Pennsylvania Medical Malpractice Lawyer

Medical errors are the third leading cause of death in the United States, claiming over 250,000 lives every year. If you or someone you love was harmed by a doctor, hospital, or healthcare provider in Pennsylvania, you may be asking: can I sue my doctor? Do I have a medical malpractice case? The answer depends on your situation, but you deserve answers.

At Scartelli Olszewski, P.C., we have fought for medical malpractice victims across Northeastern Pennsylvania since 2001. Our results include a $10 million verdict for a young man harmed by medical negligence, a substantial malpractice settlement for a family devastated by preventable error, and numerous six and seven-figure recoveries for our clients. We work on a no-win, no-fee basis. You pay nothing unless we recover medical malpractice compensation for you.

Start your free medical malpractice case review or call 570-346-2600 today. There is no upfront cost and no fee unless we win.

Our Medical Malpractice Results

We have recovered millions of dollars for victims of medical negligence throughout Pennsylvania. Here are some of our notable results:

• $10 Million Verdict – A young man suffered catastrophic injuries due to medical negligence. Read about this case.
• $2.2 Million Settlement – Tractor-trailer injury case involving medical complications.
• $1.8 Million Settlement – Work truck injury with significant medical damages.
• $650,000 Settlement – Motor vehicle accident with delayed diagnosis of injuries.
• Multi-Million Dollar Settlements – Numerous cases involving surgical errors, birth injuries, and hospital negligence.

Every case is different, and past results do not guarantee future outcomes. But these results demonstrate our ability to fight for and win significant compensation for our clients. View more case results.

What to Do If You Suspect Medical Malpractice

If you believe a healthcare provider made a mistake that harmed you, the steps you take now can make or break your case. Recognizing the signs of medical malpractice is the first step. These include unexpected complications, worsening symptoms after treatment, a different doctor expressing concern about your care, or discovering information was withheld from you. Medical malpractice cases are complex, and evidence can disappear quickly. Here is what to do if you suspect medical malpractice.

1. Seek Immediate Medical Attention

Your health comes first. If you are experiencing symptoms from a suspected medical error, get treatment right away. Go to a different doctor or hospital than the one that may have harmed you. This creates a record of your current condition and ensures you are getting proper care going forward.

2. Request Your Complete Medical Records

Pennsylvania law gives you the right to access your medical records. Request copies of all records related to your treatment, including hospital records, lab results, imaging studies, nursing notes, and operative reports. Do this quickly because records can be altered or lost. Ask for the complete chart, not just a summary.

3. Document Everything

Write down everything you remember about your treatment: dates, names of providers, what was said, what treatments were given, and when symptoms appeared. Keep a journal of how

your injury affects your daily life. Save all medical bills, prescription receipts, and correspondence with healthcare providers.

4. Do Not Sign Anything or Give Statements

Hospitals and their insurance companies may contact you quickly after an incident. Do not sign any documents, accept any settlements, or give recorded statements without first speaking to an attorney. What you say can be used to reduce or deny your claim.

5. Contact a Pennsylvania Medical Malpractice Lawyer

When should you call a medical malpractice attorney? As soon as possible. Pennsylvania has strict requirements for filing medical malpractice cases, including a Certificate of Merit that must be obtained from a qualified medical expert. The two-year statute of limitations starts running from when the malpractice occurred or when you discovered (or should have discovered) the harm.

Contact our team or call 570-346-2600 for a free case review. We can help you understand whether you have a case and what your next steps should be.

Common Types of Medical Malpractice

Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, causing harm to a patient. Understanding the most common types of medical malpractice can help you recognize if you have a case.

Misdiagnosis, Failure to Diagnose, and Delayed Diagnosis

Misdiagnosis is the leading cause of medical malpractice lawsuits, accounting for about 34% of claims that result in serious harm. Failure to diagnose a condition, or a delayed cancer diagnosis, can mean the difference between life and death. Missed stroke diagnoses, cancer misdiagnosis, heart attack misdiagnosis, and failure to identify sepsis infections can turn treatable conditions into fatal ones. If you need a cancer misdiagnosis lawyer or help with any diagnostic error, understanding how delayed diagnosis factors into malpractice cases is critical.

