Philadelphia Medical Malpractice Lawyer

Medical errors cause more than 250,000 deaths in the United States every year, placing them among the top three causes of death nationally. In Philadelphia, home to Penn Medicine, Jefferson Health, Temple University Hospital, and CHOP, patients trust world-class institutions with their lives. When a physician or hospital at any of those facilities fails to meet the standard of care and injures a patient, Pennsylvania law provides a path to accountability and full compensation.

At the Law Offices of Greg Prosmushkin, P.C., our Philadelphia medical malpractice lawyer has represented medical malpractice victims across Northeast Philadelphia for over 30 years. Attorney Greg Prosmushkin is a six-time Pennsylvania Super Lawyer and has recovered over $100 million for injured clients.

Why Clients Choose the Law Offices of Greg Prosmushkin:

• $100+ million recovered for injured clients across documented cases
• 30+ years representing Philadelphia injury victims, including medical malpractice cases
• 4.5 star rating from 348+ verified Google reviews
• Fluent in English, Spanish, Russian, Polish, Ukrainian, and Italian
• Super Lawyers 2021-2026 (six consecutive years)
• Avvo Superb Rating 9.7/10

Request your free case review or call 215-799-9990.

What to Do If You Suspect Medical Malpractice in Philadelphia?

If you suspect a healthcare provider’s mistake caused you harm, your immediate actions are critical to your case. First, recognize the red flags: unexpected complications, deteriorating health post-treatment, concerns raised by other practitioners, or evidence of withheld information. Because medical malpractice claims are complex and vital evidence can vanish, you must act fast. Here is how to proceed if you suspect negligence.

1. Get Medical Care from a Different Provider: Seek treatment from a physician or hospital other than the one that may have caused the harm. This creates an independent clinical record of your current condition, separate from the facility under scrutiny.
2. Obtain Your Complete Medical Records: Pennsylvania law grants patients the right to access their full medical records. Request the complete chart: hospital records, lab results, imaging studies, nursing notes, and operative reports. Request original documentation, not a summary, and do it promptly.
3. Write Down Everything You Remember: Create a detailed written account of your treatment: dates, names of providers, what you were told, what procedures were performed, and when symptoms worsened. Preserve every bill, prescription receipt, and written communication from providers or their insurers.
4. Do Not Sign Anything Without Speaking to an Attorney First: Hospitals and their insurance carriers move quickly after patient-harm incidents. Do not sign any settlement offer, release, or recorded statement without first consulting a lawyer.
5. Contact a Philadelphia Medical Malpractice Attorney Promptly: Philadelphia medical malpractice claims must satisfy strict Pennsylvania mandates, including filing a Certificate of Merit verified by a qualified medical expert. Without a Philadelphia personal injury attorney specializing in medical malpractice cases coordinating that process, the case is dismissed on procedural grounds before it ever reaches its merits.

The earlier you engage counsel, the stronger your position will be. Contact us online or call 215-799-9990 for a free case review.

★★★★★

“I worked with Greg, Anastasia and Polina for about 21 months. I came into this case thinking I’d wait 10 years before seeing any money but they work so fast! I had a personal injury lawsuit that they won me TRIPLE the amount the worse party won in their settlement. Can you believe that? It’s all about who you have representing your case and Greg showed out! The team stood their ground so we never appeared weak to the other side, they set up numerous appointments for me, helped me/my friends/&family with other legal matters at no cost even when I won my lawsuit they never charged me and were always available to me ANY time during the day or even late at night. It was a hard process because of all of my injuries but I trusted my team and in the end it paid out, literally. I wish this team nothing but success ❤️ in the end everything worked out better than I could have EVER EVER EVER imagined, thank you all so much!”

-Jazmine Morgan, Google, 2025

What Are the Most Common Types of Medical Malpractice in Philadelphia?

