Why Hire Our Wilkes-Barre Medical Malpractice Lawyer
Millions Recovered
Millions won for victims, including Luzerne County's largest medical malpractice verdict.
Certified Trial Advocacy
Led by one of few female Board Certified Trial Advocates in Pennsylvania.
Zero Upfront Cost
You don't pay a penny out of pocket, we only get paid when you do.
Years of Experience
100+ combined years of experience in personal injury, medical malpractice, and criminal defense.
Table of Contents
When you or someone you love is harmed by a doctor, hospital, or other healthcare provider in Wilkes-Barre, the consequences can be permanent. A missed cancer diagnosis. A surgical error during a routine procedure. A birth injury that changes a family forever. You deserve real answers about whether the care you received fell below the legal standard, and you deserve a firm with the resources and trial record to prove it.
Scartelli Olszewski, P.C., located steps from the Luzerne County Courthouse in Wilkes-Barre, has held Pennsylvania hospitals and providers accountable for decades. Our results include a $10 million jury verdict for a young man harmed by medical negligence in Luzerne County, a $1.5 million verdict including punitive damages against an orthopedic surgeon for an unnecessary amputation, and multiple confidential recoveries involving surgical errors, birth injuries, and hospital negligence. We work on a contingency fee basis. You pay nothing unless we recover compensation for you.
$10 million jury verdict for a young man harmed by medical negligence in Luzerne County
$1.5 million verdict including punitive damages against an orthopedic surgeon for an unnecessary amputation
Board Certified Civil Trial Advocate (National Board of Trial Advocacy) on the team
Former Luzerne County District Attorney and Court of Common Pleas Judge on the team
Super Lawyers recognition for 17 consecutive years (2010 through 2026)
No fee unless we win
Call our Wilkes-Barre office at (570) 822-1400 or visit 7 Public Square, Wilkes-Barre, PA 18701 for a free, confidential case review.
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Tiffany Young
6 days ago
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I highly recommend this law firm. Brittany, Rachel, and Theresa were all absolutely great to work with. Everyone was extremely helpful, professional, and always easy to communicate with. They took the time to answer any questions I had, explained everything clearly, and always kept me informed throughout the process. I truly appreciate everything Brittany, Rachel, and Theresa did for me and couldn’t be happier with my experience. I would absolutely recommend them to anyone looking for a knowledgeable, helpful, and reliable legal team.
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Tom N
7 days ago
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I cannot say enough good things about Scartelli lawfirm. They care about their clients and are compassionate about their needs. Scartelli lawfirm makes you feel that you are not just another client but a person that is in need of help and they make it their mission to provide the best services possible. By far the best law firm in the area and it is not even close.
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Tree Winkler
11 days ago
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+0
I have a 28yr old special needs son who is non-verbal. Even though we moved away from the Scranton area, an incident occurred with him and I really needed Legal Advice. Already knowing Atty Melissa Scartelli, I called Her for advice to see if we had a case.
She was honest and said it wasn't their type of case. However, she didn't stop there.
She assured me, she would find who, in MY area, was able to Help me and my son find justice...AND without having the anxiety of going to Court! She DID that too.
She researched, she & her paralegals helped with conference calls, snail mail, emails and even text messages. All the while, wanting and caring to make My Son Whole! ❤️
We came to an agreement and even still helping make sure I follow-up and know what to do post-case. Also, I do not want to forget Patrick & Brittany helping the team.
I am SO grateful for the offices of Scartelli & Olszewski.
Thank You, Thank You, Thank You, ALL!!!
Tree W.
Manchester, PA
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Danielle Kozick
30 days ago
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Scartelli Olszewski, P.C., is a personal injury law firm staffed with individuals who are knowledgeable, compassionate and vigilant advocates for their clients.
They understand that a case is more than a docket number...it's a person whose life and the life of their family has been affected by the negligence of another.
Highly recommend.
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lee hun
33 days ago
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I cannot say enough about Melissa Scartelli and her law firm. If you are looking for an attorney who truly cares about her clients and treats you like a person instead of just another case number, I highly recommend her.
I first came across Melissa during an extremely difficult emergency involving a family member. I was overwhelmed, scared, and honestly did not know what to do or who to call. I had contacted other attorneys, and some seemed too busy to speak with me or said they would call me back and never did.