Surgical Errors

Surgical mistakes account for roughly 25% of medical malpractice claims. These include routine surgeries that lead to dire consequences, wrong-site surgeries (operating on the wrong body part), wrong-patient surgeries, leaving surgical instruments or sponges inside the body, nerve damage from surgery, and post-operative complications from improper medical treatment. Some of these are so clearly preventable that they are called “never events” in the medical field. If you suffered harm from a surgical error, you may have grounds for a post-operative complications lawsuit.

Medication Errors

The FDA receives over 100,000 reports of medication errors each year. These mistakes include prescribing the wrong drug, incorrect dosages, dangerous drug interactions, and dispensing errors at pharmacies. Do you have a medication error case? If you were harmed by a prescription mistake, pharmacy errors can have devastating consequences.

Birth Injuries

Birth injuries affect roughly 3 newborns every hour in the United States. OB-GYN malpractice is among the most common types of medical negligence claims. These can include cerebral palsy caused by oxygen deprivation, brachial plexus injuries (Erb’s palsy), spinal cord injuries, and brain damage from delayed C-sections. Did negligence lead to your child’s birth injury? These cases require immediate investigation because evidence about labor and delivery can be lost quickly.

Anesthesia Errors

Anesthesia errors can have catastrophic consequences, including brain damage and death. Mistakes include giving too much or too little anesthesia, failing to monitor vital signs, not reviewing patient history for allergies, and improper intubation. Because patients are unconscious, they rely entirely on the anesthesiologist to keep them safe.

Emergency Room Errors

Emergency rooms are fast-paced environments where common ER mistakes happen frequently. Emergency room misdiagnosis is alarmingly common. Patients are sometimes discharged too quickly, critical symptoms are missed, or tests are not ordered. Heart attacks, strokes, and internal bleeding can be missed when ER staff are rushed or understaffed.

Hospital-Acquired Infections

On any given day, about 1 in 31 hospitalized patients has at least one healthcare-acquired infection. Hospital infections from surgical sites, catheters, or unsterile conditions can lead to sepsis, extended hospital stays, and death. MRSA infection lawsuits and sepsis wrongful death

claims are increasingly common. Hospitals have a duty to follow infection control protocols, and a hospital negligence lawsuit may be appropriate when they fail.

Nursing Malpractice

Nurses play a critical role in patient care. Nursing malpractice includes medication administration errors, failure to monitor patients, not reporting changes in condition to doctors, and patient falls. Nursing homes can also be liable for nursing home abuse and neglect.

No matter what type of medical error harmed you, get your case reviewed or call 570-346-2600 today.

What Is Your Medical Malpractice Case Worth?

One of the first questions victims ask is: how much can I sue for medical malpractice? The average medical malpractice payout in Pennsylvania reached $526,000 in 2024, the highest in state history. However, case values vary widely. Minor injuries may settle for tens of thousands, while catastrophic cases involving brain damage, paralysis, or death can result in million dollar medical malpractice verdicts. Pennsylvania has seen some of the largest medical malpractice settlements in the country.

Understanding the different types of damages helps you know what to expect.

Economic Damages (Your Actual Financial Losses)

These are the dollars-and-cents losses you can prove with bills and records:

• Medical Expenses: Hospital bills, surgeries, medications, rehabilitation, therapy, medical equipment, and all future treatment costs. Understanding how medical expenses factor into your compensation is critical.
• Lost Wages: Income you lost while recovering, including sick days, bonuses, and benefits.
• Reduced Earning Capacity: If your injury prevents you from doing your old job or limits future earnings, you can recover those losses.
• Home Care and Modifications: Costs for in-home care, wheelchairs, home modifications, and assistance you need because of your injury.

