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Standard of Care

What is a Standard of Care?

The Standard of Care in a given setting is the level of care that the average person would apply in that setting. Care encompasses the level of diligence and skill that the average person would be able to apply to a given scenario. According to Cornell Law School’s Legal Information Institute, standard of care is an “essential concept” in cases of negligence.

The standard care of an average person revolves around what is known as the reasonable person standard. The average person may have specified knowledge in a certain field that is greater than average. However, the reasonable person standard holds individuals to acting how the average person would given that they have similar knowledge. For example, the average person may not have the medical knowledge of a doctor. But doctors are held to acting in a way that the reasonable person would act if they did have such knowledge. This is important in medical malpractice cases, where appropriate standard of care must be specified before it can be proven if that standard was breached or not.

There are certain circumstances that apply different standards of care. Adults, for example, are held to higher standards of care than children. Any profession is held to a specific standard of care. A doctor that consistently provides incorrect diagnoses may be able to be found liable for damages incurred from those misdiagnoses, simply because the average, reasonable doctor would not do that.

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Harrisburg Medical Malpractice Lawyer

Medical malpractice claims can be particularly complex in Harrisburg, where the local law, health systems, and community intricacies are unique. If you’re facing such a situation, having a Harrisburg medical malpractice lawyer on your side is more than just advantageous; it’s essential.

That’s where Munley Law comes in. Widely regarded as Harrisburg’s best medical malpractice law firm, Munley Law combines local knowledge with extensive experience in medical neglect cases. Their exceptional track record in securing just compensation for victims of medical malpractice is a testament to their commitment, expertise, and passion.

For a no-obligation, free consultation, contact the Harrisburg medical malpractice attorneys of Munley Law.

Common Types of Medical Malpractice in Harrisburg

Harrisburg Medical Malpractice LawyerMedical malpractice is not a singular, narrowly defined issue. It can occur in numerous forms, each carrying its unique complexities and challenges. In Harrisburg, medical malpractice attorneys frequently encounter a wide range of cases, […]

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Cancer Misdiagnosis Lawyer

Cancer Misdiagnosis Lawyer

If you or a family member have suffered because of a doctor’s incorrect or missed diagnosis of cancer, a cancer misdiagnosis lawyer at Munley Law Personal Injury Attorneys can help. Our medical malpractice lawyers have recovered millions of dollars on behalf of individuals and families who have suffered due to medical negligence, including settlements of $5 million, $4.35 million, $3.5 million, and $3.2 million. With over 250 years of combined legal experience and a firm that has been handling personal injury claims since 1959, we bring deep knowledge and proven results to every case.

One of our partners has been named Lawyer of the Year for Medical Malpractice Law, and another has been recognized among the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania. We have also consistently been named among the Best Lawyers in America, and have earned the highest client satisfaction ratings possible. […]

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Traumatic Brain Injury Lawyer

Choosing the right traumatic brain injury lawyer places your case in the hands of attorneys who understand the medical, legal, and financial challenges that follow a severe injury. Munley Law has earned a reputation as one of the top law firms for catastrophic injury litigation, backed by award-winning attorneys with more than 250 years of combined experience. Families turn to us because we have consistently been named to the Best Firms in America list, a reflection of the skill and commitment that define our work.

Our results show what dedicated representation can achieve. Our personal injury attorneys have secured dozens of seven and eight-figure awards for injury clients, including a landmark $26 million settlement and another $6.5 million settlement for brain injury victims. These outcomes are possible because we work with leading expert witnesses who strengthen every aspect of your case and help us present the full scope of a traumatic brain injury. […]

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Birth Injury Lawyers

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Pottsville Personal Injury Lawyer

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Pottsville Personal Injury Lawyer


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Accidents in Pottsville and surrounding communities can have an overwhelming physical, emotional, and financial toll. At Munley Law, our Pottsville personal injury lawyers provide skilled, compassionate representation for car accidents, truck accidents, workplace injuries, slip-and-falls, and medical malpractice cases throughout Schuylkill County.

Our Pottsville injury law firm was founded to provide skilled, compassionate representation that levels the playing field against powerful insurance companies. Whether you’ve suffered injuries on Route 61, in a mining accident, or due to medical malpractice at a local healthcare facility, our Schuylkill County personal injury attorneys have successfully recovered millions in compensation for clients just like you.

