed after the seven-year mark has passed. This absolute deadline catches many patients off guard, particularly those who did not connect their ongoing health problems to a medical error until years later.
There are two notable exceptions. First, if the victim was a minor when the malpractice occurred, the statute of limitations does not begin running until they turn 18, giving them until age 20 to file. Second, cases involving a foreign object negligently left inside a patient’s body are exempt from the seven-year repose period under Pennsylvania law.
Because these deadlines interact in ways that are not always obvious, speaking with an experienced medical malpractice attorney as soon as possible is critical. A deadline that seems distant may be closer than it appears.
What Compensation Can You Recover in a Medical Malpractice Claim?
Victims of medical malpractice may be entitled to compensation for medical expenses, lost income, rehabilitation costs, and pain and suffering. In severe cases involving permanent disability, damages may also include long-term care and loss of earning capacity. Families who lose a loved one may pursue compensation through a wrongful death claim. The value of each case depends on the severity of the injury and its long-term impact.
Do All Medical Mistakes Qualify as Malpractice?
Not every medical error qualifies as malpractice under the law. To constitute malpractice, the mistake must involve a breach of the accepted medical standard of care and must directly cause harm to the patient. Some complications occur even when providers follow proper procedures. An experienced lawyer and medical expert can evaluate whether negligence occurred.
How Do Medical Experts Help Prove Malpractice?
Medical malpractice cases almost always rely on expert testimony from qualified physicians or specialists. These experts review medical records and determine what a competent provider should have done in the same situation. If the defendant’s actions deviated from that standard, the expert explains how the mistake caused the patient’s injury. Expert opinions are often essential to building a successful case.
Can Hospitals Be Held Responsible for Medical Malpractice?
Yes. Hospitals can be liable for malpractice if their employees acted negligently or if unsafe policies contributed to the injury. For example, hospitals may be responsible for poor staffing, inadequate training, or failing to properly supervise medical professionals. In many cases, multiple parties – including doctors, nurses, and medical facilities – may share responsibility.
What Are the Warning Signs That Medical Malpractice May Have Occurred?
Certain situations may indicate possible malpractice, such as unexpected complications, worsening symptoms after treatment, incorrect diagnoses, or unexplained surgical injuries. Medication errors and delayed treatment can also signal negligence. If something about your medical care seems wrong, asking legal advice may help clarify your options.
Contact a Munley Law Stroudsburg Medical Malpractice Attorney for a Free Consultation
If you suffered an injury as a result of medical negligence, Munley Law is ready to fight for your rights.
Contact our Stroudsburg medical malpractice lawyer today to schedule a free consultation.
Daniel W. Munley
Daniel W. Munley is an award-winning personal-injury attorney and champion of plaintiffs’ rights. For decades he’s won multi-million verdicts and settlements and is recognized as a national leader in truck and rideshare litigation, including a record $26 million truck settlement in Northeastern Pennsylvania and a $20 million recovery in 2024 for life-altering commercial-vehicle injuries.
