Experienced Medical Malpractice Attorney

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John Lavelle is a highly experienced lawyer who has handled medical malpractice cases and appeals both in Pennsylvania and New York.

 Medical malpractice claims in both New York and Pennsylvania are grounded in tort law, requiring plaintiffs to prove that a healthcare provider owed a professional duty, breached the accepted standard of care, and that this breach caused an injury that resulted in damages. In New York, malpractice is governed by CPLR § 214‑a, which sets a 2½‑year statute of limitations with limited discovery and continuous treatment exceptions. Pennsylvania generally employs a two‑year statute of limitations under 42 Pa. Cons. Stat. § 5524 starting when the injury is discovered or reasonably should have been discovered. Both states require expert medical testimony to establish standard of care and breach. 

 In New York, the basic malpractice clock runs from the date of the negligent act or last date of continuous treatment for the same condition, with a limited “discovery rule” for foreign objects left inside the body and other narrow exceptions. The so‑called continuous treatment doctrine can extend filing deadlines when the same physician continues care for the same condition, but courts have held that general unrelated follow‑up visits don’t always qualify.  In Pennsylvania, the discovery rule tolls the statute until the injury and its causal link to treatment are known or should have been known; the state’s previous seven‑year statute of repose was struck down as unconstitutional, leaving discovery timing as the key deadline determinant. 

 Types of medical malpractice claims:

• New York & Pennsylvania: These claims arise when a doctor fails to correctly identify a patient’s condition or delays diagnosis, leading to worsened outcomes.
  
• Example: A physician misses signs of cancer, delaying treatment until the disease advances.
   
• Often requires proving that a competent doctor would have diagnosed the condition sooner and that the delay caused harm.
   

• Claims arise from mistakes during surgery, such as operating on the wrong body part, leaving instruments inside the patient, or performing the incorrect procedure.
   
• Courts in both states hold hospitals and surgeons strictly liable when deviation from standard surgical practices occurs.
   
• Example: In New York, leaving a surgical sponge inside a patient can support a claim under the res ipsa loquitur doctrine, meaning the negligence is obvious from the outcome.
   

• Includes prescribing the wrong drug, incorrect dosage, or failing to monitor for adverse interactions.
   
• In Pennsylvania, medication errors that result in patient injury can form the basis of a malpractice claim if it breaches the accepted standard of care.

• Example: Administering a drug a patient is allergic to or failing to adjust doses for kidney failure.
   

• Both states allow claims when negligent care during pregnancy or delivery harms the mother or baby.
   
• Common injuries include cerebral palsy, Erb’s palsy, or maternal complications.
   
• New York and Pennsylvania courts often require expert testimony to show causation between obstetric care and the injury.
   
• Statutes of limitations can be extended in some cases for minors (for example, discovery rules for children’s injuries).

• Claims arise when a healthcare provider fails to properly monitor or treat a diagnosed condition, leading to harm.
   
• Example: Missing follow-up appointments for post-surgery complications or failing to monitor chronic conditions like diabetes.
   
• In both states, plaintiffs must show that appropriate monitoring would have prevented harm.
   

• Anesthesiologists can be liable for mistakes during induction, maintenance, or recovery from anesthesia.
   
• Examples: Overdose, failure to monitor vital signs, or improper airway management.
   
• Pennsylvania courts treat these as high-risk claims due to the technical expertise required and the severe potential outcomes.
  
   

• Both states recognize claims when patients are not properly informed about risks before procedures.
   
• Example: A patient undergoes surgery without being warned about significant potential complications.
   
• New York often classifies this as a derivative of medical malpractice, while Pennsylvania treats it under standard negligence principles.

John Lavelle is dedicated to providing victims of medical malpractice with personalized and effective legal representation.