Contact our Pottsville personal injury law firm today for a free consultation. Located in downtown Pottsville, with no fees unless we win your case.

Do I Have A Case? […]

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Shippensburg Personal Injury Lawyer

When someone else’s negligent behavior injures you or a loved one, you need experienced legal counsel on your side. Whether you’ve been involved in a workplace accident or a vehicle crash, Munley Law’s Shippensburg personal injury lawyers can help.

We’ve represented clients in every type of personal injury case throughout Cumberland County, giving us the expertise to identify and establish the cause of your accident. Our attorneys specialize in cases related to Shippensburg’s primary industries: manufacturing, distribution, agriculture, and military contracting. No matter how complex your situation, Munley Law is committed to securing the justice you deserve.

If you were injured in Shippensburg, PA, our personal injury attorneys are on your side. Contact us today to schedule a free consultation.

Our Personal Injury Practice Areas in Shippensburg, PA

Munley Law offers comprehensive legal representation across a diverse range of injury cases throughout the Shippensburg community. […]

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Lower Paxton Township Personal Injury Lawyer

No one anticipates a life-altering accident. We don’t drive expecting a collision, so we rely solely on our vehicle’s safety features. We don’t climb scaffolding anticipating a fall, so we lack financial reserves for extended work absences. And nothing prepares us emotionally for losing someone we love to a preventable tragedy.

In the aftermath, legal action rarely tops our priorities. Yet because these devastating events weren’t part of our life plan, a personal injury claim often becomes the bridge between financial stability and ruin. This is where a Lower Paxton personal injury lawyer from Munley Law makes all the difference. For 65 years, our firm has supported Harrisburg-area residents, guiding Lower Paxton Township neighbors through complex injury cases to secure the compensation they deserve.

Our Lower Paxton personal injury lawyers serve clients throughout the township—from Colonial Park to Linglestown and all communities between. Choosing Munley Law means receiving personalized attention from nationally recognized attorneys who excel in personal injury advocacy. […]

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Upper Darby Medical Malpractice Lawyer

The Upper Darby medical malpractice lawyers at Munley Law understand the devastating impact that medical negligence can have on patients and their families. When healthcare providers treat patients with substandard care, the consequences can be life-altering. Our team has helped numerous Pennsylvania residents navigate complex medical malpractice cases, securing the compensation they need for additional medical care, lost wages, and long-term support.

Our board-certified trial lawyers represent Upper Darby residents in cases involving surgical errors, misdiagnosis, medication mistakes, birth injuries, and other serious circumstances. We work directly with medical experts to build strong cases that demonstrate how healthcare providers deviated from proper medical standards.

Unlike general practice law firms, we focus specifically on personal injury and medical malpractice, giving us deep insight into Pennsylvania’s medical malpractice laws and procedures.

Contact our medical negligence attorneys in Upper Darby today to schedule a free consultation. There is no fee for our services unless we win your case. […]

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Upper Darby Personal Injury Lawyer

If you need an Upper Darby personal injury lawyer, Munley Law provides experienced legal representation for accident victims throughout Delaware County. Our law firm has secured millions in compensation for clients who have suffered injuries due to car accidents, workplace incidents, medical malpractice, and other instances of negligence.

Our attorneys take on all types of injury cases in Upper Darby, from medical malpractice claims to multi-vehicle accidents. We handle the investigation, documentation, and legal work while you recover. Each client works directly with a senior attorney who manages their case from start to finish.

Many of our clients come to us after trying to handle insurance claims on their own. They quickly discover that insurance companies care more about profits than paying fair compensation. We step in, take over communications with insurers, and fight to get you the money you need to cover medical care, lost income, […]

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Norristown Medical Malpractice Lawyer

Medical mistakes in Norristown healthcare facilities can lead to severe injuries, mounting medical expenses, and lost wages. When medical negligence upends your life, the Norristown medical malpractice lawyers at Munley Law fight to protect your rights and secure the compensation you deserve. Our experienced attorneys have represented Montgomery County clients Norristown Medical Malpractice Lawyer, doctor holds head in hands after mistake in Norristownagainst major healthcare providers throughout Pennsylvania for 65 years.