Non-Economic Damages (The Human Cost)

These cover how the malpractice affects your life beyond money:

• Pain and Suffering: Physical pain from your injury and treatment.
• Emotional Distress: Anxiety, depression, PTSD, and mental anguish.
• Loss of Enjoyment of Life: When you can no longer do activities you loved.
• Disfigurement: Scarring or permanent physical changes.
• Loss of Consortium: How your injury affects your relationship with your spouse.

Good news for Pennsylvania victims: Unlike some states, Pennsylvania does not cap economic or non-economic damages in medical malpractice cases. You can recover the full value of your losses.

Punitive Damages (Punishment for Extreme Negligence)

In rare cases involving intentional misconduct or reckless disregard for patient safety, you may recover punitive damages. Pennsylvania caps punitive damages at 200% of compensatory damages or $500,000, whichever is greater.

Wrongful Death Damages

If medical malpractice caused the death of your loved one, you may be able to file a wrongful death claim. These cases allow families to recover funeral expenses, lost financial support, and compensation for the loss of companionship. Learn about steps to take after a loved one dies in the hospital.

Submit your case for review or call 570-346-2600 to find out what your case could be worth.

Why Medical Errors Happen

Understanding why medical errors happen can help you recognize when negligence may have played a role in your injury. While some complications are unavoidable, many errors are caused by systemic failures that could have been prevented.

Communication Breakdowns

Poor communication is one of the leading causes of medical errors. Information gets lost when patients transfer between departments, shifts change, or specialists fail to share findings with primary care doctors. Critical test results may not reach the right provider, or verbal orders may be misunderstood.

Understaffing and Fatigue

Hospitals and clinics that operate with insufficient staff put patients at risk. Overworked nurses may miss warning signs. Exhausted residents working long shifts make mistakes they would not make when rested. Studies show medical errors increase significantly when providers are fatigued.

Inadequate Training and Supervision

Not all healthcare providers receive the same level of training. Inexperienced residents may perform procedures beyond their skill level without proper supervision. Staff may not be trained on new equipment or protocols. These failures create opportunities for preventable errors.

System and Technology Failures

Electronic medical records can reduce errors, but they can also cause them. Alerts may be ignored due to “alarm fatigue.” Information may be entered incorrectly. System outages can leave providers without access to critical patient information.

Failure to Follow Protocols

Hospitals have protocols for a reason. When providers skip steps, fail to wash hands, or ignore checklists, patients suffer. Preventable hospital mistakes often result from failure to follow established safety procedures.

When these systemic failures harm patients, hospitals and providers can be held accountable. Contact us to discuss whether negligence contributed to your injury.

The 4 D’s: What You Must Prove in a Medical Malpractice Case

Pennsylvania law requires you to prove four elements, known as the 4 D’s of medical malpractice, to have a valid case. If any one of these elements is missing, your case cannot proceed.

1. Duty

You must show that the healthcare provider had a duty to care for you. This is usually established by showing a doctor-patient relationship existed. If you were treated at a hospital, by a doctor’s office, or by any licensed healthcare provider, a duty of care was created.

2. Dereliction (Breach of Duty)

You must prove the provider failed to meet the standard of care. The standard of care is what a reasonably competent healthcare provider in the same specialty would have done under similar circumstances. This requires expert testimony from a qualified medical professional who can explain how the defendant’s care fell below accepted standards.

3. Direct Cause

You must prove the provider’s negligence directly caused your injury. This is often the hardest element to prove. You need to show that your harm would not have occurred if proper care had been provided, and that the negligence was a substantial factor in causing your injury.

4. Damages

You must have suffered actual damages, meaning real harm that can be compensated. This includes medical expenses, lost wages, pain and suffering, disability, and other losses. Without measurable damages, there is no case, even if negligence occurred.

Understanding what qualifies as medical negligence in Pennsylvania requires analyzing all four elements. Contact us or call 570-346-2600 for a free evaluation of your case.

Understanding Pennsylvania Medical Malpractice Law

Pennsylvania has specific laws that govern medical malpractice cases. These rules affect how and when you can file a lawsuit, what evidence you need, and who can testify in your case.

