Serving Scranton and Lackawanna County
Serving Scranton and Lackawanna County
A poor medical outcome does not automatically mean malpractice. When treatment goes wrong, patients and families often cannot tell from medical records alone whether a healthcare provider failed to meet the required standard of care or whether the injury resulted from the underlying condition.
Munley Law’s medical malpractice lawyers help people in Scranton and throughout Lackawanna County understand what happened, whether the care may have fallen below the applicable standard, and what options may be available.
Medical malpractice claims require careful review of the medical evidence, expert support, and close attention to Pennsylvania’s procedural and filing requirements.
Consultations are free with no obligations
If your deadline is close, call the office rather than sending a form.
Medical malpractice generally involves a healthcare provider failing to meet the applicable standard of care and causing harm as a result. The claim may involve a physician, nurse, hospital, or another licensed healthcare professional.
A poor result by itself is not enough. Even appropriate treatment can have an unexpected outcome, and some medical conditions carry significant risks regardless of the care provided. The key questions are whether the provider departed from the appropriate standard of care and whether that departure caused an injury.
These cases are slower and more document heavy than other injury claims, and Munley Law enlists the help of medical experts to understand if medical malpractice has occurred. Records have to be gathered from every provider involved, reviewed by an appropriate specialist, and reconciled against what was done and when.
A duty of care. The healthcare provider owed the patient a professional duty. A provider-patient relationship will usually establish this requirement.
A departure from the standard of care. The provider's treatment, decision, or omission fell outside the level of care expected under the circumstances. Depending on the case, this may involve a missed diagnosis, delayed diagnosis, medication error, surgical error, failure to monitor a patient, or another departure from accepted practice.
Causation and loss. The departure from the standard of care caused an injury that resulted in compensable losses. Those losses may include additional medical treatment, lost income, ongoing care needs, and physical or emotional harm.
The distinction between an unfortunate result and negligence matters. Our attorneys review the available evidence carefully rather than assuming that an injury proves malpractice.Pennsylvania generally requires a certificate of merit in professional liability cases. Under Pennsylvania Rule of Civil Procedure 1042.3, a certificate must be filed with the complaint or within 60 days after the complaint is filed, unless an applicable exception applies.
The certificate generally confirms that an appropriate licensed professional has supplied a written statement supporting a reasonable probability that the care fell outside acceptable professional standards and caused the harm. Because this requirement can affect whether a case proceeds, we address expert support and the certificate of merit at the appropriate stage rather than treating them as an afterthought.
The general Pennsylvania statute of limitations for an action seeking damages for personal injury or death caused by negligence is two years, under 42 Pa.C.S. § 5524. Medical malpractice cases can involve additional rules, including the discovery rule and the medical professional liability statute of repose.
Under Pennsylvania's MCARE Act, a medical professional liability claim generally cannot be commenced more than seven years after the alleged malpractice, subject to statutory exceptions. Different rules can apply to claims involving minors, foreign objects, and death or survival actions. These deadlines depend on the circumstances of the claim. If you believe medical negligence caused your injury, we recommend addressing the matter promptly rather than assuming the filing period starts or ends on a particular date.If your question is not answered here, contact us for a free consultation.
Munley Law handles qualifying medical malpractice cases on a contingency-fee basis, meaning legal fees are generally paid from a recovery rather than requiring an upfront legal fee. Medical malpractice claims can also involve substantial costs for records, medical review, and expert testimony.
Our attorneys discuss the fee arrangement and case expenses with you before moving forward, so there is a clear understanding of how the representation will work.
No, a treatment can meet the applicable standard of care and still produce a poor or unexpected result.
The issue is whether the healthcare provider failed to meet the appropriate standard of care and whether that failure caused the injury. That determination requires more than simply looking at the outcome.
In most medical malpractice cases, expert support is essential. Pennsylvania’s certificate of merit requirement generally requires an appropriate licensed professional to support the allegations of professional negligence.
The expert’s review helps establish whether the care departed from the applicable standard and whether that departure caused the claimed harm.
Two years is the general limitations period for personal injury claims, but medical malpractice cases can involve the discovery rule, the MCARE Act’s statute of repose, and specific rules for minors and death or survival claims.
We recommend discussing a potential claim as early as possible, as the applicable deadlines depend on the facts of your claim.
Medical malpractice cases often take longer than straightforward injury claims because the medical records must be collected and reviewed, qualified experts may need to evaluate the care, and the opposing side may dispute both negligence and causation.
Once we understand the medical evidence and circumstances, we can explain the likely stages of the case and what the client should expect.
You won’t necessarily have to go to court. Some medical malpractice cases resolve before trial, but you may still need to participate in depositions, medical examinations, or other parts of the litigation process.
If your case proceeds to trial, our Scranton personal injury lawyers prepare you carefully so you understand what will happen and what will be expected of you.
A single attorney handles your case from start to finish, giving you one consistent point of contact. A brief conversation can usually determine whether you have a viable claim and what steps to take next.
Please note that sending a message to our office does not create a lawyer-client relationship.