Medical malpractice occurs when a licensed healthcare provider in Philadelphia fails to meet the accepted standard of care, and that failure directly causes harm to a patient. Knowing which types of negligence most commonly give rise to claims in Philadelphia can help you recognize whether your experience qualifies.

• Misdiagnosis, Delayed Diagnosis, and Failure to Diagnose: Diagnostic errors involving cancer, vascular events, and serious infections account for 74.1% of all misdiagnosis-related malpractice claims resulting in permanent disability or death. Stroke misdiagnosis is among the most time-critical of these errors. Heart attack misdiagnosis, particularly in women and younger patients whose presentations differ from classic symptoms, is another recognized source of emergency malpractice claims. Cancer staging errors fall within this category as well, because a correct diagnosis paired with an incorrect stage can result in undertreated disease and preventable spread.
• Sepsis and Serious Infection Cases: Sepsis is a life-threatening emergency that arises when the body’s response to infection causes widespread organ dysfunction. It is also one of the most frequently missed diagnoses in hospital settings. Failure to recognize early sepsis indicators, delays in initiating treatment protocols, and inadequate monitoring of patients with known infection risks are all recognized bases for malpractice claims when patients suffer organ failure, limb loss, or death as a result.
• Surgical Errors: Surgical mistakes include operating on the wrong body part or patient, leaving surgical instruments inside the patient, causing nerve damage, and post-operative complications from substandard care. Orthopedic surgery errors, including hardware misplacement, improper fracture fixation, and post-surgical infection from inadequate wound management, represent a distinct and frequently litigated subcategory. Plastic surgery malpractice, including nerve damage, improper anesthesia management, and inadequate post-operative monitoring, also gives rise to valid claims. Certain surgical mistakes are classified as “never events” by patient safety organizations, meaning no accepted standard of care permits them under any circumstances.
• Radiology and Imaging Errors: Failure to identify a tumor, fracture, bleed, or vascular abnormality on imaging studies is a well-documented source of malpractice claims. Published research in the American Journal of Roentgenology found that nearly 75% of all malpractice claims against radiologists are related to diagnostic errors. A treating physician’s failure to act on an abnormal result reported by a radiologist is separate but equally actionable.
• Medication Errors: The FDA’s Center for Drug Evaluation and Research receives more than 100,000 medication error reports each year. In Philadelphia, these errors take the form of wrong drug prescriptions, incorrect dosages, failure to catch dangerous drug interactions, and pharmacy dispensing mistakes.
• Birth Injuries: Nearly 30,000 babies are born with some form of birth injury each year in the United States. 80% of resulting malpractice claims involve high-severity harm with permanent or semipermanent consequences. General negligence during labor and failure to recognize fetal heart complications are among the leading reasons Philadelphia families file.
• Anesthesia Errors: Anesthesia errors can cause permanent brain injury and death. Common failures include incorrect dosing, failure to review a patient’s allergy history, improper intubation, and inadequate vital sign monitoring.
• Emergency Room Errors: ER misdiagnosis of heart attacks, strokes, internal bleeding, and fractures is a leading source of malpractice claims. Patients sent home prematurely or whose critical test results were never reviewed are among the most common fact patterns. See also: What happens when you slip and fall at a Philadelphia hospital?
• Hospital-Acquired Infections: The CDC reports that on any given day, approximately 1 in 31 hospitalized patients has at least one healthcare-associated infection. Infections from surgical sites, central line contamination, and catheter mismanagement that result from a hospital’s failure to follow infection control protocols are grounds for a negligence claim.
• Nursing Malpractice: Nurses carry direct responsibility for patient monitoring, medication administration, and escalating changes in condition to treating physicians. Nursing malpractice includes wrong medication administration, failure to monitor vitals, and inadequate supervision of fall-risk patients.

No matter what type of medical error harmed you in Philadelphia, you do not have to face it alone. Contact our medical malpractice attorney for a free, no-obligation case review.

What Is Your Philadelphia Medical Malpractice Case Worth?

