When you visit a hospital or doctor in Allentown, you trust that the medical professionals treating you will meet the accepted standard of care. Unfortunately, medical errors happen more often than most people realize. From misdiagnoses and surgical mistakes to medication errors and birth injuries, medical malpractice can cause devastating, life-altering harm. If you or a loved one was injured by a healthcare provider’s negligence at an Allentown-area hospital or medical facility, you have the right to pursue compensation.
What Qualifies as Medical Malpractice in Pennsylvania?
Not every bad medical outcome is malpractice. To have a valid medical malpractice claim in Pennsylvania, you must be able to prove four elements:
- A doctor-patient relationship existed. The healthcare provider owed you a duty of care.
- The provider breached the standard of care. They failed to act as a reasonably competent provider in the same specialty would have acted under similar circumstances.
- The breach caused your injury. There must be a direct causal link between the provider’s negligence and your harm.
- You suffered actual damages. You experienced measurable harm — medical expenses, lost income, pain and suffering, disability, or death.
Pennsylvania also requires a Certificate of Merit in most medical malpractice cases. Before filing a lawsuit, your attorney must obtain a written statement from a qualified medical expert confirming that the healthcare provider deviated from the accepted standard of care and that the deviation caused your injury. This requirement exists under Pa.R.C.P. 1042.3.
Common Types of Medical Malpractice in Allentown
Allentown is home to several major healthcare facilities, including Lehigh Valley Hospital — Cedar Crest, St. Luke’s Hospital — Allentown Campus, and numerous specialty clinics and outpatient surgery centers. The most common types of medical malpractice claims arising from these facilities include:
- Misdiagnosis or delayed diagnosis. Failing to correctly identify a condition — particularly cancers, heart attacks, strokes, and infections — can allow the disease to progress to an untreatable stage.
- Surgical errors. Wrong-site surgery, retained surgical instruments, nerve damage during surgery, and anesthesia errors can cause permanent injury or death.
- Medication errors. Prescribing the wrong medication, the wrong dosage, or failing to account for dangerous drug interactions.
- Birth injuries. Failure to monitor fetal distress, delayed C-sections, improper use of forceps or vacuum extractors, and oxygen deprivation during delivery can cause cerebral palsy, Erb’s palsy, and other permanent injuries.
- Emergency room errors. Failure to properly triage, premature discharge, and misreading diagnostic imaging are common in busy emergency departments.
- Failure to obtain informed consent. Performing a procedure without adequately explaining the risks, alternatives, and potential complications.
If you need legal help, the experienced Allentown medical malpractice attorneys at Leeson & Leeson can help. Call (610) 200-6268 or contact us online for a free consultation.
Compensation Available in Medical Malpractice Cases
Pennsylvania does not cap compensatory damages in medical malpractice cases. If your claim is successful, you may recover:
- Past and future medical expenses — including corrective surgeries, rehabilitation, medications, and long-term care necessitated by the malpractice.
- Lost wages and lost earning capacity — compensation for income lost during recovery and any reduction in your future earning ability.
- Pain and suffering — physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life.
- Loss of consortium — compensation for the impact on your relationship with your spouse.
- Wrongful death damages — if malpractice caused a loved one’s death, surviving family members can recover funeral expenses, lost financial support, and compensation for loss of the relationship.
Medical malpractice cases involving catastrophic injuries — such as brain damage, spinal cord injuries, or permanent disability — can result in recoveries well into seven figures when lifetime care costs and lost earning capacity are properly calculated.
Attorney Joseph F. Leeson III brings a unique combination of legal, business, and financial expertise — with a JD, MBA, and CPA — to every case. Call (610) 200-6268 or contact us online to discuss your case.
Pennsylvania’s Statute of Limitations for Medical Malpractice
The statute of limitations for medical malpractice in Pennsylvania is two years from the date the injury occurred or the date it was discovered (or reasonably should have been discovered). This is known as the discovery rule. There is also a statute of repose of seven years from the date of the negligent act, which serves as an absolute deadline in most cases.
Exceptions exist for minors (who generally have until two years after turning 18 to file) and for cases involving foreign objects left in the body. Given these complex deadlines, consulting an attorney as soon as you suspect malpractice is critical. Understanding the timeline for personal injury cases in Pennsylvania can help you avoid missing important deadlines.
Why Allentown Medical Malpractice Victims Choose Leeson & Leeson
Joseph F. Leeson III is a Super Lawyers Rising Star and a member of the Million Dollar Advocates Forum. His combined JD, MBA, and CPA background gives him the financial expertise to calculate the true lifetime cost of medical malpractice injuries, including future surgeries, long-term rehabilitation, lost earning capacity, and ongoing care needs. This is particularly valuable in complex cases where the damages extend decades into the future.
Leeson & Leeson serves medical malpractice victims across the Lehigh Valley, including Allentown, Bethlehem, Easton, and the broader Lehigh Valley region.
Do not wait to get the legal help you deserve. The Allentown personal injury attorneys at Leeson & Leeson are ready to fight for you. Call (610) 200-6268 or contact us online today.
Frequently Asked Questions
How Do I Know If I Have a Medical Malpractice Case?
If you experienced a bad outcome after medical treatment and believe the healthcare provider made an error, consult an attorney who can have your case reviewed by a medical expert. Not every complication is malpractice, but if a qualified expert confirms that the provider deviated from the accepted standard of care and that deviation caused your injury, you likely have a valid claim.
What Is a Certificate of Merit in Pennsylvania?
A Certificate of Merit is a legal requirement under Pennsylvania Rules of Civil Procedure. Before filing a medical malpractice lawsuit, your attorney must obtain a written opinion from a qualified medical expert stating that the healthcare provider’s care fell below the accepted standard and caused your injury. This requirement helps ensure that only legitimate claims proceed to court.
Can I Sue a Hospital, Not Just the Doctor?
Yes. Hospitals can be held liable for the negligence of their employees (nurses, technicians, residents) and in some cases for the actions of attending physicians. Hospitals can also be directly liable for systemic failures such as understaffing, inadequate training, equipment failures, and failure to enforce safety protocols.
How Long Does a Medical Malpractice Case Take in Pennsylvania?
Medical malpractice cases are among the most complex personal injury claims. They typically take 18 months to three years or longer, depending on the severity of injuries, the number of defendants, and whether the case settles or goes to trial. Your attorney will work to resolve the case as efficiently as possible while ensuring maximum recovery.