Medical malpractice law and other professional negligence in Pennsylvania states that a doctor or other medical provider may be found liable where the conduct of the doctor or employees of the medical provider fell below the applicable standard of reasonable medical practice.

As experienced lawyers, we know that medical malpractice errors are responsible for between 44,000 and 98,000 wrongful deaths every yearin American hospitals each year. More people die from medical mistakes than from all car accident deaths. Medical malpractice mistakes involving medication errors cause injuries to over 1.3 million persons a year.

The incidents of medical errors means that each day between 121-268 people die as a result of errors. This equals and exceeds the number killed in traffic accidents per year (43,450) or those who die yearly from breast cancer (42,300). In addition to this, medical errors can cause personal injuries such as: birth trauma, brain injury, paralysis, amputation, disability, disfigurement and other serious injuries.

The injured person / patient is not required to establish that the negligent acts or omissions were the sole cause of his injuries and can establish a prima facie case of medical negligence (malpractice) by proof that the provider failed to exercise reasonable care in performing services to him as a patient; that this failure increased the risk of harm or injury to the patient; and, that such harm did in fact result.

The negligent health care provider may not be the doctor, nurse or a member of the staff. It is possible that the individual is a lab or x-ray technician with certain qualifications for operating advanced medical equipment or interpreting results of tests.

Some examples of medical malpractice or negligence are misdiagnosis which results in delayed or inappropriate treatment. Physical injury can include disfigurement, loss of limb, permanent or disfiguring scars, disability, and other bodily injuries. Mental harm might include emotional trauma, mental anguish, embarrassment, loss of love and affection, or loss of enjoyment. Lifelong disabilities can result from negligent surgical treatment, dangerous delivery procedures for newborns and/or incorrect and sometimes deadly prescriptions.

A facility or company may also be liable for malpractice. Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law – even a class action lawsuit.

Some examples of medical mistakes are:

  1. Failure to protect a patient from a fall or other injury on hospital property.

  2. Failure to administer medications properly.

  3. Failure to manage a pregnancy or deliver a baby in a safe manner.

  4. Failure to properly treat a patient’s medical condition.

  5. Misdiagnosis of a medical condition.

Whether your injuries were caused by an accident, malicious intent, or a defect in a product’s design, production or labeling, you have the right to seek compensation for economic and non-economic damages. If you have suffered physical or emotional harm because of someone else’s unreasonable negligence, you are entitled to file a claim against the party at fault.

Only an experienced lawyer who knows Pennsylvania’s intricate medical malpractice laws, the court system and individual rights can effectively prove your physical and/or mental injury under state laws. Munley, Munley & Cartwright’s medical malpractice lawyers will evaluate your case thoroughly and explore all potential sources of recovery. We will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim. Most cases are brought before an arbitration panel prior to court. It is always advisable to be represented by an attorney during arbitration.

We have offices conveniently located in Stroudsburg, Carbondale, Hamlin, Hazleton, Scranton, and Wilkes-Barre, PA. We have the benefit of the local presence within and knowledge of the local legal communities where medical malpractice matters are litigated. Our firm has built a reputation over 40 years in the courts within Lackawana, Monroe, Schuylkill, Wayne, Luzerne, and Wyoming counties. Our goal is to provide exceptional legal services to our clients.

If you or a loved one have been harmed by doctor error, misdiagnosis, or other form of medical negligence, you may have a medical malpractice claim. You could be eligible to receive compensation for the damages caused to your family. ‘The Family of Lawyers’ at Munley, Munley & Cartwright are experienced, and successful, medical malpractice litigators – we fight to protect the rights of patients.


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