Losing a loved one due to medical negligence is a tragedy that no family should have to endure. Families who believe that substandard medical care caused a relative’s death often have the right to pursue a wrongful death lawsuit. The wrongful death attorneys at Munley Law represent families in medical malpractice cases, helping them seek justice and financial recovery for the harm caused by negligent healthcare providers.
Our experienced medical malpractice lawyers for wrongful death cases address situations where medical negligence has led to a loss of life, including errors in diagnosis, surgical mistakes, medication errors, and other standard of care breaches. By combining extensive legal knowledge with deep investigative resources, we work to uncover the truth, hold the responsible parties accountable, and obtain the compensation families deserve.
There is no fee unless we win your case.
Why Choose Our Wrongful Death Medical Malpractice Lawyers at Munley Law
For more than 65 years, Munley Law has stood as a voice for the injured, the overlooked, and the families seeking accountability after devastating loss. Our mission is rooted in a simple but powerful belief that every person, regardless of background or resources, deserves equal access to justice, even against the largest corporations, insurance companies, or healthcare institutions.
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Justice for all: We believe that families should have the opportunity to hold negligent parties accountable and recover fair compensation when wrongful death occurs.
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Compassionate advocacy: Our attorneys and staff treat clients with the same respect and care we would extend to our own families, providing support throughout each stage of the legal process.
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Excellence in practice: Recognized year after year by Best Lawyers in America, Pennsylvania Super Lawyers, LawDragon, and the National Board of Trial Advocacy, our firm maintains the highest standards of skill and integrity.
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Fearless representation: We are experienced trial lawyers who prepare every case for the courtroom. This approach has led to multi-million-dollar settlements and verdicts in high-stakes cases.
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Community commitment: Giving back is part of who we are, with long-standing support for local charities, pro bono initiatives, and safety programs.
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Nationally recognized results: Our record includes some of the largest verdicts and settlements in Pennsylvania history, including recoveries in the tens of millions for victims of negligence.
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A legacy of advocacy: Munley Law was built on a foundation of public service, workers’ rights advocacy, and unwavering commitment to the people of Pennsylvania. Over three generations, our firm has grown into a nationally respected personal injury practice while remaining firmly rooted in our values of innovation, integrity, and care for our clients.
Our team has the experience, resources, and dedication to stand with you, pursue the truth, and seek the justice your loved one deserves.
How Medical Malpractice Can Lead to Wrongful Death
There are numerous ways that a medical error or medical negligence can result in a wrongful death. Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, hospital, or other medical professional, fails to provide treatment that meets the accepted standard of care, and that failure results in harm. For a wrongful death claim based on medical malpractice, the plaintiff must show:
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A doctor-patient relationship existed, establishing the provider’s duty of care
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The healthcare provider acted or failed to act in a way that deviated from accepted medical standards
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This deviation caused the patient’s death
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The death resulted in measurable damages for the surviving family members
Establishing wrongful death requires a firm with a specific set of skills, resources, and a respect for the families it serves. Our experienced medical malpractice wrongful death lawyers provide this combination, offering a focused and determined effort to secure a just result for our clients.
Medical Negligence Can Occur in Many Ways
Examples of medical malpractice and hospital negligence that can result in wrongful death include:
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Delayed or misdiagnosis of conditions such as cancer, heart attacks, strokes, or infections
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Surgical errors, such as operating on the wrong body part, leaving surgical instruments inside the body, or causing excessive bleeding
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Anesthesia mistakes, including incorrect dosages or failure to monitor the patient
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Medication errors, such as prescribing the wrong drug or dosage, or failing to recognize harmful drug interactions
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Birth injuries leading to the death of the mother or child
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Emergency room malpractice, including failure to appropriately triage, diagnose, or treat critical conditions promptly
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Failure to monitor patients after surgery or during hospitalization
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Inadequate infection control, resulting in deadly hospital-acquired infections
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Nursing home abuse or neglect, such as failing to provide adequate medical care, allowing dangerous living conditions, or ignoring signs of distress in vulnerable residents
These examples illustrate just some of the ways medical negligence can end a life prematurely. The next step in building a wrongful death claim is showing that this substandard care directly caused the loss, which requires thorough investigation and expert testimony.
Wrongful Death Law Overview
Wrongful death laws give certain surviving family members the right to pursue compensation when negligence, recklessness, or intentional misconduct of another party causes a person’s death. These laws hold wrongdoers accountable while helping families recover from the financial and emotional impact of losing a loved one. While the details vary by state, most wrongful death statutes address three main areas:
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Who can file: Typically, the personal representative of the decedent’s estate initiates the lawsuit on behalf of eligible beneficiaries, who may include spouses, children, and parents.
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What damages are recoverable: Common damages include funeral and burial costs, loss of the deceased’s income and benefits, and compensation for the loss of companionship, guidance, and care.
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Time limits for filing: Known as the statute of limitations, this deadline generally ranges from one to three years from the date of death, depending on the state. Pennsylvania’s statute of limitations is two years from the date of death.
Some states, including Pennsylvania, also allow for survival actions, which seek damages the deceased could have claimed if they had lived, such as pain and suffering before death. Plaintiffs often pursue wrongful death claims and survival actions together.
