Need Legal Help? Call 215.925.4451

How to Prove Hospital & Emergency Room Medical Malpractice in Pennsylvania

Phil Blackman-Pennsylvania New Jersey Personal Injury LawyerPublished on behalf of Philip Blackman, an experienced personal injury lawyer who has devoted his entire career to helping individuals and families who have been injured due to medical malpractice, car accidents, fall accidents and more. FREE Consultations: 215.925.4451

Determining whether a Pennsylvania hospital or emergency room was negligent requires significant analysis of often voluminous medical records and knowledge of the complexities of the medicine involved in the treatment. Therefore it is crucial to have a potential case reviewed by a lawyer who has significant experience in negligence cases against Pennsylvania hospitals.

Hospital malpractice cases often involve multiple departments, such as:

  • emergency,
  • radiology,
  • oncology,
  • anesthesiology,
  • orthopedics,
  • rehabilitation,
  • pharmacy, and
  • maternity.

The list goes on and on. What this means in a given case of hospital negligence is that whether the hospital was in fact negligent requires analysis of the given department/doctor that made the alleged error. The hospital itself may also be sued.

What a Patient Must Prove to Succeed in a Pennsylvania Hospital & ER Negligence Action

Under the laws of Pennsylvania, a patient who brings a medical negligence action against a hospital and its staff must prove the following:

1. the doctor/hospital committed a negligent act,
2. the act breached the standard of care as it applies to that specialty, and
3. the act caused damage significant enough to warrant bringing a lawsuit.

Pennsylvania Hospital & ER Negligence – Use of Experts

In Pennsylvania medical malpractice actions, defendant doctors and hospitals defend themselves vigorously on each of these elements. In addition, the law requires that a patient who brings a medical malpractice action have an expert opinion that the defendant hospital/doctor committed negligence. So, in order to prevail, a patient who has suffered as a result of malpractice will need to seek advice from a knowledgeable, experienced hospital medical negligence lawyer – one who knows the right experts to use.

In medical malpractice cases in Pennsylvania, medical experts will determine whether the defendant was negligent and if so, whether the negligent act breached the standard of care applicable to the specialty. For example, in the case of malpractice of an emergency room doctor, a medical expert in the field of emergency room medicine would be the only one to be able to determine the appropriate standard of care with which to measure the negligence of the original ER doctor. In the case of a radiologist who fails to diagnose, only another radiologist would be able determine the standard of care.

Related Legal Articles:

Click here to read about Schwartz & Blackman’s Philadelphia, Pennsylvania and New Jersey hospital medical malpractice case results.

If you’d like a NO-COST review by our Pennsylvania hospital emergency room lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.

The lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

Published: July 2, 2012

Medical malpractice Law Library

Pharmacy Errors in a Pennsylvania Hospital Medical Malpractice Case

Pharmacy errors are often deadly, and most victims of pharmacy error or their families will never discover the error. This is due in large part to the fact that underlying diseases and illnesses are often believed to be the cause of symptoms or death. The reality is...

Pennsylvania & New Jersey Hospital Emergency Room Malpractice – Pharmacy Errors

Under Pennsylvania and New Jersey law, hospitals can be held liable for their own actions and failures to act in a case of medical negligence. Even where a pharmacist commits the actual negligence which results in the injury, the hospital may bear liability....

Corporate Negligence Claims in a Pennsylvania Hospital Malpractice Lawsuit

In Pennsylvania medical malpractice cases, hospitals can be sued alongside the doctors and other employees who commit negligence. The basis of hospital liability in a case of medical malpractice in Pennsylvania lies in the type of negligence claim which can be made...

8 Tips for Better Treatment in a Hospital Emergency Room or Clinic

Over the past several years, emergency room waiting times have gotten longer for multiple reasons such as increased costs of health care,  hospital closures, etc. Historically, people with low income and minorities have poorer outcomes and longer wait times during...

Proving Emergency Room Mistake & Medical Malpractice in Pennsylvania

Emergency room mistakes are common, especially considering that there are approximately 120 million visits to the emergency room per year. Emergency room personnel and doctors must make quick decisions, usually based on incomplete data in a high demand and oftentimes,...



    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.


    Pennsylvania Office
    The Pavilion
    261 Old York Rd., Suite 504
    Jenkintown, PA 19046
    Tel: (215) 925-4451
    Fax: (215) 574-1200

    New Jersey Office
    1415 Route 70 East
    Cherry Hill, NJ 08034
    Tel: (856) 427-0614
    Fax: (856) 424-3690