Steps to Take if You Suspect Medical Malpractice in Pennsylvania
Realizing that a trusted doctor or hospital may have caused harm is one of the hardest experiences a patient or family can face. You go in expecting answers, treatment, and relief. Instead, you leave with more questions, lingering health issues, or even worsening symptoms. The emotional toll is heavy. People describe feeling betrayed, confused, and unsure of where to turn next.
At Selingo Guagliardo, we have seen these numbers play out in real cases across Pennsylvania, where families come to us after unexpected injuries or losses. In 2024, there were 456 medical malpractice payouts in Pennsylvania, according to data compiled by the North American Community Hub Statistics (NCHStats). Our attorneys track these numbers closely because they reflect the same trends we see in Pennsylvania courtrooms and negotiations with insurers. Each number on that report represents a story like yours, where a patient trusted the system and suffered as a result. Knowing you are not alone can help, but statistics only go so far when you are the one dealing with the consequences.
In these moments, it is natural to want clarity and direction. The actions you take in the first days and weeks can shape both your recovery and your ability to pursue justice. Protecting your health should always come first, followed closely by steps that preserve important evidence.
The first step is making sure you are safe and cared for medically, which often means getting a second opinion from an independent provider.
Recognize the Signs of Medical Malpractice
Not every poor medical outcome is medical malpractice. Some treatments carry unavoidable risks, and even when doctors act carefully, results may not turn out as hoped. Malpractice occurs when a provider fails to meet the accepted standard of care, and that failure causes harm. Understanding the difference is critical for patients in Pennsylvania who suspect negligence.
Several red flags can suggest malpractice rather than a bad result. A delayed or missed diagnosis is one of the most common. In our legal work, reviewing diagnostic errors often requires careful analysis of charts and test results to determine exactly where the provider failed to meet the standard of care. If your provider ignored symptoms, failed to order obvious tests, or dismissed your concerns, and another doctor later identified the problem, this may signal negligence. Our attorneys have represented clients facing these exact situations, from patients harmed by delayed diagnoses to families who discovered surgical mistakes only months later.
Unexpected complications can also raise concern. Every procedure has risks, but if those risks become reality because staff skipped safety checks or failed to monitor you properly, malpractice may be the cause. Lack of informed consent is another red flag. Under Pennsylvania law, patients have the right to be told about potential risks, benefits, and alternatives before treatment. If you were not fully informed, or if the information given was misleading, your rights as a patient may have been violated.
Recognizing these signs early helps you take the next step with confidence. When something feels wrong, trust your instincts and begin looking more closely at your care. If you are unsure whether what you experienced qualifies as malpractice, Selingo Guagliardo offers free consultations to review your situation and provide clear guidance.
Prioritize Your Health and Seek a Second Opinion
Your health must come first. If you believe malpractice has occurred, do not wait to get further medical attention. A delay can worsen your condition and also make it harder to document what went wrong. Seeking prompt care from a different provider gives you a chance to stabilize your health and create an independent record of your treatment.
Patients in Pennsylvania have the legal right to choose their own doctors. If you no longer feel comfortable with your current provider, you can request a transfer of care. Ask for copies of your medical records and have them forwarded to the new physician. Hospitals and clinics must honor these requests under both federal HIPAA rules and Pennsylvania patient rights laws. You do not have to explain why you are switching providers.
When patients reach out to our firm after suspecting medical malpractice, one of the first steps we recommend is seeking a second opinion. It provides more than peace of mind. It allows another medical professional to review your diagnosis and treatment plan without bias. In some cases, the new doctor may confirm that your care was appropriate. In others, they may discover mistakes that need immediate correction. Either outcome is valuable. An independent review not only helps protect your health but can also serve as crucial evidence if a malpractice claim is later pursued.
By taking this step quickly, you safeguard both your recovery and your ability to hold negligent providers accountable. Many of our clients first came to us right after seeking a second opinion, and our free consultations helped them understand both the medical and legal issues at play.