The MCARE Act

The Medical Care Availability and Reduction of Error (MCARE) Act, signed into law in 2002, governs medical malpractice lawsuits in Pennsylvania. This law established requirements for filing cases, expert qualifications, and the Patient Safety Authority. Understanding these requirements is essential for any medical malpractice claim.

Certificate of Merit Requirement

Pennsylvania is one of several states that requires a Certificate of Merit before your medical malpractice case can move forward. Within 60 days of filing your complaint, you must file a certificate signed by a licensed healthcare provider who has reviewed your records and confirms that your case has merit.

This means a qualified medical expert must agree that the care you received fell below accepted standards and caused your harm before your lawsuit can proceed. This is why having an experienced medical malpractice lawyer is so important. We work with medical experts who can evaluate your case and provide the necessary certification.

Statute of Limitations (Filing Deadline)

You generally have two years from the date the malpractice occurred, or from when you discovered (or reasonably should have discovered) the harm, to file a lawsuit. This is called the statute of limitations.

Pennsylvania also has a seven-year statute of repose. This means no medical malpractice claim can be filed more than seven years after the act or omission that caused the harm, regardless of when you discovered the injury. There are limited exceptions for foreign objects left in the body.

Birth injury cases: For injuries to minors, the statute of limitations does not begin to run until the child turns 18. This means parents have until the child’s 20th birthday to file a birth injury lawsuit.

Claims against government hospitals: If your malpractice occurred at a government-run facility, you may have only six months to file a notice of claim under the Federal Tort Claims Act or Pennsylvania’s sovereign immunity rules.

Venue Rules (Where to File)

As of January 2023, Pennsylvania changed its venue rules for medical malpractice cases. You now have more flexibility in choosing where to file your lawsuit. This can be significant because jury verdicts vary by county. Philadelphia juries, for example, are three times more likely to rule in favor of patients than Montgomery County juries.

Informed Consent

Doctors must explain the risks, benefits, and alternatives of treatments before you agree to them. If you were not properly informed of the risks, and you would not have consented if you had known, you may have a case even if the procedure was performed correctly. Everything you need to know before signing a medical consent form explains your rights.

Comparative Negligence

Pennsylvania uses a comparative negligence rule in medical malpractice cases. If you are found partially responsible for your harm (for example, by not following medical advice), your recovery will be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover anything.

The Medical Malpractice Lawsuit Process

Medical malpractice cases follow a specific legal process. Understanding the process of filing a medical malpractice claim helps you know what to expect.

Step 1: Case Evaluation and Investigation

Before filing a lawsuit, we thoroughly investigate your case. This includes obtaining all medical records, consulting with medical experts, and determining whether malpractice occurred. Not every bad outcome is malpractice, and this investigation helps identify cases with merit.

Step 2: Obtaining the Certificate of Merit

Pennsylvania requires a Certificate of Merit signed by a qualified medical expert before your case can proceed. We work with specialists in the relevant field who review your records and confirm that the care you received fell below accepted standards.

Step 3: Filing the Complaint

Once we have the Certificate of Merit, we file a formal complaint in court. This document outlines what happened, who is responsible, and what damages you are seeking. The defendants then have a set time to respond.

Step 4: Discovery

Discovery is the information-gathering phase. Both sides exchange documents, take depositions (sworn testimony), and request information. This is often the longest phase of the lawsuit. Medical records, hospital policies, expert reports, and testimony from providers are all gathered during discovery.

Step 5: Expert Reports and Depositions

Medical experts play a critical role in malpractice cases. Our experts prepare detailed reports explaining how the standard of care was violated and how it caused your injury. Experts from both sides are deposed, providing sworn testimony that may be used at trial.

Step 6: Settlement Negotiations and Mediation

Most medical malpractice cases settle before trial. Throughout the process, there are opportunities to negotiate a settlement. Many cases go through mediation, where a neutral third party helps both sides reach an agreement. Why settle cases out of court? Settlement avoids the uncertainty of trial and gets you compensation faster.

