If you or a loved one suffered harm due to hospital negligence in Wilkes-Barre, Pennsylvania, a Wilkes-Barre medical malpractice lawyer at Munley Law can help you pursue the financial recovery available under Pennsylvania law.
When healthcare providers provide substandard medical care, the physical, emotional, and financial impact can be devastating.
Hospital and medical negligence is increasingly prevalent in Wilkes-Barre, Pennsylvania, and across the United States. Hospitals are consistently understaffed, and the healthcare and insurance systems strain doctor-patient relationships. Nobody should suffer further injury or illness due to hospital negligence, and you shouldn’t have to face it alone. Our award-winning medical malpractice lawyers are committed to helping you pursue the compensation due to you, including medical bills, lost wages, pain and suffering, and other damages.
With almost 70 years of legal experience representing injured patients and families across Northeastern Pennsylvania, our competent team will assess your case, explain your legal options, and handle each step of the claims process while you focus on your recovery. We have extensive experience in hospital negligence and malpractice lawsuits and have secured millions of dollars in compensation for those whose health suffered as a result of substandard medical care. Call Munley Law today for a free consultation.
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Hospital Negligence Statistics
- In 2024, there were 1,548 medical malpractice filings in Pennsylvania, 55 of which occurred in Luzerne County.
- In the same year, there were 974 payouts for malpractice filings in the state, with the leading allegation being “failure to diagnose.”
- Pennsylvania had the fourth-highest number of payouts in the United States.
What Are Your Legal Options for Hospital Negligence in Luzerne County?
Wilkes-Barre has certainly seen its fair share of high-profile hospital negligence and medical malpractice cases. Unfortunately, medical malpractice is still the third leading cause of death in the United States.
Here is what you should know about filing a claim against a healthcare provider for hospital negligence in Luzerne County, PA:
- There is a difference between hospital negligence and medical malpractice. You should consult a personal injury lawyer to decide if you have a valid medical malpractice claim.
- The statute of limitations in Pennsylvania (42 Pa.C.S. § 5524) is two years from the date of the injury. You must file your claim within that time frame.
- Although most medical malpractice claims must be filed within two years, Pennsylvania’s MCARE Act also establishes a seven-year statute of repose for most claims under 40 P.S. § 1303.513(a). Because exceptions may apply, speaking with an attorney as soon as possible is important.
- Under Pa.R.C.P. 1042.3, the injured patient must have a certificate of merit to file a hospital negligence claim. It requires confirmation by a “qualified expert” that the hospital personnel did not meet the expected standard of care owed to you. The certificate of merit and expert report must be submitted within 60 days of the lawsuit being filed.
- The hospital negligence lawsuit must be filed in the county where the malpractice occurred. If the malpractice occurred at Wilkes-Barre General Hospital, you may file in Luzerne County. However, you must file elsewhere if the malpractice occurred outside the county limits.
- In Pennsylvania, there is no cap on damages. Speak to a Munley Law Wilkes-Barre medical injury attorney near you to discuss your case and the compensation you may receive for your injuries.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity. Three generations of Munleys have built this firm on one belief: that injured people deserve the same fierce advocacy that the powerful receive as a matter of course. That belief still drives everything we do.”
Caroline Munley
What is Hospital Negligence vs. Medical Malpractice?
Although these terms are often used interchangeably, there is a legal difference between hospital negligence and medical malpractice. 
Hospital negligence generally refers to failures by a hospital or its staff to provide appropriate care, supervision, staffing, or safety procedures.
Medical malpractice occurs when that failure falls below the accepted standard of care and causes injury to a patient.
In claims of medical malpractice, the patient is often injured due to:
- Cancer misdiagnosis claims
- Birth injuries
- Surgical mistakes in hospitals
- Medication and prescription errors
- Anesthesia errors
- Faulty medical devices
- Lack of informed consent
Hospital Infections
Hospital-acquired infections are among the most common consequences of hospital negligence. These infections occur during a patient’s hospital stay. It’s important to note that the infection did not occur due to anything the patient did. It is not related to their health or the illness or injury that brought them to the hospital in the first place. A patient who develops a hospital-acquired infection would not have gotten it if they hadn’t gone to the hospital.
The most common hospital-acquired infections are urinary tract infections, bloodstream infections, surgical site infections, and hospital-acquired pneumonia.
Lack of Hospital Staffing, Training, or Supervision
According to the National Library of Medicine, the proper standard of care is the benchmark that determines whether professional obligations to a patient have been met. That standard includes adequate staffing, proper training, and qualified supervision of the medical personnel. Without these, the hospital is putting the patient in danger of serious medical errors that can be devastating to the patient’s health.
Provider Malpractice
In most medical malpractice claims, the obvious defendant is the healthcare provider who did not provide quality care and whose negligence directly caused harm to the patient. However, according to the doctrine of respondeat superior and vicarious liability, the hospital may also be liable for the provider’s negligence in a medical malpractice claim. Respondeat superior holds the employer vicariously liable for the employee’s negligence as long as the employee’s actions were committed within the scope of his or her employment.
What Compensation is Available in a Wilkes-Barre Hospital Negligence Case?
