Medical Malpractice

When you or someone you care about needs medical attention, you place your trust in a team of medical professionals to give you the care and attention you need. Injuries and illnesses caused by medical malpractice are particularly devastating, because they are a violation of that trust. If a doctor, nurse, or other health care worker has negligently harmed you or a family member, we can help you work through this difficult time and pursue fair compensation.

At Caroselli, Beachler & Coleman, L.L.C., in Pittsburgh, our team of recognized medical malpractice attorneys represents the interests of clients who have suffered injuries from medical malpractice. For more than 45 years, our law firm has been successfully litigating cases throughout Pennsylvania. We urge you to contact us now for a free consultation.

 

What Is Considered Medical Malpractice in Pennsylvania?

Medical errors in this country are far too common and often carry devastating consequences. According to data published by the American Association for Justice (AAJ), medical errors are the third-leading cause of death in the United States, surpassed only by heart disease and cancer. This statistic is both shocking and sobering, especially considering that more Americans die from medical malpractice each year than from gun violence, car accidents, and opioid overdoses—combined.

While not all medical errors result in death, many lead to permanent disability, chronic pain, emotional trauma, and significant financial burdens. For victims and their families, these errors can be life-altering. If you or a loved one has suffered harm due to the negligence of a healthcare provider in Pennsylvania, it is critical to understand what constitutes medical malpractice and how the law protects you.

At Caroselli, Beachler & Coleman, L.L.C., we understand the heartache, stress, and devastation that a serious medical error can cause. Our attorneys have decades of experience standing up for patients and families whose lives have been upended by the careless actions of medical professionals. We are here to provide you with the legal guidance and advocacy you need to pursue the justice and compensation you deserve.

Defining Medical Malpractice in Pennsylvania

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care, and as a result, causes injury or death to a patient. The “standard of care” refers to the level and type of care that a reasonably skilled and competent healthcare professional would have provided under similar circumstances.

To have a valid medical malpractice claim in Pennsylvania, four key legal elements must be proven:

A professional duty of care was owed to the patient.

That duty was breached by a healthcare provider’s negligence or omission.

The breach of duty caused injury or harm to the patient.

The injury resulted in damages, such as pain and suffering, medical expenses, lost income, or wrongful death.

Proving these elements often requires expert testimony from medical professionals, detailed medical records, and thorough legal analysis. Pennsylvania has specific rules regarding the filing of malpractice claims, including statutes of limitation and certificate of merit requirements, making it essential to consult with a qualified attorney as soon as possible.

Common Examples of Medical Malpractice

At Caroselli, Beachler & Coleman, L.L.C., we represent clients who have suffered from a wide range of medical malpractice incidents. Below are some of the most common categories of medical negligence we encounter in our practice:

1. Birth Injuries

The birth of a child should be a joyful and celebratory moment. Unfortunately, when medical professionals fail to provide appropriate care during pregnancy, labor, or delivery, the consequences can be tragic. Birth injuries caused by malpractice can result in lifelong disabilities and emotional trauma for families.

Common birth injuries include:

Cerebral Palsy – Often caused by oxygen deprivation during labor or delivery, cerebral palsy can impair motor skills, muscle tone, and cognitive function.

Erb’s Palsy – A condition affecting the arm and shoulder due to brachial plexus nerve damage, usually the result of excessive pulling during delivery.

Shoulder Dystocia – A complication where the baby’s shoulders get stuck during birth, potentially leading to nerve injuries or oxygen deprivation if not handled properly.

These types of injuries are often preventable with appropriate monitoring, timely cesarean sections, and adherence to standard obstetric protocols.

2. Misdiagnosis and Delayed Diagnosis

A misdiagnosis or delayed diagnosis can have dire consequences. When a healthcare provider fails to identify a medical condition accurately or in a timely manner, the patient may not receive the appropriate treatment—allowing the disease to progress or worsen.

Some common misdiagnosed or undiagnosed conditions include:

• Cancer
• Heart attacks and strokes
• Infections (like sepsis or meningitis)
• Pulmonary embolism
• Autoimmune diseases

These failures can lead to unnecessary suffering, prolonged illness, irreversible damage, or even death. In some cases, the delay in diagnosis eliminates the possibility of successful treatment altogether.

3. Surgical Errors

Surgical mistakes are among the most serious types of medical malpractice and can occur at any stage of the procedure—from preparation to post-operative care. These errors are especially troubling because they often involve highly controlled, sterile environments where patients place immense trust in their care teams.