Then I found Melissa. She did not know me. She did not even know the full details of my situation yet, but she stayed on the phone with me, listened to what I was going through, and helped guide me through what I needed to do. She helped me understand who I needed to contact, including the police and the funeral home. During one of the hardest moments my family had experienced, she took the time to help us when she did not have to.
That told me immediately what kind of attorney and what kind of person she was. Throughout my case, Melissa and her firm made me feel comfortable and supported. They walked me through the process and made sure I understood what was happening.
What impressed me the most was that her concern did not feel like it was only about winning a case. She genuinely cared about what my family and I were going through. She would even call sometimes just to check on me and make sure I was okay. I have never had an attorney work so hard for me while also showing that level of compassion.
There are certain details about my case that I cannot discuss publicly, but I can say that I will never forget what Melissa Scartelli and her firm did for me and my family.
If there were an award for attorneys who go above and beyond for their clients, Melissa would be at the top of my list. After everything we went through together, I consider her more than just an attorney I worked with I consider her someone my family and I will always respect and appreciate.
If I ever need an attorney again and it is something she can represent me for, Melissa Scartelli will be the first person I call.
Thank you, Melissa, for everything you have done for me and my family. I will always be grateful.
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Scott Lombardi
35 days ago
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Melissa Scartelli and Rachel Olszewski were so helpful with my father’s medical case. They kept our family informed every step of the way and made us feel comfortable. It didn’t fix the doctors mistake but it made us feel comfortable that we can afford any medical care our father may need.
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Sebastian P
35 days ago
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A friend referred me to Scartelli and Olszewski after I had an injury in a motor vehicle accident. I had never been in this situation before but Ann Marie and Rachel made it painless.. (Minus the pain in my broken bones..) They made me feel very sure about their process, and kept me updated when progress had been made. Thanks to their relentless fight and attention to detail, we secured great compensation. I hope not to need an injury attorney again, however, I know where I would go, and I know where you should go if you do!
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kristian radi
35 days ago
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Best in the area, helped me so much with my DUI. Beautiful family also. Defenetly calling them if i get in trouble again
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james biscotto
125 days ago
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The Scartelli, Olszewski firm goes above and beyond for their clients! You won’t find a better law firm anywhere!! Thank you
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Jo Kay
328 days ago
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My husband was an attorney in Honesdale and when he needed a really sharp lawyer he called on this firm. When my son-in-law had a vehicular accident that wasn’t his fault I remember my husband telling me about Melissa and her office We contacted her and were impressed by the caring and time they gave us. My husband has passed and I am sure he was sitting on my shoulder being happy with our choice. No question was too small or unimportant to any of the staff
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Why Hire a Wilkes-Barre Medical Malpractice Lawyer?
We Try Cases in Luzerne County: Insurance carriers know which firms in this county are willing to take a medical malpractice case to a jury. We are one of them. Our $10 million jury verdict and our $1.5 million punitive damages verdict were both delivered by Luzerne County juries. Hospitals and their insurers price their settlement offers accordingly.
We Build Cases the Way the MCARE Act Requires: Pennsylvania medical malpractice cases live or die on the Certificate of Merit under Pa.R.C.P. 1042.3 and on expert qualification under 40 P.S. § 1303.512. We retain qualified, same-subspecialty experts early, secure the complete medical file before records can be altered, and document every dimension of loss from day one.
We Have a Former DA and Judge on the Team: Peter Paul Olszewski, Jr. served as Luzerne County District Attorney and as a Judge on the Court of Common Pleas. He knows local courts, local juries, and how the other side thinks.
We Are Board Certified in Civil Trial Advocacy: Melissa A. Scartelli holds Civil Trial Advocate certification from the National Board of Trial Advocacy, an ABA-accredited certifying organization recognized under Pa.R.P.C. 7.4. She has been named to the Super Lawyers list for 17 consecutive years and to the Top 50: Women Pennsylvania Super Lawyers list in 2024 and 2025.
We Know This Courthouse: Our Wilkes-Barre office at 7 Public Square is steps from the Luzerne County Courthouse. We file, prepare, and try cases here.
After a young man was permanently harmed by medical negligence in Luzerne County, our firm tried the case to verdict and recovered $10 million for pain and suffering. The case is one of the largest medical malpractice pain and suffering recoveries in the county’s history.