In medical malpractice cases, you may receive three types of damages: economic, non-economic, and punitive. Economic damages are tangible monetary losses, including medical expenses, lost wages, and loss of earning capacity. In a Wilkes-Barre wrongful death lawsuit, economic damages may include funeral and burial costs, as well as lost future earnings.
Non-economic damages are intangible losses, like pain and suffering, emotional distress, and post-traumatic stress disorder. In wrongful death cases, the surviving family members may also be awarded compensation for loss of consortium. Loss of consortium is damages paid for the loss of companionship, love, and guidance.
Finally, punitive damages are awarded in rare cases of hospital negligence claims. Punitive damages punish the defendant if their negligence was egregious and deter the healthcare provider from behaving that way in the future.
How a Munley Law Wilkes-Barre Hospital Negligence Attorney Can Help
As you begin your hospital negligence claim journey, it’s important to know that the burden of proof falls upon the injured patient. If you accuse a hospital or medical professional, it’s up to you to prove your claim. You may claim that various hospital personnel, like doctors, physician assistants, nursing staff, and other personnel, should provide patient care.
While your situation may seem obvious, you must remember that hospitals have powerful insurance companies behind them. They will not easily admit fault. Having an experienced medical malpractice attorney by your side is your best chance at filing a successful hospital negligence case.
A medical malpractice law firm helps in many ways during your claim. They give legal advice, investigate your case, hire expert witnesses, negotiate with insurers, and go to court if needed. Most importantly, they prove the four elements of negligence. These elements must be proven for you to win your claim. Here’s the strategy your medical malpractice lawyer will take:
Building a successful hospital negligence claim requires gathering medical records, consulting qualified medical experts, identifying how the accepted standard of care was not met, and demonstrating how that failure caused your injuries. Our attorneys coordinate each step of that process and prepare your claim for negotiation or trial, if necessary.
Why Choose Munley Law to Help with Hospital Negligence Claims in Wilkes-Barre?
- Over nearly seven decades, Munley Law has represented many patients and their families and secured millions in settlements, including a $5 million payout in a medical malpractice suit.
- Munley Law attorneys have earned some of the highest legal honors, including AV Preeminent Ratings from Martindale-Hubbell, the highest possible peer review rating for ethical standards and legal ability.
- Daniel Munley received the 2025 Platinum Client Champion Award, and Caroline Munley earned the 2025 Silver Client Champion Award.
- Multiple partners are recognized on the Lawdragon 500 Leading Plaintiff Consumer Lawyers list.
- Caroline Munley is named to the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania by the National Trial Lawyers Association
- Marion Munley has been named Best Lawyers Lawyer of the Year for Medical Malpractice Law
FAQs About Hospital Negligence in Wilkes-Barre
What is the Difference Between Hospital Negligence and Medical Malpractice?
Hospital negligence refers to a failure by healthcare providers to meet the expected standard of care, even if no injury results. Medical malpractice is a specific form of negligence that causes harm or worsens an illness for the patient. You may only have a malpractice claim if the negligence led to injury.
How Long Do I Have to File a Medical Malpractice Lawsuit in Pennsylvania?
Generally, you have two years from the date of injury to file a medical malpractice lawsuit in Pennsylvania. It’s important to act promptly because missing this deadline can bar your case.
What is a Certificate of Merit, and Why is it Required?
Pennsylvania requires a Certificate of Merit in medical malpractice cases. This certificate, signed by a qualified medical expert, confirms that there is a reasonable basis to believe the healthcare provider didn’t meet the standard of care. It must be filed early in the litigation process.
Can I Sue The Hospital and the Individual Provider?
Yes, you can sue the hospital and the individual provider. The negligent individual healthcare provider can be named as a defendant, and under legal doctrines like respondeat superior, the hospital can also be held liable for its employee’s negligence.
What Types of Damages Can I Recover for Hospital Negligence?
You may be entitled to economic damages (medical bills, lost wages), non-economic damages (pain and suffering, emotional distress), and, in some cases, punitive damages if the conduct was especially grievous.
Do I Need a Lawyer to File a Hospital Negligence Claim in Wilkes-Barre?
While you’re not legally required to hire an attorney, hospital negligence and medical malpractice claims involve detailed medical evidence, expert testimony, and specific procedural requirements under Pennsylvania law. Pennsylvania law requires medical experts, detailed evidence, and strict procedural compliance. An experienced Wilkes-Barre medical malpractice lawyer can help protect your rights, gather expert testimony, and handle negotiations with hospital insurers.
Schedule a Free Consultation with a Wilkes-Barre Hospital Negligence Lawyer
At Munley Law, our medical neglect attorneys offer a free consultation to new clients. During your confidential consultation, you will speak with an experienced medical malpractice lawyer who will walk you through the steps of the claims process. We have the resources and the financial backing to take on large local hospitals and their insurance companies. From your initial consultation through settlement negotiations or trial, your attorney will remain available to answer questions and advocate for your interests.
Our hospital negligence attorneys work on a contingency fee basis. That means you don’t pay a dime upfront. You only owe your attorney a fee if they win your case. Contact us today to set up your no-obligation consultation and get your claim started.
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.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on September 2, 2026.