• Examples of surgical malpractice include:
• Wrong-site or wrong-patient surgery
• Leaving surgical instruments inside the body
• Organ or nerve damage during surgery
• Failure to monitor for post-surgical infections
• Inadequate anesthesia or pain management

Even seemingly “routine” surgeries can become dangerous if proper precautions and protocols are not followed.

4. Emergency Room Errors

Emergency rooms are often chaotic, high-pressure environments where quick decisions must be made. However, this is no excuse for medical professionals to act negligently or make reckless choices that compromise patient care.

• Common ER malpractice scenarios include:
• Failure to triage properly
• Misinterpreting lab results or imaging
• Failure to diagnose conditions like heart attacks, strokes, or internal bleeding
• Improper discharge of patients who still need care

Patients in emergency settings are especially vulnerable and deserve careful, timely, and competent care.

5. Hospital Negligence

Hospitals are responsible for ensuring that all aspects of patient care meet professional standards. Hospital negligence can occur due to systemic issues, poor hiring practices, understaffing, lack of training, or negligent supervision of staff.

• Types of hospital-related malpractice may include:
• Neglect leading to bedsores, falls, malnutrition, or dehydration
• Abuse—physical, emotional, sexual, or financial—of patients
• Failure to prevent or control infections
• Improper patient monitoring
• Inadequate recordkeeping or communication between departments

Hospitals have a duty to create and maintain a safe and clean environment. When they fail to do so, the results can be catastrophic.

6. Medication Errors

Medications are critical tools in the treatment and management of countless health conditions. But when errors are made in prescribing, dispensing, or administering these drugs, the consequences can be deadly.

• Some medication-related malpractice scenarios include:
• Prescribing the wrong drug or dosage
• Administering a drug to the wrong patient
• Failure to account for drug allergies or interactions
• Errors by pharmacists in filling prescriptions
• Defective or contaminated medications

These cases may involve both individual healthcare providers and pharmaceutical companies, depending on the nature of the error.

7. Transmission of Infectious Diseases

In recent years, there has been a rise in medical malpractice cases involving the transmission of infectious diseases, often due to negligent practices. These incidents typically result from the use of unsterilized or contaminated medical equipment, especially needles and surgical tools.

Patients have developed conditions such as:

• Hepatitis C
• HIV
•  Staph or MRSA infections
•  Other healthcare-associated infections (HAIs)

Proper sterilization, infection control, and safety protocols are not optional—they are mandatory responsibilities that healthcare providers must uphold at all times.

How Pennsylvania Law Handles Medical Malpractice Claims

If you believe you have been a victim of medical malpractice in Pennsylvania, it is important to act quickly. Under Pennsylvania law, you generally have two years from the date of the injury—or from when the injury was discovered—to file a lawsuit. This is known as the statute of limitations. However, exceptions may apply, especially in cases involving minors or when the injury could not have been reasonably discovered 

Additionally, Pennsylvania requires that a Certificate of Merit be filed along with your complaint. This certificate must be signed by a licensed medical professional who confirms that your case has merit—that is, that the medical provider likely breached the standard of care.

Navigating these legal requirements can be complex, which is why having an experienced legal team on your side is crucial.

Let Caroselli, Beachler & Coleman, L.L.C. Fight for You

Medical malpractice can shatter lives in an instant. At Caroselli, Beachler & Coleman, L.L.C., we are committed to holding negligent healthcare providers accountable and helping injured patients rebuild their lives. Our firm has decades of experience handling complex medical negligence claims across Pennsylvania. We work with a network of trusted medical experts and investigators to build strong, evidence-based cases for our clients.

When you work with us, you’re not just getting an attorney—you’re gaining a team that genuinely cares about your well-being and your future.

If you or someone you love has suffered due to medical malpractice, don’t wait. Contact Caroselli, Beachler & Coleman, L.L.C. today for a free consultation. We’ll help you understand your rights and take the next steps toward justice.

Medical Malpractice Law in Pennsylvania

For a case to qualify as medical malpractice, it must meet three specific criteria:

The Standard of Care Was Violated

Healthcare professionals are required to adhere to certain standards under all circumstances and at all times. This is generally referred to as the “standard of care.” Patients have a right to expect that they will receive the minimum required standard of care when receiving treatment. If this doesn’t happen, it could be an indicator of medical malpractice.

Medical Negligence Caused Your Injury

A deviation in the standard of care alone isn’t enough to justify a medical malpractice case. The deviation must also be the cause of your injury. As the patient, you will need to show that your injury would not have occurred if the negligence hadn’t taken place.

