Common Types of Medical Malpractice in Pennsylvania Hospitals

By Ben Gobel on April 28, 2025

Medical malpractice occurs when a healthcare professional fails to provide the accepted standard of care, resulting in harm to the patient. In Pennsylvania hospitals, this can include errors by doctors, nurses, or other medical staff that lead to injury or worsened medical conditions. Common types of medical malpractice in these settings often involve misdiagnosis, surgical errors, medication mistakes, and birth injuries.

The repercussions of medical malpractice are significant, affecting patients physically, emotionally, and financially. Pennsylvania law recognizes these cases and provides avenues for patients to seek compensation when negligence causes preventable harm. Understanding the common types of malpractice helps patients and families recognize when they may have been wronged.

Hospitals are complex environments where many professionals work under pressure, increasing the risk of mistakes. Identifying frequent malpractice issues in Pennsylvania hospitals enables better awareness and advocacy for patient safety and legal rights.

Prevalent Types of Medical Malpractice in Pennsylvania

Medical malpractice cases in Pennsylvania hospitals often involve errors during diagnosis, surgery, or anesthesia. These mistakes can lead to significant patient harm, including prolonged illness, permanent injury, or death.

Misdiagnosis or Delayed Diagnosis

Misdiagnosis and delayed diagnosis are frequent reasons for medical malpractice claims. They occur when healthcare providers fail to identify a medical condition accurately or in a timely manner.

Common conditions involved include cancer, infections, and heart attacks. A delayed cancer diagnosis, for example, can allow the disease to progress to an untreatable stage. Errors may arise from inadequate testing, misinterpretation of results, or overlooked symptoms.

Physicians must follow standard diagnostic protocols. Failure to do so may result in a breach of the standard of care that harms the patient.

Surgical Errors and Complications

Surgical errors encompass a range of mistakes such as operating on the wrong site, nerve damage, or leaving instruments inside the patient. Such errors often lead to extended hospital stays or additional surgeries.

Complications can also arise from poor planning, lack of sterility, or improper post-operative care. These mistakes are often preventable with proper procedural checks and adherence to surgical protocols. Hospital staff, including surgeons, nurses, and anesthesiologists, share responsibility for preventing these errors.

Anesthesia Errors

Anesthesia mistakes involve incorrect dosing, failure to monitor vital signs, or neglecting allergic reactions. These errors can cause brain damage, paralysis, or death.

Anesthesiologists must accurately assess patient history, carefully administer drugs, and continuously observe patients during procedures. Failure in any of these areas can lead to severe outcomes. Pennsylvania hospitals require strict anesthesia protocols, but lapses still occur, posing serious risks to patients.

Additional Hospital Malpractice Scenarios

Hospitals face various challenges that can lead to specific types of malpractice. Errors commonly involve injuries during childbirth, incorrect administration of medications, and delays or failures in providing proper treatment. These situations often arise from lapses in communication, inadequate training, or systemic procedural failures.

Birth Injuries and Delivery Room Errors

Birth injuries occur when healthcare providers fail to manage labor or delivery properly. These can include oxygen deprivation, brain damage, fractured bones, or nerve injuries caused during delivery. Errors might involve improper use of delivery tools like forceps or vacuum extractors, delayed cesarean sections, or failure to identify fetal distress promptly.

Delivery room mistakes often result from insufficient monitoring or misinterpretation of fetal heart rates. Hospitals must ensure proper staffing and adherence to protocols during labor to reduce risks. Families affected by birth injuries may pursue malpractice claims when negligence causes lasting harm to the newborn or mother.

Medication Errors

Medication errors in hospitals involve incorrect drug prescriptions, dosages, or administration routes. Common examples include giving the wrong medication, overdosing, underdosing, or failing to account for allergies and drug interactions. Such mistakes can lead to severe complications like organ damage, allergic reactions, or even death.

These errors often happen due to miscommunication between doctors and nurses, poor labeling, or failure of electronic health record systems. Hospitals prioritize medication safety through checklists, barcoding systems, and double-checks, but lapses can still occur. Documentation and verification procedures are critical to minimizing these risks.

Failure to Treat

Failure to treat occurs when hospital staff neglect or delay necessary medical interventions. This includes ignoring symptoms, not ordering required tests, or discontinuing treatment prematurely. It often leads to worsening conditions, infections, or preventable complications.

Common examples include delayed diagnosis of strokes or infections, or failure to respond to deteriorating vital signs. Hospitals must maintain vigilance in patient monitoring and timely decision-making. When untreated conditions cause harm, malpractice claims may focus on missed opportunities to provide appropriate care.

Medical Malpractice Laws and Claims in Pennsylvania

Pennsylvania has specific legal rules regulating medical malpractice claims. These rules set strict requirements for how and when claims must be filed, as well as the standards for proving malpractice.

Legal Framework for Malpractice Cases

Medical malpractice in Pennsylvania is governed by state laws that define the standards of care and liability. The claimant must prove the provider’s negligence caused injury, which relies on expert testimony.

The statute of limitations requires a claim to be filed within two years of the injury or discovery of the injury. However, no claims can be filed if more than seven years have passed since the event causing harm, regardless of knowledge.

Damages awarded are subject to Pennsylvania’s “collateral source rule,” which means compensation is deducted by any benefits the plaintiff has already received, such as insurance payments. There is no cap on noneconomic damages in Pennsylvania, unlike some states.

Filing a Medical Malpractice Claim

The claimant must first provide a notice of intent to the healthcare provider 60 days before filing the lawsuit. This notice must include a certificate of merit from a qualified medical expert confirming the validity of the claim.

The next step involves filing the formal complaint in court within the statute of limitations. Pennsylvania requires strict adherence to procedural rules, including detailed documentation and adherence to deadlines.

During the claim process, both sides participate in discovery, exchanging evidence and expert reports. Most cases are settled before trial, but unresolved cases proceed to litigation where the claimant must prove negligence and damages.

Guidance and Support from Ogg, Murphy & Perkosky, P.C.

Ogg, Murphy & Perkosky, P.C. provides expert legal assistance specifically tailored to medical malpractice cases in Pennsylvania. Our firm helps clients understand their rights and navigate the complex legal process involved in hospital negligence claims.

Why Choose Ogg, Murphy & Perkosky, P.C.

We specialize in medical malpractice law, with experience handling cases involving surgical errors, misdiagnoses, medication mistakes, and more. Our attorneys focus on building strong evidence-based cases to secure fair compensation for clients.

Our Pittsburgh Medical Malpractice attorneys offer clear communication and personalized attention throughout each step of the claim process. By working closely with medical experts, Ogg, Murphy & Perkosky ensures that each detail of the injury and its cause is thoroughly documented. Our track record reflects successful settlements and verdicts specific to Pennsylvania hospitals.

Next Steps for Victims of Medical Malpractice

Victims should contact Ogg, Murphy & Perkosky promptly to preserve evidence and meet legal deadlines under Pennsylvania’s statute of limitations. The firm provides an initial case review to evaluate the merits of the claim without immediate obligation.

Clients receive support gathering medical records, consulting experts, and preparing for negotiations or court proceedings. Ogg, Murphy & Perkosky guides victims through legal complexities, helping to ease the stress involved in holding hospitals accountable.