Pittsburgh Medical Malpractice Lawyers
Our Family-Owned, Family Run Firm Has Been Fighting for Injury Victims for Over 40 Years
As the third-leading cause of death in the United States, medical errors should receive much more attention than they do. Systemic weaknesses in the healthcare system and individual negligence can cause serious injuries or even wrongful death among patients. Even highly trained medical professionals can be careless, or worse, they may fail to uphold the “standard of care” that is expected of those in their position.
If you or a loved one has suffered a life-changing injury because of a doctor’s mis-action (or inaction), a lawsuit could help you understand more about how the mistake happened and hold the doctor accountable. Whether you are suffering from a birth injury or a delayed diagnosis, you can hold medical practitioners and their employers accountable for life-altering injuries that were caused by their negligence.
Our Pittsburgh medical malpractice lawyers at Robert Peirce & Associates, P.C. have over 150 years of combined experience and partner with medical consultants who can determine what error a physician made, how it caused a negative outcome for the patient, and what should have been done instead.
Call Robert Peirce & Associates at (844) 383-0565 to discuss your case. If you can’t come to us, we’ll come to you.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider — such as a doctor, nurse, or hospital — fails to provide treatment that meets the accepted standard of care, resulting in injury or harm to a patient. In other words, it’s not enough that a bad outcome occurred; the patient must show that the provider’s actions (or inaction) deviated from what a competent medical professional would have done in similar circumstances.
Examples of medical malpractice can include a misdiagnosis, surgical errors, or improper medication administration. To prove malpractice, the patient must typically establish four key elements:
- Duty of Care – The healthcare provider owed the patient a professional duty to deliver competent care.
- Breach of Duty – The provider failed to meet that standard through action or omission.
- Causation – The provider’s failure directly caused injury or worsened the patient’s condition.
- Damages – The patient suffered measurable harm such as medical bills, lost wages, or pain and suffering.
Common Forms of Medical Malpractice
Medical malpractice can occur in many different ways. Some of the most frequent forms of medical negligence include:
- Misdiagnosis or Delayed Diagnosis: A doctor’s failure to correctly diagnose a condition can lead to delayed or improper treatment. Conditions like cancer, stroke, or heart disease can worsen rapidly if not diagnosed early.
- Surgical Errors: Mistakes during surgery — such as operating on the wrong body part, leaving surgical tools inside the patient, or causing internal damage — can result in catastrophic injury or death.
- Medication Errors: Prescribing or administering the wrong medication or dosage is one of the most common causes of preventable patient harm in hospitals and pharmacies.
- Birth Injuries: Negligence during pregnancy, labor, or delivery can cause serious injuries to both mother and baby, including cerebral palsy, oxygen deprivation, or nerve damage.
- Anesthesia Errors: Incorrect anesthesia levels or failure to monitor a patient during surgery can result in brain damage, heart complications, or wrongful death.
- Failure to Obtain Informed Consent: Before performing a procedure, a doctor must explain the risks and alternatives. If a patient is injured during a procedure they didn’t fully understand or consent to, it may be grounds for a malpractice claim.
Medical Malpractice Laws in Pennsylvania
If you are pursuing a medical malpractice case in Pittsburgh, it’s important to understand how Pennsylvania law governs these claims.
Statute of Limitations
Under Pennsylvania law, victims of medical malpractice generally have two years from the date of injury — or from the date they reasonably discovered the injury — to file a claim. However, exceptions may apply in cases involving minors or fraud.
Certificate of Merit
To file a malpractice lawsuit, Pennsylvania requires a Certificate of Merit. This document must be signed by a qualified medical expert who attests that there is a reasonable probability that the defendant’s care fell below the acceptable standard of care.
Comparative Negligence Rule
Pennsylvania follows a modified comparative negligence rule. This means if a patient is found partially at fault for their injury, their compensation may be reduced by their percentage of fault. If they are more than 50% at fault, they cannot recover damages.