Collect and Secure Your Medical Records
Medical records are often the strongest evidence in a malpractice case. Our legal team regularly reviews medical charts, surgical reports, and pharmacy records to uncover mistakes that patients would never notice on their own. to uncover mistakes that patients would never notice on their own. They show what care was provided, when it happened, and who was involved. In Pennsylvania, as in the rest of the country, patients have clear rights to these documents. In our practice, we’ve helped clients obtain records even when hospitals resisted or delayed. Taking action quickly often makes the difference in preserving crucial evidence.
Your Right to Records Under HIPAA
Under the Health Insurance Portability and Accountability Act (HIPAA), every patient has the right to obtain their medical records. Providers must respond to requests within 30 days. You do not need to give a reason for asking, and you do not need your provider’s approval. In Pennsylvania, this right applies whether you are still under a provider’s care or have already transferred to another doctor.
Hospitals and clinics often process requests through medical records departments or secure patient portals. You may ask for copies in paper form, electronically, or both. Providers may charge a modest fee for duplication, but they cannot refuse access because of unpaid medical bills. If a provider fails to comply within the 30-day window, you can file a complaint with the U.S. Department of Health and Human Services. This federal protection ensures that patients can access the information needed to make informed decisions and pursue legal claims when appropriate.
Key Records to Request
When submitting a request, be as thorough as possible. Ask for your complete medical chart, doctors’ progress notes, and test results. Imaging reports, such as X-rays, CT scans, and MRIs, are often critical in showing diagnostic errors. Request prescriptions and pharmacy records to track what medications were ordered and dispensed. Hospital discharge summaries, surgical reports, and nursing notes may highlight gaps in care or changes in your condition. Billing records can also be important, since they create a paper trail of what procedures were performed and when.
If your concern involves a loved one who passed away, obtain the death certificate and any available autopsy report. These documents can provide vital information about the cause of death and whether it was consistent with the treatment received. Together, these records form the foundation for expert review and legal evaluation.
Why Acting Quickly Matters
Time is critical when it comes to records. Although it is illegal for providers to alter or destroy them, delays create risks. Facilities sometimes merge, staff change, and files can become harder to locate. Acting promptly ensures your attorney and medical experts can review the materials while events are still fresh. Quick action also strengthens your case by showing diligence in protecting evidence. For decades, our attorneys have handled malpractice cases in Pennsylvania courts, and timely access to medical records has been one of the most important factors in achieving justice.
Keep Detailed Notes and Personal Documentation
We regularly encourage clients to keep journals and photos, and time after time, these details have proven vital in building stronger Pennsylvania cases. Attorneys and courts often find this type of evidence compelling because it provides a personal view of the harm. We have presented journals and photos in Pennsylvania malpractice trials, and judges have often cited them as powerful evidence of day-to-day suffering.
Start by keeping a journal. Record symptoms each day, including pain levels, changes in mobility, or side effects from treatment. Write down conversations with providers, including what they said and how you felt after each appointment. These notes capture details that medical charts often leave out and help establish a timeline of events.
Save every receipt connected to your care. This includes medications, travel expenses to appointments, and medical equipment. Hold onto employment records that show missed work or reduced income. These documents help demonstrate the financial impact of malpractice, which is a critical part of any legal claim.
Photographs are another valuable form of evidence. If you have visible injuries, surgical scars, or need assistive devices, take clear photos over time. These images provide a visual record of your condition and recovery that written descriptions cannot match.
Together, your journal, receipts, and photos create a detailed account of the harm you experienced. In our cases, these records have often made the difference, giving judges and juries a clearer picture of what daily life was like for our clients after malpractice.
Avoid Costly Mistakes After Suspecting Malpractice
When patients realize something went wrong, emotions can take over. Anger, confusion, or fear often lead people to act quickly without considering the consequences. Certain missteps can make it harder to prove malpractice or weaken your legal position. Avoiding these common mistakes will protect both your health and your rights.
Don’t Confront the Provider Directly
It may feel natural to demand answers from the doctor or hospital involved. Our attorneys have seen defense teams use even casual patient comments to challenge claims. Having us handle communication protects clients from those tactics. Anything you say could later be used against you. In Pennsylvania, confronting the provider may also create questions about when you “discovered” the malpractice, which could affect the statute of limitations. Instead of taking this step alone, let an attorney handle communications. This keeps your rights protected and avoids giving the defense an advantage.