Pennsylvania ranks among the top five states nationally for total medical malpractice payments, with average payouts reaching approximately $526,000 in 2024. Case values vary significantly depending on the severity and permanence of the harm. Minor injuries may resolve for tens of thousands of dollars, while catastrophic cases involving brain damage, paralysis, or wrongful death can result in million-dollar outcomes.

Understanding the types of compensation available can help you know what to expect:

Economic Damages: Quantifiable financial losses caused by the malpractice, including:

• Past and future medical expenses, including hospitalizations, surgeries, medications, rehabilitation, medical devices, and in-home care costs
• Lost income during the recovery period, including wages, bonuses, and employment benefits
• Reduction in future earning capacity when the injury permanently limits the victim’s ability to work at their previous level
• The cost of home modifications, assistive equipment, and ongoing personal care assistance made necessary by the injury

Non-Economic Damages: Address the human toll of the malpractice beyond financial loss:

• Physical pain and suffering caused by the injury and by the medical treatment required to address it
• Psychological harm, including anxiety, depression, and post-traumatic stress
• Loss of enjoyment of life when activities, relationships, or hobbies are no longer available to the victim
• Permanent disfigurement or physical alteration
• Loss of consortium, meaning the impact of the injury on the victim’s relationship with a spouse or domestic partner

Note: Pennsylvania places no cap on economic or non-economic damages in medical malpractice cases. Pennsylvania law does not impose a statutory ceiling on either category. Victims can pursue full compensation for all documented losses.

• Punitive Damages: Pennsylvania allows punitive damages in medical malpractice cases involving intentional misconduct or reckless indifference to patient safety. Punitive damages are capped at 200% of the compensatory damages awarded, with a minimum floor of $100,000 in cases where punitive damages are otherwise warranted.
• Wrongful Death and Survival Claims: When malpractice causes a patient’s death, Pennsylvania law permits a wrongful death claim under 42 Pa.C.S. § 8301, recovering financial support and companionship the deceased would have provided, and a survival action under 42 Pa.C.S. § 8302, recovering what the decedent personally suffered before death. The Law Offices of Greg Prosmushkin, P.C. secured a $3,300,000 wrongful death settlement recognized as a Top 10 Pennsylvania result by TopVerdict.com in 2020. If your family has lost a loved one due to medical negligence, a Philadelphia wrongful death lawyer at our firm can evaluate your claim at no cost.

Find out what your case could be worth. Request a free insurance review.

★★★★★

“What sets The Law Offices of Greg Prosmushkin apart is their dedication to achieving the best outcome. Anastasia is not only a skilled legal expert but also someone who genuinely cares about her clients. Her professionalism and commitment made a challenging situation much easier to handle. I never felt like just another case—Anastasia treated my matter with the utmost importance and went above and beyond to ensure the best result.”

-Sal Abalov, Google, 2025

Why Do Medical Errors Happen in Philadelphia?

Many complications are inherent to serious illness and unavoidable regardless of the quality of care. Many others result from institutional failures that a properly managed facility would have prevented. That distinction is legally decisive.

• Communication Failures: Critical information is often lost during patient transfers between units, during shift changes without complete handoffs, and when specialists fail to share their findings with treating physicians.
• Chronic Understaffing and Provider Fatigue: Research consistently links provider fatigue and inadequate nurse-to-patient ratios to increased error rates, with patients cared for by overburdened nurses showing measurably higher rates of adverse outcomes.
• Inadequate Training and Supervision: Residents performing procedures beyond their competency level without attending oversight, and staff unfamiliar with new equipment or protocols, reflect preventable institutional failures.
• EHR Alert Fatigue: The Agency for Healthcare Research and Quality (AHRQ) has documented alert fatigue in electronic health record systems, where clinicians begin to ignore safety warnings because they are triggered too frequently. When the system designed to catch errors becomes part of the error, the institution bears responsibility.
• Deviation from Safety Protocols: Surgical safety checklists, infection control procedures, and medication administration protocols exist because evidence shows they reduce harm. Skipping these steps is not a complication; it is a preventable failure.