How Medical Malpractice Wrongful Death Cases Differ from Other Wrongful Death Claims
While wrongful death laws apply to a wide range of fatal incidents, such as vehicle collisions, workplace accidents, or defective products, cases involving medical malpractice have unique requirements. These cases involve proving that negligence occurred and that it took place in a medical setting where specialized standards of care apply. Key differences include:
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Proving the standard of care: In medical malpractice, the question is whether the healthcare provider acted as a reasonably skilled and competent professional would under similar circumstances. This requires detailed analysis of medical practices, protocols, and procedures.
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Expert testimony requirements: Most states require an affidavit, certificate, or other form of written statement from a qualified medical expert confirming that the claim has merit. This is a legal prerequisite before the case can proceed.
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Complex causation issues: It is not enough to show that a medical error occurred. The evidence must clearly link the error to the patient’s death. This often involves reviewing extensive medical records, autopsy findings, and multiple expert opinions.
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Institutional liability: Hospitals, clinics, and other healthcare facilities may be held responsible for the actions of their employees, systemic safety failures, or negligent hiring and supervision practices.
In Pennsylvania medical malpractice wrongful death cases, the law typically requires a written statement from a qualified medical expert. This statement affirms that the expert believes there is a reasonable probability that the healthcare provider’s conduct fell below accepted medical standards and caused the death. Without this step, the case cannot move forward.
A Medical Malpractice Wrongful Death Attorney Can Help You Pursue a Meaningful Financial Recovery
When a wrongful death results from medical negligence, the surviving family often faces emotional devastation and significant financial strain. A wrongful death claim seeks to restore a measure of economic stability by securing compensation for the losses caused. In Pennsylvania, damages are generally divided into those that address measurable financial impacts and those that compensate for personal, intangible losses.
Economic Damages
Economic damages represent the quantifiable financial losses tied to a wrongful death. These may include funeral and burial costs or loss of financial support and income from the individual. In some cases, you may also recover the cost of lost household services such as childcare, home maintenance, or other things you may need to outsource due to the loss.
In survival actions, these damages may also include medical costs.
Non-Economic Damages
Non-economic damages address the deeply personal losses that cannot be measured in dollars but profoundly affect the family’s well-being. These often relate to things like the loss of parental guidance for children, loss of companionship in daily life, and the emotional distress the family experiences.
Survival Actions
As mentioned, a survival action claim seeks compensation for damages the deceased could have recovered had they survived, such as pain and suffering endured before death and lost wages during that period.
Holding Hospitals and Medical Institutions Accountable for Medical Malpractice Wrongful Death
In the event of a medical malpractice wrongful death, hospitals and clinics can be held liable:
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Hiring unqualified staff
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Failing to train or supervise employees properly
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Maintaining unsafe staffing levels
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Implementing unsafe policies or procedures
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Ignoring patient safety protocols
In some states, before a lawsuit can proceed against a healthcare provider or institution, the case must be evaluated by a medical review panel. These panels, typically made up of medical professionals, review the evidence to determine whether the facts suggest a deviation from the standard of care. While Pennsylvania does not currently require this step, many other jurisdictions do, and the findings of such medical review panels can influence how you pursue a case.
Frequently Asked Questions
Who Can File a Wrongful Death Lawsuit for Medical Malpractice in Pennsylvania?
In Pennsylvania, the personal representative of the deceased’s estate must file a wrongful death claim. This is often the executor named in the will, or if there is no will, a person appointed by the court. The personal representative acts on behalf of the beneficiaries, which include the decedent’s spouse, children, and parents. If there are no such immediate family members, other heirs may be beneficiaries.
What Is a Certificate of Merit and Why Is it Required?
Pennsylvania law requires a certificate of merit from a qualified expert to review the facts and confirm that the case has merit before filing. This requirement is to prevent frivolous lawsuits.
How Are Settlements and Verdicts Distributed Among Family Members?
Pennsylvania law outlines how damages are divided, typically based on the beneficiaries’ relationship to the deceased. In most cases, the spouse and children share the award, or the parents if there is no surviving spouse or children.
What Evidence Can Support My Medical Malpractice Wrongful Death Case?
Evidence often includes medical records, autopsy reports, testimony from medical experts, witness statements, and documentation of the patient’s treatment and condition. The goal is to show a deviation from the accepted standard of care and a direct link between that deviation and the death.
How Much Does a Medical Malpractice Wrongful Death Attorney Cost?
Most wrongful death attorneys handling medical malpractice cases, including ours, work on a contingency fee basis. This means the attorney’s fee is a percentage of the recovery, and there are no upfront costs. If there is no financial recovery, you owe us nothing.
Take the First Step Toward Justice for Your Loved One
Medical malpractice wrongful death cases require careful investigation, credible expert testimony, and a law firm with the skill and resources to challenge healthcare providers and their insurers. Our wrongful death attorneys at Munley Law are committed to uncovering the truth, holding negligent parties accountable, and securing the compensation your family deserves.
If you believe medical negligence caused the loss of your loved one, the sooner you speak with an attorney, the better positioned you are to protect your rights. We invite you to contact our office for a free consultation. Let us review your case, answer your questions, and explain how we can help you pursue the justice owed to your loved one.
