Welcome to the Scranton and Wilkes - Barre Medical Malpractice Lawyers website of Munley, Munley & Cartwright, P.C., Attorneys at Law.  We have offices conveniently located in Stroudsburg, Carbondale, Hamlin, Hazleton, Scranton, and Wilkes-Barre, PA.  We have the benefit of the local presence within and knowledge of the local legal communities where medical malpractice matters are litigated. Our firm has built a reputation over 40 years in the courts within within Lackawana, Monroe, Schuylkill, Wayne, Luzerne, and Wyoming counties. Our goal is to provide exceptional legal services to our clients.  Oue Medical Malpractice lawyers represent persons or family members injured by the negligence of another.

As experienced attorneys, we know that medical malpractice errors are responsible for between 44,000 and 98,000 wrongful deaths every year in American hospitals each year. More people die from medical mistakes than from all car accident deaths. Medical malpractice mistakes involving medication errors cause injuries to over 1.3 million persons a year.

The incidents of medical errors means that each day between 121-268 people die as a result of errors. This equals and exceeds the number killed in traffic accidents per year (43,450) or those who die yearly from breast cancer (42,300). In addition to this, medical errors can cause personal injuries such as:  birth trauma, brain injury, paralysis, amputation, disability and disfigurement.

The law of malpractice and other professional negligence in Pennsylvania is founded on Section 323(a) of the Restatement (Second) of Torts. A doctor or other medical provider may be found liable where the conduct of the doctor or of the agents or employees of the medical provider fell below the applicable standard of reasonable medical practice. The injured person is not required to establish that the negligent acts or omissions were the sole cause of his injuries and can establish a prima facie case of professional negligence by proof that the medical provider failed to exercise reasonable care in performing and undertaking to render services to him as a patient, which the defendant should recognize as necessary for his protection; that this failure increased the risk of harm to the patient; and, that such harm did in fact result.

The applicable standard of care will vary according to the provider's level of expertise, with a specialist in a field being held to a higher standard of care than a family/general practitioner. Medical malpractice may involve criminal negligence, malicious intention or strict liability. The health care provider may not be the doctor, nurse or a member of the staff. It is possible that the individual is a lab or x-ray technician with certain qualifications for operating advanced medical equipment or interpreting results of tests.

Some examples of medical malpractice or negligence are misdiagnoses which result in delayed or inappropriate treatment. Or, more commonly, failure to provide the expected standard of care in a given community. Physical injury can include disfigurement, loss of limb, permanent or disfiguring scars, disability, and loss of one of the five senses. Mental harm might include emotional trauma, mental anguish, embarrassment, loss of love and affection, or loss of enjoyment. Lifelong disabilities can result from negligent surgical treatment, dangerous delivery procedures for newborns and/or incorrect and sometimes deadly prescriptions.

A facility or company may also be liable for malpractice. Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law - even a class action lawsuit.

A medical error happens when a doctor or other health care professional fails to properly treat a patient and this improper treatment causes the patient to suffer a new injury. A new injury is a requirement because you can't hold a doctor or other healthcare professional responsible for the original medical problem.

Most injured victims or surviving family members never know that a medical error caused their injury or death. Only 1 out of 8 instances of medical error resulted in a claim being filed.

Some examples of medical mistakes are:

1. Failure to protect a patient from a fall or other injury on hospital property.

2. Failure to administer medications properly.

3. Failure to manage a pregnancy or deliver a baby in a safe manner.

4. Failure to properly treat a patient's medical condition.

5. Misdiagnosis of a medical condition.

Whether your injuries were caused by an accident, malicious intent, or a defect in a product’s design, production or labeling, you have the right to seek compensation for economic and non-economic damages. If you have suffered physical or emotional harm because of someone else’s unreasonable negligence, you are entitled to file a claim against the party at fault.

In order to prevail in a Med Mal claim, the plaintiff must prove:

1. that the doctor, nurse, hospital or other health care provider undertook the care and treatment of the plaintiff, and had a duty to use reasonable care to avoid causing injury;

2. that the health care provider was negligent in fulfilling that duty; and

3. that the negligence of the health care provider was the “legal cause” of the injury suffered by the plaintiff. Negligence is the “legal cause” of an injury of it directly contributes to producing the injury.

Malpractice laws are extremely complex. Med Mal claims are governed by strict statues of limitations and also have special legal procedures which must be followed in order to bring a claim. It is important that you consult an Medical Malpractice attorney if you believe you have a claim, so that you protect your right to file suit. We have the right combination of in-depth knowledge of and expertise in victims’ rights to structure the most successful claims for our clients.

Only an experienced lawyer who knows Pennsylvania's intricate Medical malpractice laws, the court system and individual rights can effectively prove your physical and/or mental injury under state laws. Munley, Munley & Cartwright's medical malpractice lawyers will evaluate your case thoroughly and explore all potential sources of recovery. We will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim. Most cases are brought before an arbitration panel prior to court. It is always advisable to be represented by an attorney during arbitration.

If you have an extremely complex case, or if death occurs as a result of the negligence, Munley, Munley & Cartwright’s lawyers have the right combination of in-depth knowledge of personal injury, medical malpractice, and expertise in victims’ rights to structure the most successful claims for our clients.

DAMAGES

If the plaintiff in a Med Mal claim prevails, the defendant is required to place the plaintiff in the same position he was in, prior to the defendant’s negligent act. Although there is no specific formula to determine damages, the following are examples of some of the elements in which recovery is based:

1. the reasonable value of necessary medical care incurred and which will be incurred in the future;

2. reasonable compensation for the diminution in the ability to work and earn a living;

3. compensation for physical and mental pain and suffering, loss of companionship, impairment of a bodily function, and scarring and bodily disfigurement.

Because the Statute of Limitations applies to Medical malpractice cases, victims have a limited time frame in which to file their case.

Call Munley, Munley & Cartwright today to have your Scranton or Wilkes-Barre Medical Malpractice situation evaluated and to preserve your rights under the law. We can be reached at 1-800-318-LAW1 or contact us via email.

Related Information

Medical Malpractice

ER Negligence

ER Misdiagnosis

Surgical Errors

Medical Malpractice FAQs

Medical Malpractice Glossary

About Medical Malpractice Litigation

Doctor / Medical Errors

Birth Injuries

Cerebral Palsy

Lasik Eye Surgery

Free Online Malpractice Case Evaluation