Medical malpractice victims often feel powerless against large healthcare institutions and their insurance companies. Munley Law levels the playing field. Our legal team handles the legal process, from gathering medical records to consulting with specialists, while you focus on recovery.

We work with leading medical experts to investigate your case and prove negligence. Our board-certified trial attorneys have secured millions in verdicts and settlements for victims of medical malpractice in Montgomery County.

If medical negligence has harmed you or a loved one, […]

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West Chester Medical Malpractice Lawyer

When your doctor or other healthcare provider makes a harmful or life-threatening mistake, a medical malpractice lawsuit can hold them accountable and make sure you receive proper compensation for your losses. At Munley Law, we understand the devastating impact that medical errors can have on patients and their families. Our experienced West Chester medical malpractice attorneys have spent decades representing Pennsylvanians who have suffered because of someone else’s negligence. We are ready to get to work for you today.

If you or a loved one has experienced injuries due to medical negligence in West Chester or elsewhere in Chester County, contact Munley Law for a free consultation. Our attorneys will review your case and help you understand your legal options for pursuing compensation.

Holding Negligent Medical Providers Accountable in West Chester, PA

Medical negligence and malpractice can happen at any hospital, clinic, or specialist’s office. […]

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Can a Hospital Refuse to Treat a Patient?

A hospital doesn’t always have to provide treatment to patients seeking it. As this guide will address, there are circumstances when it’s legal for a hospital to deny treatment.

However, there are also situations, typically emergencies, when the law prohibits hospitals from refusing to treat patients. If you believe you’ve been denied treatment unfairly, speak with a medical malpractice attorney to learn more about your rights. At Munley Law, our medical malpractice attorneys are committed to fighting for the compensation you deserve. Get in touch today to schedule your free consultation.Can a Hospital Refuse to Treat a Patient?

Emergency Medical Treatment Laws

The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal statute that establishes patients’ rights and the hospital’s requirements in emergencies. The law specifically establishes the following:

  • An emergency medical department must provide a proper medical screening to anyone who visits the department requesting evaluation or care. […]

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How Long Does a Medical Malpractice Lawsuit Take in Pennsylvania?

How long does a medical malpractice claim take in Pennsylvania? It can take anywhere between 1-5 years to resolve, depending on the complexity of the case. After suffering serious injuries, this timeline can seem like an eternity. However, an experienced attorney at Munley Law will make you and your family their top priority.

At Munley, we equip our clients with as much information about their claim as possible. After all, knowledge equals power. We are going to do a deep dive into the details of a claim, which will help explain the process you’re going through.

A professional law office setup featuring two computer monitors, open legal books, and a telephone on a polished wooden desk at Munley Law Personal Injury Attorneys in Wilkes-Barre, PA. This image represents the legal research and case preparation required for handling medical malpractice lawsuits. Munley Law provides expert guidance on medical malpractice claims, helping clients navigate the legal process efficiently. Contact Munley Law at +1 570-399-0406 for a consultation on how long a medical malpractice lawsuit may take.

If you have more questions and want to speak with an experienced medical malpractice lawyer who can guide you through your claim, call the Munley law firm. Our attorneys have been successfully litigating medical malpractice claims since 1959. We deeply understand the trauma and stress you and your family are facing. […]

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Bethlehem Wrongful Death Lawyer

A Bethlehem wrongful death lawyer can help families seek compensation when negligence leads to the death of a loved one. At Munley Law Personal Injury Attorneys, our legal team combines over 60 years of experience with a proven track record of successful verdicts and settlements in the Lehigh Valley. We handle all aspects of wrongful death claims – from investigating the circumstances and determining liability to negotiating with insurance companies and proceeding to trial when necessary. While we aggressively pursue maximum compensation, we also provide compassionate guidance to help your family through this difficult process.

Contact us for a free consultation to discuss your wrongful death claim and learn how we can help protect your family’s future.

What is a Wrongful Death Lawsuit?

Personal Injury Attorney Marion Munley reading from a fileA wrongful death lawsuit is a type of action brought by the survivors or estate of a deceased person against the party or parties responsible for that person’s death.  […]

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Chances of Winning a Wrongful Death Settlement

The sudden loss of a loved one can be emotionally and financially devastating, making a wrongful death lawsuit a viable option for many families. Understanding the legal process and the factors that can affect the chances of winning is crucial before proceeding with a claim.