Proven Results in Pennsylvania Medical Malpractice Cases:
$10 million jury verdict for a young man harmed by medical negligence in Luzerne County
$1.5 million verdict including punitive damages against an orthopedic surgeon for unnecessary amputation of a young man’s left ring finger
How Much Is Your Wilkes-Barre Medical Malpractice Case Worth?
Hospitals and their insurers offer fast, low settlements hoping you sign before you understand the lifetime cost of your injury. We calculate the full value of your claim and fight to recover every dollar.
Economic Damages: Past and future medical expenses, surgeries, specialist care, ongoing rehabilitation, lost wages, reduced earning capacity, long-term care, in-home assistance, and out-of-pocket expenses tied to your injury.
Non-Economic Damages: Pain and suffering, emotional distress and psychological trauma, loss of enjoyment of life, loss of consortium, and loss of companionship in wrongful death cases.
Punitive Damages: Available in cases involving intentional misconduct or reckless disregard for patient safety. Under 40 P.S. § 1303.505(d), punitive damages against an individual physician are capped at 200 percent of compensatory damages, except in cases of intentional misconduct. The same subsection sets a $100,000 default minimum on punitive awards that gives way only when a jury returns a lower amount. Twenty-five percent of any punitive award is paid to the MCARE Fund under § 1303.505(e).
No Cap on Compensatory Damages
Unlike many other states, Pennsylvania does not cap economic or non-economic damages in medical malpractice cases. You can recover the full value of your losses.
What to Do If You Suspect Medical Malpractice in Wilkes-Barre
What you do in the days and weeks after a harmful medical experience can directly affect the strength of your case. If you are reading this from a hospital room, after a discharge, or after losing a loved one, take these steps now:
Request Your Complete Medical Records. Ask in writing for all treatment notes, imaging, lab results, surgical reports, and correspondence between providers. Keep proof of your request. Records can be altered or lost, so move quickly. Pennsylvania law gives you the right of access under 28 Pa. Code § 115.29 (hospital records); 49 Pa. Code § 16.95 (physician records); HIPAA, 45 C.F.R. § 164.524 (federal right of access).
Document Everything. Record what happened, when, and how your condition changed. Note every follow-up visit, new symptom, and out-of-pocket expense. A detailed timeline is one of the most valuable tools your attorney will have.
Get a Second Medical Opinion. A second opinion protects your health and your legal position. It establishes an independent baseline for what competent care should have looked like.
Do Not Sign Anything or Give Statements. Hospitals and insurers may contact you quickly. Decline recorded statements, do not sign documents, and do not accept settlement offers before speaking with an attorney. Anything you say can be used to reduce or deny your claim.
Contact Scartelli Olszewski, P.C. We review your situation honestly and at no cost. If your case has merit, we immediately begin requesting records, preserving evidence, identifying liable parties, and protecting the statute of limitations.
How Much Does It Cost to Hire a Medical Malpractice Lawyer?
Nothing upfront. We work on a contingency fee basis under Pa.R.P.C. 1.5(c). You pay no attorney fees unless we recover compensation for you. We advance all case costs, including expert witness fees, medical record retrieval, and litigation expenses.
If we do not win, you owe us nothing.
How Hospitals and Their Insurers Fight Medical Malpractice Claims
Denying Liability. Insurers argue no malpractice occurred and hire their own medical experts to support that position.
Blaming the Patient. Pennsylvania’s modified comparative negligence rule under 42 Pa.C.S. § 7102 reduces your recovery by your percentage of fault and bars it entirely if you are more than 50 percent at fault. Every percentage point insurers can shift onto you reduces what they pay.
Disputing Causation. Even when negligence is clear, insurers argue the harm would have happened regardless of the provider’s conduct.
Lowball Early Offers. Settlements offered before you understand the full extent of your injuries are designed to close your claim cheaply. Once you accept, you cannot come back for more.
Delay. Insurers know that medical bills and lost wages create financial pressure that pushes families to accept less than their case is worth.
Defense Medical Examinations. A doctor of the insurer’s choosing under Pa.R.C.P. 4010 often minimizes injuries and disputes causation in a written report used against you.
We anticipate these tactics from the first call. The goal is not the fastest settlement. The goal is full compensation.