Step 7: Trial

If settlement is not possible, your case goes to trial. A jury hears evidence from both sides, including testimony from medical experts, and decides whether malpractice occurred and what damages to award. Trials can last days or weeks depending on complexity.

Step 8: Appeals

Either side can appeal the verdict. Appeals can add months or years to a case. Our goal is to achieve a favorable result that withstands appeal.

Timeline: Medical malpractice cases typically take 1-3 years from filing to resolution. Complex cases can take longer. We keep you informed throughout the process.

Who Can Be Held Liable for Medical Malpractice?

Medical malpractice cases can involve multiple defendants. Identifying all responsible parties is essential for maximizing your recovery.

Doctors and Physicians

The doctor who treated you is often the primary defendant. This includes surgeons, primary care physicians, specialists, radiologists, anesthesiologists, and any other physician whose negligence caused your harm.

Hospitals and Medical Facilities

Suing a hospital for medical malpractice is possible when the facility itself is negligent. Hospitals can be liable for understaffing, failing to properly credential physicians, unsafe conditions, equipment failures, and the negligence of their employees. Hospitals may also be liable for the actions of independent contractors under certain circumstances.

Nurses and Medical Staff

Nurses, technicians, physician assistants, and other medical staff can be held liable for their own negligence. Nursing malpractice includes medication errors, failure to monitor patients, and not communicating critical information to doctors.

Pharmacies and Pharmacists

Pharmacy errors can cause serious harm. Pharmacists can be liable for dispensing the wrong medication, incorrect dosages, failing to catch dangerous drug interactions, and not warning patients about side effects.

Medical Device and Drug Manufacturers

If a defective medical device or defective drug caused your harm, the manufacturer may be liable. These are product liability cases that can be pursued alongside or instead of malpractice claims.

Nursing Homes and Long-Term Care Facilities

Nursing home abuse and neglect is a form of medical malpractice. Facilities can be liable for bedsores, dehydration, medication errors, falls, and abuse. Learn to recognize signs of nursing home neglect.

Government Healthcare Providers

If your malpractice occurred at a VA hospital, military facility, or government clinic, special rules apply. Veterans need to know about their rights under the Federal Tort Claims Act, which has strict notice requirements and shorter deadlines.

Our attorneys investigate all potential sources of liability. Get clarity on your legal options or call 570-346-2600 today.

Why You Need a Pennsylvania Medical Malpractice Lawyer

Medical malpractice cases are among the most complex personal injury claims. Hospitals and doctors are defended by well-funded insurance companies and experienced defense attorneys. You need someone who knows how to fight back.

We Handle the Certificate of Merit

Pennsylvania’s Certificate of Merit requirement means you need a qualified medical expert to review your case before your lawsuit can proceed. We have relationships with medical experts across specialties who can evaluate your case and provide the necessary certification.

We Understand Medical Evidence

Medical malpractice cases require analyzing complex medical records, understanding treatment protocols, and proving that care fell below accepted standards. Our attorneys know how to read medical charts, work with expert witnesses, and present medical evidence to juries in ways they can understand.

We Fight Insurance Company Tactics

Hospital insurance companies use every tactic to deny or minimize claims. They hire medical experts to dispute your injuries, argue you were responsible for your own harm, and delay cases hoping financial pressure forces you to settle for less. Understanding the role of insurance in medical malpractice claims is critical to your success.

We Prepare Every Case for Trial

Only about 5% of medical malpractice cases go to trial, but insurance companies know which firms are willing to fight. We prepare every case as if it will go before a jury. This approach leads to better settlements and better results at trial when necessary.

At Scartelli Olszewski, we have represented malpractice victims since 2001. Our attorneys include Melissa A. Scartelli, founder and president; Peter Paul Olszewski, Jr., managing partner; Rachel D. Olszewski, attorney; and Kristin A. Mazzarella, attorney. We are Small Enough to Care, Large Enough to Win.™

You pay nothing unless we win. Meet our attorneys, read client testimonials, or review our case results.