Don’t Sign Settlement Offers Without Counsel
Hospitals and insurers sometimes approach patients with early settlement offers. These may seem like quick solutions, but the agreements usually require you to give up the right to sue later. The amounts offered rarely cover the true costs of malpractice, including future treatment and long-term needs. Once you sign, your options are gone. A Pennsylvania malpractice lawyer can review any offer, explain its impact, and negotiate for fair compensation. Having counsel ensures you do not accept less than what your case is worth.
Be Cautious With Social Media and Public Discussions
Sharing your experience online or with acquaintances might feel like a way to vent or seek support. Defense attorneys, however, often monitor social media. Our firm has seen insurers in Pennsylvania use social media posts to argue against injury claims, even when the posts were taken out of context.. Even innocent posts or photos can be twisted to downplay your injuries. A simple family picture could be used to argue you are not as limited as you claim. The safest approach is to stay silent online about your health, your treatment, and any possible claim until your case is resolved. Keeping discussions private between you, close family, and your attorney helps preserve the strength of your case. Most of our Pennsylvania malpractice clients worry about cost, but our firm handles cases on a contingency basis. There are no upfront fees, and we only get paid if you do. There are no upfront fees, and we only get paid if you do.
Report the Incident to Pennsylvania Authorities (Optional)
In addition to seeking medical care and legal guidance, some patients choose to file a complaint with the Pennsylvania State Board of Medicine. This step is not required, but it can be a way to ensure the provider’s actions are reviewed by regulators.
Filing a complaint is straightforward. You can submit it online through the Pennsylvania Department of State’s website or send it by mail. The complaint should include the provider’s name, the facility where treatment occurred, and a description of what happened. Supporting documents, such as records or test results, may also be included. Once received, the Board investigates whether the provider violated professional or ethical standards. We explain to clients that while this process may discipline a doctor, it does not secure compensation. That requires a malpractice claim filed in Pennsylvania courts, where we advocate directly on behalf of patients.
It is important to understand what this process can and cannot do. The Board has authority to impose discipline, such as suspending or revoking a license, issuing fines, or mandating corrective training. What the Board cannot do is award compensation to you. When clients ask us whether to file a Board complaint, we explain it can help with accountability, but it should never replace pursuing a claim for compensation.
For some patients, filing a complaint offers peace of mind by helping protect others from similar harm. For others, prioritizing medical recovery and legal options may be the most important. The decision is personal, and consulting with an attorney can help you determine whether this step makes sense in your situation. Our attorneys guide clients through both complaint processes and malpractice claims so they can focus on healing while we focus on accountability.
Speak With an Experienced Pennsylvania Medical Malpractice Attorney
Medical malpractice cases are among the most complex types of personal injury claims. The rules in Pennsylvania are strict, and the evidence needed is highly technical. Having an experienced attorney by your side ensures that your case is handled correctly from the beginning.
How an Attorney Can Help
An attorney’s first job is to evaluate whether malpractice likely occurred. At Selingo Guagliardo, we’ve built systems to review thousands of pages of records, consult with trusted medical experts, and prepare detailed case evaluations for Pennsylvania clients. They will review your medical records, speak with you about your experience, and often consult medical experts early in the process. Our attorneys regularly work with medical experts who can identify where providers fell short and explain those failures in court.”. They also handle the investigation, which can include obtaining witness statements, securing expert testimony, and filing motions to preserve evidence. In Pennsylvania, malpractice claims almost always depend on expert medical opinions. A skilled attorney maintains relationships with physicians who can explain how your care fell short and how it caused your injuries. Without this level of analysis, many valid cases would fail to move forward.
Pennsylvania’s Certificate of Merit Requirement
Pennsylvania law requires every malpractice lawsuit to include a certificate of merit. This is a written statement from a qualified medical expert confirming that there is a reasonable basis to believe malpractice occurred. The certificate must be filed within 60 days of the complaint. If it is not filed on time, the case can be dismissed regardless of its merits. This rule makes early involvement of an attorney critical, since most patients cannot secure such certificates without legal help.