Who Is Responsible for Your Medical Malpractice Injury?
Identifying every liable party maximizes your recovery. In Pennsylvania medical malpractice cases, multiple parties may share fault.
Treating Physicians. Surgeons, hospitalists, emergency physicians, anesthesiologists, radiologists, and specialists who deviate from the accepted standard of care can be held individually liable.
Hospitals (Corporate Negligence). Under Thompson v. Nason Hospital, 591 A.2d 703 (Pa. 1991), Pennsylvania hospitals can be held directly liable for institutional failures: maintenance of safe facilities and equipment, selection and retention of competent physicians, oversight of practitioners, and the formulation and enforcement of safety policies.
Nurses and Hospital Staff. Failure to monitor, failure to escalate concerns to physicians, medication errors, and inadequate post-surgical care can all create liability for the employing institution.
Pharmacies and Pharmacists. Wrong drug, wrong dose, missed interaction warnings, and dispensing errors can shift liability to the pharmacy.
Manufacturers.Defective surgical implants, contaminated drugs, and faulty medical devices shift liability to the manufacturer under product liability principles. Our Wilkes-Barre medical device malfunction lawyers pursue these as strict liability claims, which do not require proving a provider deviated from the standard of care.
Government-Affiliated Providers.VA hospitals, military facilities, and other government-run providers carry separate notice and limitations rules under the Federal Tort Claims Act and Pennsylvania’s Sovereign Immunity Act. These deadlines are much shorter than standard malpractice claims.
How Do I Prove a Medical Malpractice Case in Pennsylvania?
Proving negligence against a hospital or provider requires building a case that can survive aggressive defense scrutiny. Pennsylvania law requires four legal elements:
Duty of Care: A provider-patient relationship existed, creating a legal obligation to treat you competently.
Causation: That deviation directly caused your injury or worsened your condition.
Damages: You suffered measurable harm as a result, whether physical, financial, or both.
Pennsylvania also requires a Certificate of Merit under Pa.R.C.P. 1042.3, a written statement from a licensed medical professional confirming the defendant deviated from the standard of care. It must be filed within 60 days of the complaint. Without it, the court dismisses the case.
We retain qualified, same-subspecialty experts who satisfy the qualification standards in 40 P.S. § 1303.512. We start with your complete medical file. We build every case for trial. Insurance carriers know which firms in Luzerne County will try a case, and we are one of them.
How Long Do You Have to File a Medical Malpractice Lawsuit in Pennsylvania?
Pennsylvania law imposes strict deadlines. Missing them permanently bars your claim, no matter how strong the evidence is.
Standard Statute of Limitations: Two years from the date of the injury or negligent act under 42 Pa.C.S. § 5524(2).
The Discovery Rule: If you could not reasonably have known about the injury when it occurred, the clock may start at the date of discovery rather than the date of the negligent act. Pennsylvania interprets this exception narrowly under Fine v. Checcio, 870 A.2d 850 (Pa. 2005). It does not apply simply because you were unaware a mistake was made.
Minor Victims (Child’s Own Claim): Under 42 Pa.C.S. § 5533(b)(1), the two-year period for an injured child’s own claim is tolled until the child turns 18. The child has until their 20th birthday to file. See our guide on filing a lawsuit after a birth injury for the deadlines that apply to your family.
Parents’ Separate Claim (Different Deadline): A parent’s own claim for medical expenses and care costs they personally incurred for an injured child is a separate cause of action. It is not tolled by the child’s minority. It runs under the standard two-year limitations period from accrual. Parents who assume they have until their child’s 20th birthday can lose their own claim. Call us promptly so we can identify every deadline that applies to your family.
Government-Affiliated Hospitals: If your malpractice occurred at a VA hospital, military facility, or other government-run provider, you may have only six months under the Federal Tort Claims Act (28 U.S.C. § 2401(b)) or Pennsylvania’s Sovereign Immunity Act (notice provision at 42 Pa.C.S. § 5522(a)). These deadlines are far shorter than standard malpractice claims.
