Medical errors injure or kill many patients each year. When healthcare providers fail to meet accepted standards of care, the consequences can range from temporary complications to permanent disability or even death. Our firm handles cases involving complex catastrophic injury matters, serious medical harm, mass torts, and institutional misconduct.
The legal team at Kline & Specter includes five medical doctors who practice full-time as Philadelphia medical malpractice attorneys. This combination of medical and legal experience provides a strong foundation for the firm's approach to evaluating medical records and presenting technical evidence in court. Our work includes verdicts and settlements across a range of high-stakes cases, reflecting our experience with complex litigation
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider's treatment falls below the accepted standard of care and causes harm to a patient. The standard of care refers to what a reasonably competent medical professional with similar training would do under comparable circumstances.
Poor outcomes don’t always constitute malpractice. Medicine involves inherent risks, and unfavorable results can occur even when providers act appropriately. A valid claim requires proof that the provider deviated from accepted standards and that this deviation caused injury or death.
Medical negligence can occur during evaluation, diagnosis, treatment, surgery, medication administration, or follow-up care. It could involve action taken or failure to act when intervention was necessary.
What Are the Types of Medical Malpractice Cases We Handle?
We evaluate cases involving various forms of medical negligence. Common categories include delayed or missed diagnoses of serious conditions such as cancer, heart attacks, strokes, and infections. Diagnostic errors sometimes result from failure to order appropriate tests, misinterpretation of imaging studies, or inadequate patient assessment.
Surgical cases may involve wrong-site procedures, damage to surrounding structures, retained foreign objects, lack of due care, or inadequate post-operative monitoring. Birth injury matters frequently center on oxygen deprivation during labor and delivery, failure to perform timely cesarean sections, or improper use of delivery instruments.
Medication errors encompass wrong prescriptions, incorrect dosages, failure to account for drug interactions, and administration mistakes. Anesthesia cases could involve dosing errors, failure to monitor vital signs, or inadequate airway management.
Hospital infection cases relate to failure to follow sterile protocols or inadequate treatment of developing infections by doctors and hospitals. Emergency room matters may involve premature release, failure to recognize critical symptoms, or delays in consultation with specialists.
Do You Have a Valid Medical Malpractice Case?
Establishing a medical malpractice claim requires demonstrating specific elements. First, there must be a doctor-patient relationship establishing a duty of care. This relationship exists when a provider undertakes consultation or treatment.
Second, the evidence must show that the provider's actions fell below the accepted standard of care for that circumstance.
Third, causation must be established; that is, the substandard care must have directly caused or substantially contributed to the injury. It is insufficient to show that a provider made an error if that error did not result in harm. The connection between the breach and the injury must be demonstrated through medical evidence.
Finally, a victim of medical malpractice must demonstrate damages as a result of medical negligence, such as additional medical treatment, disability, lost income, pain and suffering, or other quantifiable harm. Dissatisfaction with care or poor bedside manner alone does not constitute a viable claim.
Medical records and expert analysis are central to evaluating these claims. Qualified medical experts review the care provided and offer opinions on whether it met professional standards. These experts must be familiar with the applicable standards. Each case is fact-specific, and outcomes depend on the circumstances involved.
"After being rejected by several other prominent law firms, Tom Kline took our case, telling us that he was ‘all in’ and that he would fight for us to make sure the parties responsible for our loss would be held accountable. Tom is a compassionate and real human being who felt our pain and was able to convey the depth of that pain and our hardships to the jury. When you lose a loved one, there is no “victory” in court, but with the persistence of Tom Kline and his staff, we were vindicated. Those responsible were, indeed, held accountable."
Why Medical Malpractice Claims Are Complex in Pennsylvania
Pennsylvania medical malpractice litigation involves specific procedural requirements. The state requires a Certificate of Merit from a qualified medical expert before a case can proceed.
These cases require extensive investigation and testimony from multiple specialists. Thorough case preparation is necessary since defense counsel typically challenges both the standard of care and causation.
Discovery in these matters can be lengthy, involving review of extensive medical records, depositions of treating providers, and reports from medical experts on both sides. The technical nature of medical evidence also requires careful presentation to judges and juries unfamiliar with medicine and medical terminology.