How Insurance Companies Fight Medical Malpractice Claims

Hospitals and doctors carry malpractice insurance for a reason: they expect to be sued. Their insurers are experienced at defending claims and minimizing payouts. Understanding the role of insurance in malpractice claims helps you know what you are up against.

Denying Liability

The first tactic is denial. Insurers will argue that no malpractice occurred, that the provider followed the standard of care, or that complications were unavoidable. They hire their own medical experts to support these claims.

Blaming the Patient

Insurance companies will look for any way to shift blame to you. They may argue you failed to follow medical advice, did not disclose important health information, or contributed to your own harm. Pennsylvania’s comparative negligence law means reducing your percentage of fault directly reduces what they pay.

Disputing Causation

Even when negligence is clear, insurers argue the malpractice did not cause your injury. They claim you would have had the same outcome regardless, that your condition was pre-existing, or that something else caused your harm.

Lowball Settlement Offers

Insurers make early settlement offers before you understand the full extent of your injuries and damages. These offers are designed to close your claim cheaply. Once you accept, you cannot come back for more, even if your condition worsens.

Delay Tactics

Insurance companies know that delay works in their favor. Medical bills pile up. Lost wages create financial pressure. Some victims cannot afford to wait years for justice and accept less than they deserve. Insurers drag out discovery, request extensions, and slow-walk the process.

Independent Medical Examinations

Insurers may demand you undergo an “independent” medical examination (IME) with a doctor of their choosing. These doctors often minimize injuries or dispute that malpractice caused your condition. Their reports are used to fight your claim.

Bad Faith Insurance Practices

Sometimes insurers cross the line into bad faith. This includes unreasonably denying valid claims, misrepresenting policy terms, or refusing to pay what they owe. When this happens, you may be able to recover additional damages.

Do not face these tactics alone. Contact us or call 570-346-2600 for a free consultation.

Pennsylvania Medical Malpractice Statistics

Pennsylvania has the second-highest total medical malpractice payments in the nation, totaling over $3.4 billion. Understanding these statistics helps put your case in context:

• Average settlement in 2024: $526,000 (highest in state history)
• Cases filed annually: Approximately 1,500 medical malpractice cases are filed in Pennsylvania each year
• Trial rate: Only about 5% of cases go to trial; most settle
• Plaintiff success at trial: Philadelphia juries are three times more likely to rule for patients than Montgomery County juries
• 2024 medical errors: Preventable medical errors in Pennsylvania increased 12% in 2024

Nationally, medical errors are the third leading cause of death, claiming over 250,000 lives per year. Diagnostic errors alone affect 10-15% of all medical visits, resulting in 100,000 deaths or permanent disabilities annually.

Areas We Serve

Our medical malpractice lawyers represent clients throughout Northeastern Pennsylvania from our offices in Scranton and Wilkes-Barre.

Our Offices:

• Scranton: 411 Jefferson Ave, Scranton, PA 18510. Phone: (570) 346-2600
• Scranton Medical Malpractice Lawyers
• Wilkes-Barre: 7 Public Square, Wilkes-Barre, PA 18701 (by appointment). Phone: (570) 822-1400
• Luzerne County Medical Malpractice Attorney

Communities We Serve:

• Lackawanna County: Scranton, Dunmore, Carbondale, Old Forge, Clarks Summit
• Luzerne County: Wilkes-Barre, Hazleton, Pittston, Kingston, Nanticoke
• Monroe County: Stroudsburg, East Stroudsburg, the Poconos
• Additional Counties: Wayne County, Pike County, Susquehanna County, Wyoming County, Columbia County, Northumberland County

If you were harmed by medical negligence in Northeastern Pennsylvania, contact us for a free case review.

What to Bring to Your Free Consultation

You do not need to be a medical or legal expert before calling us. We do not expect you to have all the answers. Just bring what you have, and we will help you understand your options.