About the Seven-Year Statute of Repose
Pennsylvania’s MCARE Act originally included a seven-year outer deadline for medical malpractice claims at 40 P.S. § 1303.513(a). In 2019, the Pennsylvania Supreme Court declared that statute of repose unconstitutional in Yanakos v. UPMC, 218 A.3d 1214 (Pa. 2019), holding it violated the open courts provision of Article I, Section 11 of the Pennsylvania Constitution. The seven-year limit is no longer enforceable. A separate discovery rule for foreign objects retained in the body remains in place at 40 P.S. § 1303.513(b).
Deadlines in medical malpractice cases are strict and can vary depending on who caused the harm and how the injury was discovered. A quick and confidential consultation today protects your right to act tomorrow.
Common Causes of Medical Errors
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 are caused by preventable systemic failures.
Communication Breakdowns. Information gets lost when patients transfer between departments, shifts change, or specialists fail to share findings with primary care providers.
Understaffing and Fatigue. Hospitals and clinics that operate with insufficient staff put patients at risk. Overworked nurses miss warning signs. Exhausted residents working long shifts make mistakes they would not make when rested.
Inadequate Training and Supervision. Inexperienced residents may perform procedures beyond their skill level without proper supervision. Hospitals that fail to credential and oversee their physicians can be held directly liable under Pennsylvania’s corporate negligence doctrine.
System and Technology Failures. Electronic medical records can reduce errors, but they can also cause them. Critical alerts may be ignored due to alarm fatigue.
Failure to Follow Protocols. Hospitals have safety protocols for a reason. When providers skip steps, fail to wash hands, or ignore checklists, patients suffer.
Hospitals and Medical Facilities Across Northeastern Pennsylvania
Our clients commonly receive care at Geisinger Wyoming Valley Medical Center, Wilkes-Barre General Hospital, Commonwealth Health Regional Hospital, and other facilities throughout Luzerne County and the surrounding region. Listing these institutions does not assert that any specific facility was negligent in any individual case.
Types of Medical Malpractice Cases We Handle
Different cases require different investigation approaches. We handle every category of medical negligence claim:
Emergency Room Errors. Delays in diagnosing a stroke, heart attack, sepsis, or internal bleeding can cause irreversible harm within hours. ER overcrowding, rushed triage, and missed test results drive many of these claims.
Surgical Errors. Wrong-site surgery, retained instruments, nerve damage, and procedures performed outside a surgeon’s competency. These are preventable failures, not acceptable surgical risks.
Birth Injuries. Cerebral palsy, Erb’s palsy, hypoxic brain injury, brachial plexus injuries, and oxygen deprivation caused by delayed intervention during labor and delivery.
Anesthesia Errors. Wrong dosage, failure to monitor vital signs, and overlooking known allergies can cause brain damage, cardiac injury, or death.
Medication and Pharmacy Errors. Wrong drug, wrong dosage, or a missed drug interaction at the physician or pharmacy level.
Hospital Negligence. Understaffing, inadequate monitoring, hospital-acquired infections, and negligent credentialing. Under Pennsylvania’s corporate negligence doctrine, hospitals are directly accountable for systemic failures.
Wrongful Death From Medical Negligence. When negligence causes a patient’s death, surviving families can pursue a wrongful death claim under 42 Pa.C.S. § 8301 and a survival action under 42 Pa.C.S. § 8302 for funeral costs, lost income, and loss of companionship.
Federal and Government Medical Facilities
Medical malpractice claims arising at VA hospitals, military medical facilities, federally qualified health centers, and other government-run providers operate under separate rules and shorter deadlines than standard malpractice claims.
Federal Tort Claims Act. VA and federal facility claims must first be presented administratively on Standard Form 95 within two years of the injury under 28 U.S.C. § 2401(b). After denial, you have only six months to file suit. You cannot proceed in state court.
Sovereign Immunity Act. Claims against state and local government health facilities require a notice of claim under 42 Pa.C.S. § 5522(a) within six months. The Sovereign Immunity Act at 42 Pa.C.S. § 8521-8528 governs how and when these entities can be sued.
Federally Qualified Health Centers. FQHC providers may be deemed federal employees under the Federally Supported Health Centers Assistance Act, which converts a state malpractice claim into an FTCA claim with all of the FTCA’s procedural traps.
If your care was delivered at a VA, military, or other government-run facility, we identify the correct procedural path immediately. Missing the right deadline forfeits the claim entirely.
