Serving Scranton and Lackawanna County
Serving Scranton and Lackawanna County
A poor outcome is not the same thing as negligence, and most people who suspect something went wrong have no way of telling the difference from the records alone. A medical malpractice claim turns on whether the care fell below the accepted standard and whether that is what caused the harm. This page sets out what has to be proved, what Pennsylvania requires before a case can proceed, and the deadlines that apply.
A few lines is enough to start. Nothing you send here creates a lawyer-client relationship.
If your deadline is close, call the office rather than sending a form.
Medicine carries risk, and a bad result on its own proves nothing. A claim arises where a doctor, nurse, hospital or other provider departed from the standard of care that a reasonably careful provider would have met in the same circumstances, and where that departure caused an injury the patient would otherwise have avoided.
That second part does most of the work. Many patients are already unwell when the negligence occurs, so the defence is usually that the harm came from the underlying condition rather than the care. Separating the two is a question for medical experts working from the complete record, not from a summary or a discharge letter.
These cases are slower and more document heavy than other injury claims. Records have to be gathered from every provider involved, reviewed by an appropriate specialist, and reconciled against what was actually done and when. Cases are heard locally, and hospitals and their insurers defend them properly.
A duty of care. A provider-patient relationship, which is rarely in dispute once treatment has been given. It extends to the hospital and to staff acting on its behalf, not only to the treating doctor.
A departure from the standard of care. Proved through a qualified expert in the relevant field. Common examples include missed or delayed diagnosis, medication and dosing errors, surgical error, failures to monitor, and treatment given without proper informed consent.
Causation and loss. That the departure, rather than the illness itself, produced the harm, and that the harm can be valued: further treatment, lost earnings, care needs, and pain and suffering.
Pennsylvania does not allow a professional liability case to sit on the docket unsupported. Within sixty days of filing, the claim has to be backed by a certificate of merit stating either that an appropriate licensed professional has found a reasonable probability that the care fell outside acceptable standards, or that expert testimony is not required. Missing that step can end a case regardless of its merits.
In practice this means the expert review happens before proceedings, not after. It is also why an honest early answer is possible: if a specialist reviews the record and finds the care defensible, we will tell you that rather than issue a claim that cannot be supported.
Pennsylvania generally allows two years to bring a medical negligence claim. Because the harm is often not obvious at the time, the period can run from when the injury and its cause were discovered, or reasonably should have been. Claims involving children, and claims following a death, are treated differently again. These dates turn on the facts, so it is worth confirming yours early rather than assuming the clock started when you left hospital.
If yours is not here, the answer is usually a short phone call rather than a long page.
These claims are taken on a contingency basis: a percentage of what is recovered, and nothing if there is no recovery. Medical malpractice cases also carry real costs for records and expert review, which the firm advances rather than asking you to fund. The arrangement is put in writing before any work begins.
No, and this is the most common misunderstanding. Treatment can be carried out properly and still go badly, and some conditions carry a poor prognosis whatever is done. The question is whether the care itself fell below the accepted standard and whether that is what caused the harm.
In almost every case, yes. Pennsylvania requires a certificate of merit within sixty days of filing, supported by an appropriate licensed professional who has reviewed the record. The expert review therefore happens before proceedings are issued rather than during them.
Two years is the general period, but because medical harm is often not apparent straight away, the period may run from when the injury and its cause were discovered or reasonably should have been. Claims involving children and claims following a death follow different rules. Confirm your date early rather than assuming.
Longer than most injury claims. Gathering complete records and obtaining expert review takes months before anything is filed, and contested cases can run well beyond a year after that. We will give you a realistic view once a specialist has read the record.
Most cases resolve without a trial, though you should expect to be deposed at some stage and to be examined by a doctor instructed by the defence. If the case does go to trial, you will be prepared well in advance rather than on the day.
A single attorney takes responsibility for each case and remains the point of contact throughout. A short conversation is usually enough to tell you whether there is a claim worth pursuing and what the next step is.
Office address to be supplied, Scranton, Pennsylvania. Nothing sent through this site creates a lawyer-client relationship.