Contingency Fees and Access to Justice
One of the most common concerns is cost. In Pennsylvania, most malpractice attorneys work on a contingency fee basis. This means you do not pay upfront fees. Instead, the attorney is compensated only if the case is successful, either through settlement or verdict. This arrangement allows patients from all financial backgrounds to pursue claims without worrying about hourly rates or retainer bills.Contingency fees also align the attorney’s interest with yours, as both parties benefit from achieving the best possible result. At Selingo Guagliardo, we offer free consultations so patients can understand their rights and options before making any decisions.
Act Quickly Within Pennsylvania’s Statute of Limitations
Timing is one of the most important factors in a malpractice case. In Pennsylvania, most claims must be filed within two years of the date the malpractice occurred. If you miss this deadline, the court will likely dismiss your case, no matter how strong the evidence is.
There are two important exceptions. The first is the discovery rule. If you could not have reasonably known that malpractice occurred until later, the two-year clock may start from the date you discovered the injury. For example, if a surgical sponge was left inside a patient but only found during imaging months later, the statute could run from the discovery date.
Pennsylvania also has a statute of repose, which sets an absolute limit of seven years from the date of the malpractice, even if you did not discover the harm until later. The only major exception is for foreign objects left in the body, where discovery can still extend the time limit.
These deadlines make early action critical. Because Selingo Guagliardo attorneys work with strict filing timelines every day, we know how to preserve claims quickly and avoid procedural pitfalls that could cost clients their case. Gathering records, consulting experts, and filing certificates of merit all take time. In our experience, the sooner clients contact us, the more time we have to collect records, consult experts, and meet Pennsylvania’s strict filing deadlines.. If you suspect malpractice, contacting a Pennsylvania lawyer quickly is the safest way to protect your right to pursue compensation.
Moving Forward After Suspected Malpractice
Facing the possibility of medical malpractice is overwhelming. You may still be focused on healing while also wondering how to hold a provider accountable. Taking the right steps early can protect your health and strengthen your case. From recognizing warning signs, to collecting records, to speaking with a knowledgeable attorney, each action helps put you back in control.
Pennsylvania patients and families deal with malpractice more often than most realize. The legal system is built to give you a voice, but it requires careful preparation and timely action. You do not have to handle this process on your own. Experienced legal support can guide you through medical reviews, court requirements, and negotiations with insurers.
At Selingo Guagliardo, our attorneys have guided Pennsylvania families through malpractice cases for decades. We have helped clients move from the confusion of an unexpected medical outcome to clear legal strategies, from gathering records to presenting evidence in court. That firsthand experience allows us to explain the process honestly, anticipate challenges, and fight for the results our clients deserve. If you believe you or a loved one has been harmed, contact us today for a free consultation.
Frequently Asked Questions (FAQs) About Medical Malpractice
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Not every poor result is malpractice. Malpractice occurs when a provider fails to meet the accepted standard of care, and that failure causes harm. A bad outcome can happen even when doctors do everything correctly, but malpractice involves negligence.
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Under Pennsylvania law (42 Pa. Cons. Stat. § 5524), most malpractice claims must be filed within two years of the incident. The discovery rule can extend this if you could not reasonably know about the malpractice right away. Pennsylvania also has a statute of repose under the MCARE Act, which sets a seven-year limit in most cases.
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Yes. Under federal HIPAA law and Pennsylvania regulations, you have the right to access your records within 30 days of requesting them. Hospitals and doctors cannot deny access because of unpaid bills, and records can be provided electronically or on paper.
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Most Pennsylvania malpractice attorneys, including Selingo Guagliardo, work on a contingency fee basis. This means there are no upfront fees. The attorney is only paid if your case is successful through settlement or verdict.
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Your health comes first. Get medical attention and consider a second opinion from another provider. Then, collect your records, document what happened, and speak with an experienced Pennsylvania malpractice lawyer. A free consultation can help you understand whether you have a case.