Common Medical Malpractice Injuries
The severity and permanence of your injury directly impacts your claim value. We handle the full range of harm caused by medical negligence:
Catastrophic Brain Injury. Hypoxic and anoxic brain injuries from anesthesia errors, delayed sepsis treatment, and birth oxygen deprivation. These cases involve lifetime care needs, lost earning capacity, and severe non-economic damages.
Spinal Cord Injury and Paralysis. Surgical errors, missed diagnoses of cauda equina, and improper handling during procedures can cause permanent paralysis.
Birth Injuries to Mother and Child. Cerebral palsy, hypoxic-ischemic encephalopathy, brachial plexus and Erb’s palsy injuries, uterine rupture, and maternal hemorrhage.
Surgical Complications. Nerve damage, retained surgical instruments, wrong-site surgery, and complications requiring repeat or corrective procedures.
Cancer Misdiagnosis and Delayed Diagnosis. A missed cancer diagnosis can convert a treatable cancer into a terminal one. Delayed diagnosis cases require careful causation analysis.
Hospital-Acquired Infections. Sepsis, MRSA, C. difficile, and surgical site infections caused by failures of basic infection control protocols.
Wrongful Death. When medical negligence causes death, surviving families can pursue both a wrongful death action and a survival action.
Medical Malpractice Claims in Luzerne County
Luzerne County is a hospital-dense market. Major facilities, regional referral centers, and independent practices all operate here, which is why Luzerne County medical malpractice claims frequently name a health system alongside the treating physician. For a broader look at how these cases work statewide, see our Pennsylvania medical malpractice overview.
Pennsylvania Medical Malpractice Filings. The Administrative Office of Pennsylvania Courts (AOPC) publishes the annual Medical Professional Liability Statistical Summary tracking case filings, dispositions, and trial outcomes by county. Most filings settle. A small fraction reach a jury. The verdicts are public record.
Healthcare-Associated Infections. The Centers for Disease Control and Prevention reports that on any given day, approximately 1 in 31 hospitalized patients in the United States has at least one healthcare-associated infection (CDC HAI Prevalence Survey).
National Practitioner Data Bank. The NPDB Public Use Data File tracks total medical malpractice payments by state. Pennsylvania consistently ranks among the highest-payment states in the country.
Wilkes-Barre Office and Luzerne County Courthouse
Medical malpractice lawsuits in this market are filed and tried in Luzerne County Court of Common Pleas. Our office at 7 Public Square is steps from the courthouse. We file, prepare, and try cases here.
How do I know if I have a valid medical malpractice claim?
Not every harmful medical outcome is malpractice. A valid claim requires proof that a provider’s negligence, not the inherent risk of treatment, directly caused your harm. If your condition worsened unexpectedly, a second opinion revealed a different diagnosis, or a provider acknowledged an error, those are red flags worth reviewing with an attorney. See our guide on whether you have a medical malpractice case in Pennsylvania, or call us for a free consultation.
How much does a medical malpractice lawyer cost in Wilkes-Barre?
Nothing upfront. Scartelli Olszewski handles medical malpractice cases on a contingency fee basis under Pa.R.P.C. 1.5(c). You pay no attorney fees unless we recover compensation. We also advance all case costs including expert witness fees and medical record retrieval.
How long does a medical malpractice case in Luzerne County take?
Most Pennsylvania medical malpractice cases take between two and four years to resolve. Cases that settle conclude faster. Cases that proceed to jury verdict often take longer but can result in significantly greater recovery. The complexity of your case, the number of defendants, and court scheduling in Luzerne County all affect the timeline.
What if the doctor says the outcome was just a known risk of the procedure?
Known risks are real, but they do not excuse negligence. If the procedure was performed incorrectly, warning signs were ignored, or the complication resulted from a deviation in technique rather than an inherent risk, that is a different legal question. An attorney can review your records and identify whether what happened to you falls within acceptable risk or outside the standard of care.
Can I file a malpractice claim if I signed an informed consent form?
Yes. A signed consent form does not release a provider from liability for negligence. It documents that you were told about known risks. It does not authorize careless care. If the harm went beyond what the consent covered, or if consent was not properly obtained under 40 P.S. § 1303.504, your right to pursue a claim remains intact.
Can I still file a claim if I am partially at fault?