Understanding the Chances of Winning a Wrongful Death Settlement

Chances of Winning a Wrongful Death SettlementMany plaintiffs find that, depending on the circumstances of their case, there is a high likelihood that they will reach a settlement. Several factors can influence the chances of success in a wrongful death claim, including the strength of the evidence, the clarity of liability, and the presence of any contributing negligence. Additionally, the experience of your legal representation can significantly impact the outcome.  Recent data indicates a more favorable outcomes for plaintiffs in wrongful death lawsuits in Pennsylvania.

A wrongful death attorney who is well-versed in wrongful death cases can help advocate for your rights, […]

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Can I Sue My Doctor for Medical Malpractice If I Contracted Sepsis?

If you were provided medical care and that care resulted in contracting sepsis, you may be able to sue your doctor for medical malpractice. However, your ability to file a medical malpractice lawsuit for sepsis depends on the specific details of your case. To have a medical malpractice claim, a healthcare professional must have deviated from the expected standard of care, leading to your illness or injury.

The medical malpractice lawyers at Munley Law can help you understand your legal options if you’ve become ill or injured after medical care.

Elements of a Medical Malpractice Case for Sepsis

Can I Sue My Doctor For Medical Malpractice in If I Contracted Sepsis?Understanding the essential elements of a claim is key to successfully pursuing a lawsuit in medical malpractice cases like sepsis. In any personal injury case, the plaintiff must show four elements to prove that the medical professional or facility was responsible for the sepsis: duty of care, […]

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What Are the 5 Most Common Causes of Wrongful Death?

Learn about the five most common causes of wrongful death, including medical malpractice and accidents, and how to protect your rights.

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What Is a Wrongful Death vs Survival Action?

Losing a loved one is always incredibly painful, but losing someone tragically and unexpectedly due to someone else’s negligence can seem impossible to navigate. If your family member was a key financial supporter of your household, your grief is likely being compounded by extreme financial stress. You may be wondering how you can put your family member or spouse to rest, pay off their medical bills, and keep your household afloat, but you may have legal recourse through wrongful death or survival claims. At Munley Law, our wrongful death attorneys can walk you through your options to seek justice for your deceased family member and obtain financial support.

Understanding Wrongful Death Claims

A wrongful death claim is a type of lawsuit that serves to compensate a deceased person’s family members for the loss they have suffered as a result of their loved one’s death, […]

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Lancaster Medical Malpractice Lawyer

When you seek treatment from a healthcare provider in Lancaster, PA, you assume they will help you heal from injury and illness. You likely don’t imagine that a doctor will cause harm or that they will allow harm to befall you.
Lancaster medical malpractice attorneyUnfortunately, healthcare providers can be negligent. If you or a loved one have struggled with injuries, illness, medical bills, and other such consequences because a medical professional was negligent, you may seek compensation by filing a medical malpractice claim or lawsuit.

Serving the area for 65 years, the Lancaster medical malpractice lawyers at Munley Law can review your case and fight for the compensation you deserve if you decide to take action. Learn more by contacting us today for a free consultation.

Understanding Medical Malpractice in Lancaster, PA 

Medical malpractice occurs when a healthcare provider fails to provide a patient with the quality of care that a reasonable healthcare provider would generally offer in a given situation. […]

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Lancaster Uber Accident Lawyer

The path forward isn’t always clear when you’re hurt in an Uber accident in Lancaster. As an injured passenger, you may be dealing with medical bills, missed work, and the stress of recovery – all while trying to figure out who’s responsible for your injuries. At Munley Law, we’ve helped many Uber accident victims understand their rights and get the compensation they deserve, whether your Uber driver, another vehicle, or unsafe road conditions caused the accident. If you’re recovering from an Uber-related injury, let us handle your case while you focus on healing.

Understanding Uber Accidents in Lancaster, PA

As rideshare services like Uber become increasingly popular, the frequency of Uber accidents has risen — raising significant safety concerns. According to Uber’s U.S. Safety Report, Uber-related motor vehicle fatalities peaked at 153 in the 2021-2022 reporting period.  Fatalities aside, […]

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