Reach out to us to discuss whether any of these systemic issues contributed to your injury.

4 Elements Required to Prove a Philadelphia Medical Malpractice Claim

Pennsylvania medical malpractice law requires a plaintiff to establish four elements, often called the “4 Ds,” before a claim can succeed. The plaintiff must prove each element by a preponderance of the evidence. A failure on any single element defeats the entire claim, regardless of how clearly the others are established.

1. Duty: A patient-provider relationship automatically creates a legal duty of care. Treatment by any licensed physician, hospital, or healthcare professional in Philadelphia establishes this duty.
2. Breach of Duty: The provider’s conduct must have fallen below what a reasonably competent practitioner in the same specialty would have done. This requires qualified expert testimony.
3. Direct Causation: The breach must have been a substantial contributing factor in producing the harm. A bad outcome alone is not proof. The firm’s use of focus groups and mock trials pressure-tests causation arguments before trial.
4. Damages: The plaintiff must have suffered actual, measurable harm. Without provable damages, no valid claim exists.

Pennsylvania Medical Malpractice Laws

The Medical Malpractice Lawsuit Process in Pennsylvania

Medical malpractice cases follow a structured legal path. The Law Offices of Greg Prosmushkin, P.C. manages every phase below on behalf of its clients.

Step 1: Case Evaluation and Investigation: The firm obtains and reviews all medical records, consults with specialists, and evaluates whether the harm resulted from negligence or an unavoidable complication before any complaint is filed.

Step 2: Certificate of Merit: A qualified expert in the relevant specialty reviews the records and confirms that care fell below accepted standards. This written statement supports the Certificate of Merit filed within 60 days of the complaint.

Step 3: Filing the Complaint and Selecting a Venue: The formal complaint is filed, identifying defendants, negligent acts, and damages sought. Under the January 1, 2023, venue rule change, strategic county selection is a material decision made at the outset.

Step 4: Discovery: Both parties exchange documents and take sworn testimony. Medical records, hospital policies, credentialing files, staffing records, and expert reports are gathered. Discovery in complex cases can span one to two years.

Step 5: Expert Reports and Depositions: Each side’s medical experts prepare written reports on the standard of care, breach, and causation, and then are deposed under oath.

Step 6: Negotiation and Mediation: Most Pennsylvania malpractice cases settle before trial. Insurance carriers who know opposing counsel is genuinely trial-ready make more serious offers. Because we refuse to accept settlements that undervalue a client’s recovery, we help you weigh your options when deciding whether you should settle or go to trial to ensure you receive the highest compensation possible.

Step 7: Trial: When negotiation fails, the case goes before a Philadelphia jury. Medical expert testimony, documentary evidence, and lay witness testimony are all presented.

Step 8: Post-Trial and Appeals: Any party may appeal. The firm pursues all post-trial remedies to protect and enforce the result for its clients.

Most Pennsylvania malpractice cases resolve in one to three years from filing. Complex cases take longer. See the personal injury FAQ for more on timelines.

Who Can Be Held Liable for Medical Malpractice in Philadelphia?

A malpractice claim is not necessarily limited to a single defendant. Multiple parties can share legal responsibility depending on how the harm occurred, and identifying all of them is essential to maximizing recovery.