Yes. Pennsylvania follows a modified comparative negligence rule under 42 Pa.C.S. § 7102. Your compensation is reduced by your percentage of fault, but you can still recover as long as you are not more than 50 percent responsible for your injury.
What is the average medical malpractice settlement in Pennsylvania?
Settlement values vary widely. Minor injuries may settle for tens of thousands. Catastrophic cases involving brain damage, paralysis, or death can result in multi-million dollar verdicts. Settlement value depends on injury severity, permanence, lost income, future care costs, and the strength of liability proofs.
Can I sue a hospital directly for medical malpractice in Pennsylvania?
Yes. Under Pennsylvania’s corporate negligence doctrine in Thompson v. Nason Hospital, hospitals can be held directly liable for institutional failures, including inadequate staffing, negligent credentialing of physicians, and failure to maintain safe systems of care. A claim can be brought against the hospital, the individual provider, or both.
How does the Certificate of Merit work?
Pennsylvania requires a Certificate of Merit under Pa.R.C.P. 1042.3 in every professional liability case. It is a written statement from a licensed medical professional confirming the defendant deviated from the accepted standard of care. It must be filed within 60 days of the complaint. Without it, the court dismisses the case. See our walkthrough of the medical malpractice claim process for a step-by-step view.
Is there a deadline to act?
Yes. The standard statute of limitations is two years from the injury or negligent act under 42 Pa.C.S. § 5524(2). Special rules apply to minors, to claims against government-affiliated providers (Federal Tort Claims Act and Pennsylvania Sovereign Immunity Act), and to cases where the injury could not reasonably have been discovered. Some of these alternative deadlines are far shorter than two years. Call us promptly.
Speak With a Wilkes-Barre Medical Malpractice Lawyer Today
Every day after a harmful medical event matters. Records can be altered. Witnesses get harder to locate. Statutes run. Government claim notice deadlines can run in as little as six months.
Scartelli Olszewski responds promptly. We secure your records, retain qualified experts, identify every liable party, and protect every applicable deadline. You pay nothing unless we win.
Call (570) 822-1400. Get a Wilkes-Barre trial lawyer on your side.
Our Wilkes-Barre office at 7 Public Square represents medical malpractice victims across Luzerne County and Northeastern Pennsylvania, including Kingston, Plains, Hanover Township, Plymouth, Nanticoke, Pittston, Hazleton, Dallas, Mountain Top, Wyoming, Exeter, Edwardsville, and Forty Fort. Our Wilkes-Barre personal injury lawyers handle car accidents, truck accidents, and other injury claims from the same office.
Our Scranton medical malpractice lawyers handle Lackawanna County claims from our 411 Jefferson Avenue office. We also represent clients in Monroe, Wyoming, Wayne, Pike, Susquehanna, Columbia, and Northumberland counties.
Past results do not guarantee future outcomes. Every case is unique and the value of any claim depends on its specific facts.
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What Our Clients Say
I don't think I could have picked a better team to represent my case. My situation was unique and extremely complicated but it was handled with the utmost care and professionalism. The firm's strong and organized representation ultimately brought great results and helped reconcile a tragic event.
- Jeremy S.
Was wrongly accused of a very serious Felony 3 account and hired Peter Paul Olszewski. The entire firm of Scartelli Olszewski worked tirelessly to have the Pike County Assistant District Attorney as well as the District Magistrate Judge Dismiss the charges! Very pleased with the outcome of this Law Firm and recommend this Law Firm.
- Kerry S.
Dealing with the attorneys over at Scartelli Olszewski was nothing short of satisfactory. Through the entire 4 year process we had, I was constantly kept updated and cared for. More than doing their job, they truly care for their clients which I felt off the first meeting with Melissa. Both my family and I are forever thankful for them!
- Noah T.
Case Results
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Jury Verdict
$ 10 Million
Medical Malpractice
Luzerne County
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Settlement
$ 2.2 Million
Tractor Trailer Accident
Luzerne County
$
Jury Verdict
$ 1.5 Million
Medical Malpractice
Luzerne County
Legally Reviewed By
Melissa A. ScartelliFounder & President
Melissa is a respected Pennsylvania trial attorney, firm founder, and board-certified civil trial advocate recognized for compassionate client service, major case results, and longstanding Super Lawyers honors. Deeply active in the legal community and local institutions, she continues to champion injured clients alongside her family-led legal team.