Wilkes-Barre Medical Malpractice Lawyer

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.

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.

$10 Million Verdict for a Young Man Harmed by Medical Negligence

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
• Multiple confidential settlements involving surgical errors, birth injuries, and hospital negligence

See our full case results or learn more about our team.

Past results do not guarantee future outcomes. Every case is unique and the value of any claim depends on its specific facts.

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:

1. 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 § 115.28 (hospital records); 49 Pa. Code § 16.95 (physician records); HIPAA, 45 C.F.R. § 164.524 (federal right of access).
2. 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.
3. 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.
4. 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.
5. 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

Hospitals and providers carry malpractice insurance for a reason. Their carriers are experienced at defending claims and minimizing payouts. Knowing the playbook is the first step to defeating it.

• 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 can shift liability to the manufacturer under product liability principles.
• 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.
• Breach of Duty: The provider deviated from the accepted standard of care.
• 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.
• Misdiagnosis and Delayed Diagnosis. A missed or delayed diagnosis, especially for cancer, stroke, or sepsis, can turn a treatable condition into a fatal one.
• 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. Local knowledge matters when building your case. 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.

Wilkes-Barre Medical Malpractice FAQ

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.

(570) 822-1400 Wilkes-Barre office | Start your free consultation

Our Wilkes-Barre office at 7 Public Square represents medical malpractice victims across Luzerne County and Northeastern Pennsylvania, including Wilkes-Barre, Kingston, Plains, Hanover Township, Plymouth, Nanticoke, Pittston, Hazleton, Dallas, Mountain Top, Wyoming, Exeter, Edwardsville, and Forty Fort. We also represent clients in Lackawanna, Monroe, Wyoming, Wayne, Pike, Susquehanna, Columbia, and Northumberland counties.

Meet our attorneys: Melissa A. Scartelli, Peter Paul Olszewski, Jr., Rachel D. Olszewski, and Kristin A. Mazzarella.

Past results do not guarantee future outcomes. Every case is unique and the value of any claim depends on its specific facts.