• Physicians and Specialists: The treating physician is the most common primary defendant, including surgeons, anesthesiologists, radiologists, oncologists, and ob-gyns.
• Hospitals and Medical Facilities: Under the corporate negligence doctrine, hospitals are directly liable for systemic issues like negligent credentialing, understaffing, or equipment failure. If a facility’s administrative choices caused you harm, our Philadelphia professional malpractice attorneys can help hold the institution accountable.
• Nurses and Clinical Staff: Registered nurses, physician assistants, and technicians carry independent liability for negligent acts within their scope of practice, including medication errors and failure to escalate changes in patient condition.
• Pharmacies and Pharmacists: Liable for dispensing the wrong drug, incorrect dosages, failure to screen for interactions, and failure to counsel patients on contraindications.
• Medical Device and Drug Manufacturers: When a defective product contributed to the injury, the manufacturer may face product liability, pursued alongside malpractice claims against treating providers.
• Government Healthcare Facilities: Claims against VA hospitals, federal clinics, or city-operated Philadelphia facilities are subject to stricter administrative deadlines. Consider legal help immediately if a government facility was involved.

Philadelphia Hospitals Where We Handle Malpractice Claims

Philadelphia’s major hospital systems treat millions of patients each year. When negligence at these institutions causes harm, the Law Offices of Greg Prosmushkin, P.C. holds them accountable.

• Penn Medicine: Penn Medicine operates the Hospital of the University of Pennsylvania, Penn Presbyterian Medical Center, and Pennsylvania Hospital. Despite its national ranking, Penn Medicine physicians and staff can still commit errors that cause serious patient harm. We pursue claims against Penn Medicine for surgical mistakes, diagnostic failures, and nursing negligence.
• Jefferson Health: Thomas Jefferson University Hospital serves as Jefferson Health’s flagship on Walnut Street. In 2021, Jefferson merged with Einstein Healthcare Network. Patients harmed at Einstein Medical Center Philadelphia may now need to file claims against Jefferson Health as the parent organization. Our firm identifies the correct defendants when hospital ownership has changed.
• Temple University Hospital: Temple operates a Level I trauma center on North Broad Street with high emergency volumes. A busy ER does not excuse missed diagnoses, delayed treatment, or surgical errors. We handle claims against Temple for emergency room malpractice, post-operative failures, and inadequate patient monitoring.
• Children’s Hospital of Philadelphia: CHOP is one of the nation’s top pediatric hospitals. When CHOP physicians fail to meet pediatric standards of care, injured children and their families have legal options. Pennsylvania’s minority tolling rules extend filing deadlines for claims involving children, giving families until the child’s 20th birthday to file.

Large hospitals have dedicated legal teams and substantial insurance coverage. They fight malpractice claims aggressively. Pennsylvania’s corporate negligence doctrine allows patients to hold hospitals directly liable for failures in credentialing, staffing, and facility safety, separate from any individual physician’s negligence.

How Philadelphia Hospital Insurance Companies Fight Malpractice Claims

Philadelphia hospitals and their physicians carry malpractice insurance specifically designed to limit payouts. The claims adjusters and defense attorneys retained by those carriers are experienced litigators. Understanding how they operate helps you avoid the traps they set.

• Outright denial. Defense experts argue that the provider met the standard of care and that the outcome was unavoidable regardless of the care delivered.
• Shifting blame to the patient: Defense teams scrutinize whether the patient followed instructions, disclosed their full medical history, or sought timely care.
• Disputing causation. Even when a breach is acknowledged, insurers argue it did not cause the harm. Winning on causation requires expert testimony prepared and pressure-tested well before trial.
• Premature settlement offers. Early and quick settlements are made before the victim understands the full extent of long-term care costs and lost earning capacity. Signing a release closes the claim permanently.
• Deliberate delay. Extended discovery and repeated deadline requests create financial pressure designed to push plaintiffs toward accepting less than their claim is worth.
• Independent medical examinations. Insurer-selected physicians routinely minimize injury severity or dispute causation. Challenging these conclusions is a standard part of the firm’s case handling.

Do not face these tactics without experienced counsel. Contact the Law Offices of Greg Prosmushkin, P.C. or call 215-799-9990.

Why Philadelphia Medical Malpractice Victims Choose Greg Prosmushkin

Malpractice defense is the most heavily resourced area of personal injury litigation. Hospitals and physicians carry multimillion-dollar insurance policies. Their carriers retain specialized defense firms from the moment a patient complaint is filed. The Law Offices of Greg Prosmushkin prepares for this opposition from day one.