"After being rejected by several other prominent law firms, Tom Kline took our case, telling us that he was ‘all in’ and that he would fight for us to make sure the parties responsible for our loss would be held accountable. Tom is a compassionate and real human being who felt our pain and was able to convey the depth of that pain and our hardships to the jury. When you lose a loved one, there is no “victory” in court, but with the persistence of Tom Kline and his staff, we were vindicated. Those responsible were, indeed, held accountable."
How Our Philadelphia Medical Malpractice Attorneys Can Help
Our team of Philadelphia medical malpractice attorneys includes five full-time doctor-attorneys who now practice law rather than medicine. This medical expertise informs case evaluation, expert consultation, and evidence presentation. The combination of clinical knowledge and legal experience allows effective assessment of medical records and presentation of technical evidence.
Kline & Specter has secured substantial verdicts in Pennsylvania courts across cases involving hospitals, medical groups, and individual practitioners. Case evaluation is conducted individually to determine whether the facts support a viable claim. Representation is provided on a contingency basis, meaning legal fees and costs are paid only if recovery is obtained.
"My experience with Kline and Specter was exceptionally good—considering that the situation my husband and I faced was life-changing and terrible. I was especially appreciative of the way that the firm staff, as well as the lawyers we worked with, were both responsive and understanding of the emotional turmoil that comes with serious personal injury … I will always be grateful for the excellent representation that Shanin Specter, Gary Zakeosian and the rest of the legal team provided to us."
What Compensation Is Available in a Medical Malpractice Lawsuit?
Compensation in medical malpractice cases typically includes economic and non-economic damages. Economic damages cover quantifiable losses such as medical expenses, future care costs, lost wages, and diminished earning capacity. Past medical expenses include all treatment required to address the injury. Future medical expenses may encompass ongoing therapy, nursing care, medication expenses, assistive devices, and home modifications.
Non-economic damages address pain and suffering, loss of enjoyment of life, and emotional distress. The calculation considers the severity and permanence of injuries, the impact on daily functioning, and the overall effect on quality of life. These damages recognize that serious injuries affect more than financial well-being.
In cases involving wrongful death, surviving family members may pursue claims including loss of companionship, funeral expenses, and other losses. Pennsylvania law specifies which family members may bring such claims. Certain legal timelines and requirements may apply, depending on the facts of the case.
Pennsylvania does not cap damages in medical malpractice cases. The amount recoverable depends on the specific facts, the extent of injury, and the evidence presented. Juries determine appropriate compensation based on the evidence and testimony provided during trial.
How Long Do You Have to File a Medical Malpractice Claim in Philadelphia?
Pennsylvania’s statute of limitations for medical malpractice lawsuits requires claims to be filed within two years. The timeframe typically begins when the injury occurs or when the patient reasonably should have discovered the injury and its cause through reasonable diligence.
Certain circumstances affect this timeframe. For example, cases involving minors follow different rules, and they may bring claims until age 20. Foreign object cases may have extended deadlines. Each situation requires individual analysis based on specific facts.
Given the complexity of determining when the statute of limitations begins to run and the time needed to investigate and prepare these cases, we advise prompt legal consultation for anyone who believes they may have been harmed by improper medical care.
Why Choose Kline & Specter as Your Medical Malpractice Law Firm?
Kline & Specter stands out among medical malpractice law firms since we maintain a team of five full-time doctor-attorneys who practice law rather than medicine, more than any other law firm in the United States. This medical expertise informs case evaluation and evidence presentation, as well as how we consult with outside experts. This combination of clinical knowledge and legal experience allows for effective assessment of medical records and presentation of technical evidence.
Our attorneys have secured substantial verdicts in Pennsylvania courts across cases involving hospitals and medical groups, along with individual practitioners. We conduct case evaluation individually to determine whether the facts support a viable claim. Representation is provided on a contingency basis, meaning you pay legal fees and costs only if we obtain a recovery.
Get A Free Case Review From Our Experienced Philadelphia Medical Malpractice Attorneys
Our firm handles cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, we work with local attorneys as applicable.
If you have questions about a potential claim, contact Kline & Specter’s experienced team of Philadelphia medical malpractice lawyers today by phone or through our contact form for a free, confidential case evaluation with no obligation.