Damages in Medical Malpractice Cases
Victims of medical malpractice may be entitled to several types of compensation, including:
- Economic damages: Medical expenses, rehabilitation costs, and lost income.
- Non-economic damages: Pain, suffering, emotional distress, and loss of enjoyment of life.
- Wrongful death damages: Funeral expenses, loss of companionship, and loss of financial support (if the malpractice results in death).
Medical Malpractice FAQs
How do I know if I have a medical malpractice case?
If your condition worsened or you suffered unexpected complications due to a doctor’s mistake, you may have a valid claim. A lawyer can review your medical records and consult with experts to determine whether negligence occurred.
How long do medical malpractice cases take in Pennsylvania?
These cases can take months or even years, depending on their complexity, the number of parties involved, and whether a settlement is reached before trial.
Can I sue a hospital for a doctor’s mistake?
In some cases, yes. Hospitals can be held liable if the negligent doctor was an employee or if the facility’s own negligence contributed to the injury (such as poor staffing or lack of supervision).
What should I do if I suspect medical malpractice?
Seek medical attention right away from another provider to prevent further harm, and contact a qualified Pittsburgh medical malpractice lawyer immediately to preserve your rights.
Will my medical malpractice case go to trial?
Not all medical malpractice claims go to trial; many are resolved through settlements negotiated between the parties involved. However, if a fair settlement cannot be reached, the case may proceed to court, where a judge or jury will determine liability and damages.
What if my injury from medical malpractice doesn’t show up right away?
Some medical malpractice injuries, such as complications from a misdiagnosis or a surgical error, may take months or even years to become apparent. Pennsylvania follows the "discovery rule," which means the statute of limitations begins when the patient reasonably discovers—or should have discovered—the injury and its connection to medical negligence.
Are all bad medical outcomes considered malpractice?
No, not all negative medical results are due to malpractice. Medicine is not always predictable, and some treatments or procedures carry inherent risks even when performed correctly. Malpractice occurs when a healthcare provider fails to meet the standard of care, resulting in preventable harm.
How to Find a Medical Malpractice Attorney Near Me?
When searching for a medical malpractice lawyer near you, it is important to take the time to find an experienced attorney who has successfully handled many cases involving medical negligence. Experience in this area of law is essential, as these types of cases can be complex and require extensive experience with medical records and procedures.
A good place to begin your search is by asking friends, family members or colleagues if they have any recommendations. Additionally, you can use online resources such as the American Bar Association to find medical malpractice attorneys in your area. You should also read reviews from past clients to get a better idea of the type of service an attorney provides.
At Robert Peirce & Associates, P.C. we have a long history of successfully representing injury victims. Our family-owned, family-run firm has been protecting the rights and interests of individuals who have suffered from medical errors for over 40 years. We are here to help you get the results you deserve.
Call our Pittsburgh medical malpractice attorneys today at (844) 383-0565 to schedule a free case review.
Frequently Asked Questions
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Is There a Cap of Medical Malpractice Damages in Pennsylvania?Pennsylvania does not have a cap on economic or non-economic damages for medical malpractice cases, which are the two primary areas that victims can collect from. There are caps on punitive damages, but these are much more rare in medical malpractice areas.
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What Is a Certificate of Merit and Why Do I Need One?In Pennsylvania, you must file a “Certificate of Merit” that is signed by an expert witness before your case will even be considered. This step seeks to cut down on frivolous lawsuits by showing that another medical professional agrees the standard of care was not met and this caused you harm. Our team can help you connect with a suitable expert for your case.
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How Long Do I Have to Sue a Doctor for Malpractice?In every medical malpractice claim, you must be sure to file your lawsuit within the legally-allowed timeframe, or the “statute of limitations.” In Pennsylvania, you have 2 years from the date of malpractice (or the date at which you could reasonably be expected to discover it) to file a lawsuit against either a doctor, a hospital, or both.
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