• Certificate of Merit Coordination: We coordinate expert review across relevant medical specialties as part of standard case handling, at no upfront cost.
• Advanced Trial Methodology: Attorney Greg Prosmushkin holds an LL.M. in Trial Advocacy from Temple University Beasley School of Law and a Master Graduate credential from the Keenan Trial Institute, a multi-year advanced trial training program completed by a small fraction of practicing personal injury attorneys nationally.
• Focus Groups and Mock Trials: We use focus groups and mock trials to test serious cases before trial. This exposes weaknesses in how evidence is framed and how expert testimony lands with non-specialist jurors, a methodology rarely used by personal injury firms of any size.
• Documented Results Against Insurer Resistance: The firm has recovered amounts that were multiples of insurer opening offers, including a $247,500 settlement against an opening offer of $12,000 and a $500,000 recovery in a matter that a prior attorney had significantly undervalued.
• All of Philadelphia Represented: The firm provides legal services in English, Russian, Spanish, Italian, Polish, and Ukrainian.

Meet the legal team. No fees are charged unless the firm recovers compensation. Request a free insurance review.

★★★★★

“We had been to several other lawyers who had dismissed our case and told us that there was no point in perusing legal action. The legal team at the law offices of Greg Prosmushkin thought otherwise and I’m glad they did. They took on our case and won! Greg and his staff treated us with such uplifting and positive expertise that we have never experienced before. Accidents happen and unfortunately people do get hurt, with that said we were extremely fortunate to have Greg Prosmushkin by our side during this entire process. It’s very rare nowadays to see such professionalism, but with Greg and company that’s all you get! Thank you so much for your diligent service on behalf of my entire family.”

-Anna Margolin, Google, 6 years ago

Speak With a Philadelphia Medical Malpractice Lawyer Today

Medical records are alterable. Witnesses lose detail. The statute of limitations runs immediately after the harm occurs. Philadelphia hospitals and their insurance companies are building a defense from day one. Waiting costs victims evidence, witnesses, and sometimes their entire claim.

We move quickly to preserve evidence, retain qualified medical experts, and protect our clients’ rights from the moment of first contact.

No financial risk or hiring obligation.

• $0 upfront costs. The firm advances all case-related expenses.
• A free, direct evaluation of your claim.
• 100% contingency fee. No recovery, no fee.

Areas We Serve

The Law Offices of Greg Prosmushkin represents medical malpractice victims from our Philadelphia office, at Bustleton Avenue, Philadelphia, PA 19115.

Pennsylvania Communities Served

Philadelphia County: Philadelphia | Northeast Philadelphia | Center City | South Philadelphia | Germantown Bucks County: Bensalem | Levittown | Langhorne | Bristol | Doylestown | Bucks County Montgomery County: Horsham | Lansdale | King of Prussia Delaware County: Drexel Hill | Chester Lehigh / Northampton: Allentown | Bethlehem Other PA: Feasterville

Frequently Asked Questions: Philadelphia Medical Malpractice

Is a Bad Outcome the Same as Medical Malpractice in Philadelphia?

No. Medicine carries inherent risk, and not every poor outcome is malpractice. A Philadelphia provider is liable only when their conduct falls below the accepted standard of care, and that failure directly causes the harm. Complications that occur despite proper treatment do not qualify. An attorney evaluates whether negligence or an unavoidable outcome caused your injury.

How Do I Know If I Have a Medical Malpractice Case in Philadelphia?

Four elements must be present: a patient-provider relationship establishing a duty of care, conduct that fell below the accepted standard of care, a direct causal link between that conduct and your harm, and actual measurable damages. If you experienced an unexpected outcome, a worsening condition after treatment, or were told by another provider that something went wrong, those are signals worth evaluating. The firm reviews cases at no cost and no obligation. A free case review is the fastest way to find out where you stand.

