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 Stroudsburg 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.
Contact a Medical Malpractice Lawyer at Munley Law
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, a failure to diagnose can lead to catastrophic outcomes – especially when it comes to diseases like diabetes or cancer that can reduce a person’s lifespan if untreated.
“Since 1959, we have secured over $1 billion in
compensation for our clients.”
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: Misdiagnosis or delayed diagnosis is a serious problem in the medical industry. These errors can range from a failure to diagnose cancer or order necessary diagnostic testing to misinterpreting or mislabeling lab results.
- Negligent Treatment: Negligent treatment, or a failure to treat, is likely what you think of when you think about medical malpractice. This type of malpractice generally refers to a medical provider’s negligent treatment once a diagnosis is reached. For example, this would include a medical provider’s decision to discharge a patient from the hospital too early or a medical provider’s failure to treat a specific condition according to professional standards.
- Prescription Drug Issues: These cases generally refer to a medical provider’s failure to properly monitor and prescribe medication. These cases often arise when a Stroudsburg doctor prescribes you medication that you are allergic to or that interacts negatively with other medicines you’re taking. A more recent subset of these types of cases includes attempts by skilled medical malpractice lawyers to hold doctors responsible for prescribing addictive medication when they should have known that doing so was a risk to the patients.
- Surgical or Procedural Errors: Surgical error cases target mistakes a surgeon, or someone working with one, makes while performing surgery. These cases could challenge a medical provider’s failure to perform the proper procedure, failure to close the incision properly, or even a surgeon’s failure to properly clean and remove all medical supplies from within the incision before finishing surgery.
How Can You Prove Negligence in a Stroudsburg Medical Malpractice Claim?
In technical terms, if you are injured by the unreasonable actions of those who treat you, you can bring a negligence claim against a hospital or medical professional. Pennsylvania has four elements of a negligence claim: duty, breach, causation, and damages.
- Duty means that the defendant, the person who did wrong, owed you a duty not to cause harm. Generally, your medical providers owe you a duty as a patient under the law.
- To prove breach, you must prove that the medical professional failed to act according to a specific standard of care. In medical malpractice cases, a medical expert usually must establish the standard of care. This means that you must prove that a reasonable medical provider would have acted differently and that would have avoided your injury.
- Causation is simple in theory, but often a complex factual and legal issue. You must prove that the breach of duty, what the medical provider did, caused your injuries. This can sometimes be difficult when it comes to medical negligence. That’s where expert witnesses come in.
- You must also prove that the breach of a duty caused you financial or emotional damages. This is where we must prove the amount of money involved.
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. Be it through an informal negotiation, a settlement, or a verdict, we’re here to fight for you. We’ll keep you informed and let you make the decisions. Learn what former Munley Law clients have to say about their experience with our firm.
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.
No Fee Unless We Win
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 if the healthcare provider’s actions breached the standard of care, leading to your injury.
Who Can Be Sued Under Medical Malpractice Laws?
Healthcare providers such as doctors, nurses, anesthesiologists, surgeons, hospitals, and clinics can be held liable if their negligence caused 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 usually allows victims two years from the date of injury to file a medical malpractice lawsuit. However, the timeline may be extended under the “discovery rule” if the injury was not immediately apparent. There are also special rules when the victim is a minor. Speaking with an experienced medical malpractice attorney as soon as possible helps ensure important deadlines are not missed.
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.