If possible, gather these items before your consultation:

• Medical records related to your treatment (if you have them)
• Hospital discharge summaries
• Medical bills and insurance statements
• Names of doctors, nurses, and facilities involved in your care
• Any written communication from healthcare providers or their insurers
• A timeline of events (dates of treatment, when problems began, etc.)
• Photos of visible injuries if applicable

Do not worry if you do not have all of these. We can help you obtain medical records and other evidence. The most important thing is to call us so we can start protecting your rights before deadlines pass.

Speak With a Pennsylvania Medical Malpractice Lawyer Today

Every day after a medical injury matters. Medical records can be altered. Witnesses forget details. The statute of limitations clock is running. Hospitals and their insurers are building their defense while you focus on recovery.

Scartelli Olszewski, P.C. moves immediately to protect your rights. We secure medical records, identify expert witnesses, and fight for your full financial recovery.

There is absolutely no risk to call.

• $0 Upfront Costs: We advance all case expenses.
• Free Medical Malpractice Consultation: A transparent assessment of your claim’s value.
• No Win, No Fee: We work on contingency. We only get paid if we recover compensation for you.

Learn more about when and how medical malpractice lawyers are paid.

Whether your injury happened at a hospital, doctor’s office, nursing home, or any other healthcare facility in Northeastern Pennsylvania, our medical malpractice lawyers are ready to help.

Contact us online or call 570-346-2600 for your free consultation.

Frequently Asked Questions

Do I have a medical malpractice case?

You may have a case if a healthcare provider made a mistake that harmed you. The key question is whether the care you received fell below accepted medical standards. What qualifies as medical malpractice? You need to prove a duty of care existed, the provider breached that duty, the breach directly caused your injury, and you suffered damages. Do you have a case in Pennsylvania? The best way to know is to have an attorney review your situation with a free case evaluation.

What is the statute of limitations for medical malpractice in Pennsylvania?

You generally have two years from when the malpractice occurred or when you discovered the harm to file a lawsuit. Pennsylvania also has a seven-year statute of repose, meaning no case

can be filed more than seven years after the negligent act, with limited exceptions. Birth injury cases have different rules for minors.

What is a Certificate of Merit?

Pennsylvania requires that a licensed healthcare provider review your case and confirm it has merit before your lawsuit can proceed. This certificate must be filed within 60 days of your initial complaint. This is why you need an attorney with access to qualified medical experts.

How long does a medical malpractice case take?

Medical malpractice cases typically take longer than other personal injury claims. Simple cases may resolve in 1-2 years, while complex cases can take 3-5 years or more. The length depends on the severity of injuries, complexity of medical issues, and whether the case goes to trial.

How much does a medical malpractice lawyer cost?

Nothing upfront. We work on a contingency fee basis, meaning you pay $0 out of pocket. Our fee comes from the settlement or verdict we win for you. Learn more about how malpractice lawyers are paid. If we do not recover compensation, you owe us nothing.

What if I signed a consent form before treatment?

Signing a consent form does not give doctors permission to be negligent. Consent forms acknowledge you understand the risks of a procedure, not that you accept substandard care. Understanding medical consent forms is important, but they do not protect providers from malpractice claims.

Can I sue a hospital or just the doctor?

You can often sue both. Hospitals can be held liable for their employees’ negligence, unsafe conditions, understaffing, and in some cases, even for independent contractor physicians. We investigate all potential defendants to maximize your recovery.

What if my loved one died from medical malpractice?

You may be able to file a wrongful death claim. Family members can recover compensation for funeral expenses, lost financial support, and loss of companionship. Learn about who can file a wrongful death lawsuit in Pennsylvania.

Should I get a second medical opinion?

Yes. Getting a second opinion can confirm or correct a diagnosis and may provide evidence for your case. It also ensures you are getting proper treatment going forward.

Legally Reviewed by Melissa A. Scartelli, Pennsylvania Bar No. #52441 | Last Reviewed April 2026