What Is the Average Medical Malpractice Settlement in Philadelphia?

Pennsylvania ranks among the top five states nationally for total malpractice payments, with average payouts reaching approximately $526,000 in 2024, according to the National Practitioner Data Bank. That figure is a statistical average across all case types and severity levels. Minor injuries may resolve for tens of thousands of dollars. Cases involving permanent disability, brain damage, or wrongful death routinely produce seven-figure outcomes. The only reliable way to estimate what your specific case is worth is through a detailed evaluation of your medical records, the nature of the negligence, and the full extent of your damages.

How Long Does a Philadelphia Medical Malpractice Case Take?

Most Philadelphia malpractice cases resolve in one to three years from the date of filing. Cases involving catastrophic injury, wrongful death, or complex causation disputes can take three to five years. Expert discovery, court scheduling, and potential appeals all affect the timeline.

What Does It Cost to Hire a Philadelphia Medical Malpractice Lawyer?

Nothing upfront. The Law Offices of Greg Prosmushkin works on a 100% contingency fee basis. No attorneys’ fees and no case costs are collected unless compensation is recovered. If no recovery is made, the client owes nothing. Request a free insurance review to understand your coverage options.

Can I Sue if I Signed a Consent Form?

Yes, in most circumstances. A consent form documents that you were informed of known risks associated with a procedure. It does not authorize negligent care, nor does it release a provider from liability for conduct that fell below the accepted standard. If a provider caused harm through negligence, an incompetent technique, or a failure to disclose a material risk that would have led you to decline the procedure, a signed consent form is not a bar to recovery under Pennsylvania law.

How Do I Get My Medical Records for a Malpractice Case?

Pennsylvania law grants patients the right to access their complete medical records under 28 Pa. Code § 115.28. Submit a written request directly to the hospital or provider’s medical records department asking for the full chart, including hospital records, nursing notes, lab results, imaging studies, and operative reports. Request original documentation rather than a summary. Once you retain the Law Offices of Greg Prosmushkin, the firm handles medical record collection and preservation on your behalf as part of standard case handling.

What If My Doctor Says My Complication Was Unavoidable?

That is a common defense position, not a legal conclusion. Providers and their insurers routinely characterize negligence as an unavoidable complication. Whether a complication was truly unavoidable or resulted from a departure from the standard of care is a question that requires independent review by a qualified medical expert in the relevant specialty. The firm retains those experts as part of standard case evaluation before any complaint is filed.

Can I Sue the Hospital as Well as the Treating Physician?

In most situations, yes. Philadelphia hospitals are directly liable for negligent credentialing, unsafe conditions, understaffing, and employee negligence. Hospitals may also carry vicarious liability for independent contractor physicians. The firm investigates all potential defendants to maximize recovery.

Can I File a Malpractice Claim Against a Nurse?

Yes. Registered nurses, licensed practical nurses, and other clinical staff carry independent liability for negligent acts within their scope of practice. Nursing malpractice includes wrong medication administration, failure to monitor and escalate changes in a patient’s condition, inadequate supervision of fall-risk patients, and failure to follow physician orders correctly. A nurse’s employer, whether a hospital or staffing agency, may also share liability depending on the circumstances.

Does It Matter Which Philadelphia Hospital the Malpractice Occurred At?

Yes. Different Philadelphia hospitals carry different insurance structures, credentialing histories, and institutional track records. Whether the facility is a teaching hospital, a community hospital, or a federally operated clinic affects the legal rules that apply, the defendants who can be named, and the venue strategy.

Can I Still File a Philadelphia Malpractice Claim If I Was Partially at Fault?

Yes, provided your share of fault does not exceed 50%. Under Pennsylvania’s modified comparative negligence rule, your compensation is reduced by your percentage of fault. For example, a patient found 30% responsible recovers 70% of the award. Only patients found more than 50% at fault are barred from recovery entirely.