The Injury Resulted in Significant Damages

If the damages are small, it may not make sense to pursue a medical malpractice case. As medical malpractice cases are very expensive and time consuming to properly pursue. You will also need to demonstrate that your injury resulted in significant damages. Examples may include significant medical expenses, significant past and/or future lost wages, permanent disability, severe pain and suffering, emotional distress or death.

Why Do Medical Mistakes Occur?

The Journal of Patient Safety published a study reporting that hospital errors alone could be responsible for as many as 400,000 deaths each year. This is a staggering statistic, and there are many other patients who suffer serious physical and emotional consequences due to medical errors.

Through years of handling medical malpractice cases, some of the most common reasons we have seen for these tragic mistakes include:

• Lack of communication among healthcare providers;
• Understaffed facilities that ignore proper procedures and cut corners;
• Poor record-keeping that causes providers to miss important details about procedures and patient history;
• Drug and alcohol dependence among healthcare providers; and
• Lack of rest among providers which can compromise sound decision making.

Prescription Error

If you or someone you care about has been harmed by a prescription medication error, talking with the attorneys at Caroselli, Beachler & Coleman, L.L.C., can help you understand your legal options. Since 1972, we have been representing the victims of medical malpractice. Our lawyers use comprehensive knowledge, years of experience and extensive resources to help you achieve effective solutions in medical negligence cases.

There are many different types of medication errors that occur in doctor’s offices, pharmacies, hospitals and nursing homes throughout Pennsylvania:

• Failure to give medication
• Giving too much medication
• Giving the wrong type of medication
• Prescribing the wrong and dangerous combination of drugs
• Prescribing a medication despite a known drug allergy
• Giving inadequate instructions or directions
• Substitution of one incorrect drug for another

There are many reasons why medication errors occur. Many physicians fail to take a complete medical history, document the medications to which a patient has allergies or medications that a patient already takes. Many doctors also overprescribe medication or they prescribe medications that are much stronger than necessary, with bad side effects.

What To Do If You Suspect A Medication Error

If you suspect that a medication error is the cause of a serious health problem or the death of a loved one, you must act quickly. If you have lost a loved one, and suspect that there has been a medication error, you may need to consider whether an autopsy should be performed.

Who Is Responsible for Medical Negligence in Pennsylvania?

All healthcare providers are required to follow the standard of care. When they fail to do this and patients suffer substantial harm, those same providers can be sued for medical malpractice. In many cases, the negligent provider is a doctor, but this can vary.

Some of the parties that could be liable in a medical negligence case include:

• Doctors, surgeons, and physician’s assistants
• Nurses
• Physical therapists and chiropractors
• Hospital administrators
• Pharmacists
• Home health aides
• Electronic health record (EHR) software providers

Some medical malpractice cases involve more than one party that was negligent. Our Pennsylvania injury attorneys have experience handling these complex cases against multiple parties. When we take your case, we will conduct an independent investigation to identify the responsible parties so that they are held fully accountable.

Time Limits for Filing a Medical Malpractice Claim

When you’re sick or hurt, it’s difficult to focus on anything other than your recovery. All of your time and energy seems to be spent getting your life back on track. But if you wait too long, it might be too late to pursue the parties responsible for your circumstances.

According to Pennsylvania law, you have just two years to pursue a claim for medical malpractice. If you miss this deadline, called the statute of limitations, the courts will most likely disregard your case.

In some cases, you may not know that you were the victim of medical malpractice right away. According to the state’s “discovery rule,” you have two years from the date that you knew or should have known that a medical error took place to pursue legal action.

The statute of limitations in Pennsylvania is also different for minors. Because different time limits can apply, it’s vital that you speak with a qualified medical malpractice attorney to get your case started as soon as possible.

Seeking Medical Malpractice Justice on Your Behalf

When you’ve been injured by a healthcare provider, you are likely facing additional hospital fees as well as the loss of income and other damages. Proving medical malpractice can be challenging, which is why you need a legal team with the experience, skill, knowledge, and resources to advocate for your rights from the beginning. We provide free consultations, and we take medical malpractice cases on a contingency fee basis – which means no out of pocket risk to you.

If you suspect that you have been hurt by medical malpractice, speak with one of our experienced injury attorneys about your options. Contact us for a free, confidential consultation by calling 412-391-9860 in Pittsburgh or Western Pennsylvania, or toll-free at 866-466-5789. You can also reach out to us online through our contact form.