Medical Malpractice Cases We’ve Won
Kline & Specter is consistently ranked among the best medical malpractice law firms in Philadelphia and across Pennsylvania by U.S. News Media Group’s Best Lawyers listing. The following are some examples of medical malpractice cases we have won.
Medical Malpractice Win: $100 Million
A Philadelphia Common Pleas jury awarded the largest-ever medical malpractice verdict in Pennsylvania. The verdict was granted for a baby who suffered severe brain damage and the amputation of an arm due to medical malpractice by a surgeon and other doctors and staff who were responsible for the infant’s care.
Medical Malpractice Win: $57 million
Our attorneys won this verdict in the Allegheny County case of a midwife whose actions caused infant oxygen deprivation, which resulted in cerebral palsy.
Medical Malpractice Win: $49 million
We secured this verdict in the case of a Philadelphia hospital error that left a young man severely brain-damaged.
Medical Malpractice Win: $42 million
This federal court verdict for an infant injured in a botched forceps delivery was believed to be the largest-ever for a medical malpractice case in Pennsylvania’s Middle District.
Medical Malpractice Win: $33.1 million
Kline & Specter won this verdict in the lawsuit involving a Lehigh County, Pa., woman whose missed breast cancer diagnosis resulted in her death.
Medical Malpractice FAQs
Is There a Statute of Limitations for Medical Malpractice Cases?
Generally, a suit must be brought within two years of the injury unless the claim involves a minor or unless the negligence was discovered later.
Can I Bring a Lawsuit Against More Than One Medical Practitioner for the Same Injury?
In many places, yes. Pennsylvania medical malpractice law, and the law in all other states, allows for more than one party to be held liable for an injury caused by medical negligence. This is also true in New Jersey and Delaware.
I Signed a Consent Form. Does That Waive My Right To Bring a Medical Malpractice Case?
No. Consent forms do not waive your right to pursue a medical malpractice claim for injuries you sustained because of a doctor’s negligence.
Is There a Cap on the Amount of Damages I Could Be Awarded?
In many cases, no. In Pennsylvania, New Jersey, and Delaware, there are no preset limits on the size of damages a jury may award in a medical malpractice lawsuit. The attorneys at Kline & Specter have obtained some of the largest medical malpractice verdicts and settlements in Pennsylvania history, including the largest-ever medical malpractice verdict ($100 million) and numerous other seven- and eight-figure verdicts and settlements.
Who Can File a Lawsuit on Behalf of a Deceased Loved One?
When medical negligence leads to a patient’s death, certain family members or legal representatives may file a wrongful death or survival action. Typically, this includes the deceased person’s spouse, children, or parents.
If no immediate family exists, an appointed executor or administrator of the estate can bring the claim on behalf of surviving beneficiaries. These lawsuits seek compensation for medical costs, funeral expenses, loss of companionship, and other damages caused by negligence.
Specific rules vary by state, including filing deadlines and who qualifies as a legal representative under that state’s wrongful death laws.
Can Hospitals or Medical Institutions Be Held Liable for the Actions of Their Staff?
Yes. Under the legal principle of “vicarious liability,” hospitals and healthcare facilities can be held responsible for the negligent actions of employees, such as doctors, nurses, or technicians.
If an error occurs while an employee is performing job-related duties, the institution may share or assume liability. Additionally, a hospital may face direct liability for issues like inadequate staffing, poor training, or unsafe policies.
Liability can be more complex when the negligent party is an independent contractor rather than a direct employee. Determining who is accountable often requires a detailed review of employment relationships and records.
Can a Patient Sue for Emotional Distress Caused by Medical Negligence?
Yes. A patient may pursue damages for emotional distress if a healthcare provider’s negligence caused significant psychological harm, even without severe physical injury in some states.
Emotional distress claims might involve anxiety, depression, trauma, or loss of trust in medical professionals following an incident. These cases typically require strong documentation, such as mental health evaluations or expert testimony, to link the emotional suffering to the negligent act.
Some jurisdictions may impose limits on recoverable damages or require physical injury to accompany emotional harm, so the specific rules depend on the laws of the state where the case is filed.
