Reading Medical Malpractice Attorneys
Contact Frischman & Rizza Today
We represent patients in Reading who were harmed by a provider they trusted. A missed cancer diagnosis at a Berks County clinic, a surgical error at a local hospital, a medication mistake that should have been caught: these are the cases our Reading medical malpractice attorneys handle. Most care in this region is competent. When it is not, and a preventable error injures you or someone in your family, you need someone who can prove it. Call (412) 247-7300 for a free case review. You will speak with a partner, not an intake screener, and there is no fee unless we recover for you.
Injured by a medical error in Reading, PA? Get a free, no-obligation case evaluation.
Call (412) 247-7300When a Hospital Error Becomes a Legal Claim
A bad result is not malpractice, and every hospital insurer will remind you of that. Pennsylvania law treats an outcome as negligence only when a provider breaches the accepted standard of care and that breach causes real harm. In the cases we take, the fight is rarely about whether a mistake happened. It is about causation: whether the error, rather than the underlying illness, produced the injury. We build every Pennsylvania medical malpractice case around that question, using the medical records and independent expert review the law demands.
Field Notes: The defense's first move is almost always to blame the patient's own disease rather than the provider. We counter it by locking down the treatment timeline early, before records get "clarified" and memories soften.
The Four Elements We Have to Prove
Every Pennsylvania medical malpractice claim rests on four elements. We do not file a case until an expert confirms each one:
| Element | What we prove |
|---|---|
| Duty of care | A provider-patient relationship existed, creating a duty to meet the professional standard of care. |
| Breach | The provider deviated from what a reasonably competent professional with similar training would have done. |
| Causation | The breach directly caused the injury, not a pre-existing or unrelated condition. |
| Damages | The injury produced measurable economic and non-economic losses. |
How the MCARE Act Shapes Your Claim
Pennsylvania medical malpractice is governed by the Medical Care Availability and Reduction of Error Act, the MCARE Act. Two of its requirements decide many cases before a jury hears a word. First, under Rule 1042.3 we must file a certificate of merit within 60 days of the complaint, a signed statement from a licensed professional that the care fell outside acceptable standards. Miss that deadline and the case can be dismissed on procedure alone. Second, the MCARE Act limits who may testify: in most cases the expert must be board-certified in the same or a related specialty as the defendant. We vet experts before we file, not after.
Where Your Case Can Be Filed
A 2023 rule change restored broader venue in Pennsylvania medical malpractice actions. A claim can now be filed in any county where the defendant regularly conducts business, not only where the treatment happened. For Reading patients that can create a choice of venue, which affects the jury pool and the speed of the docket. We weigh that decision case by case rather than defaulting to Berks County.
Malpractice Cases We Handle for Berks County Patients
Medicine fails in patterns. The claims we see most often from Reading-area patients include:
- Diagnostic errors: a missed or delayed diagnosis of cancer, stroke, heart attack, or an infection such as sepsis, where a delay of days changes the prognosis.
- Surgical mistakes: wrong-site procedures, retained instruments, and infections traced to sterilization failures.
- Birth injuries: harm to a mother or child from oxygen deprivation, mismanaged labor, or a delayed cesarean.
- Medication errors: the wrong drug, the wrong dose, or an interaction a provider should have flagged.
- Anesthesia errors: improper dosing or a lapse in monitoring during a procedure.
- Emergency room negligence: misread charts, ignored symptoms, or a premature discharge.
The Evidence That Decides These Cases
Malpractice claims are won on documentation, not argument. Before we file, we assemble:
- Your complete medical record, including imaging, lab results, and nursing notes
- A written expert opinion identifying where the standard of care was breached
- A causation analysis linking that breach to your specific injury
- A damages workup covering medical costs, lost earning capacity, and non-economic harm
The common failure point we see is families trying to gather records themselves. An attorney can compel production faster and knows which records, such as internal incident reports, hospitals tend to leave out. Use this quick guide to decide your next step:
| If | Then |
|---|---|
| You suspect a misdiagnosis or surgical error | Request your complete records now and call before the two-year deadline runs. |
| A hospital or insurer has already contacted you | Do not give a recorded statement until you have spoken with a lawyer. |
| A loved one died after treatment | A separate wrongful-death claim may apply, with its own deadline. |
| You are worried about cost | Our fee is contingent, so a strong claim does not depend on your budget. |
How Much Compensation You Can Recover
Pennsylvania does not cap compensatory damages in most medical malpractice cases. Recovery divides into economic damages (medical bills, future care, lost wages, and diminished earning capacity) and non-economic damages (pain and suffering, disfigurement, and loss of consortium). Punitive damages are available only for reckless conduct and are limited by statute. Because value depends on the severity and permanence of the injury, we do not quote averages; we build the number from your records and life-care needs.
What It Costs to Hire Us: Nothing Up Front
We handle these cases on a contingency-fee basis. No retainer, no hourly bills. Our fee is an agreed percentage of what we recover, and we advance the case costs, including expert fees, which in malpractice litigation routinely reach tens of thousands of dollars. If we recover nothing, you owe no attorney's fee.
Pennsylvania's Filing Deadline: Two Years, With Exceptions
Under 42 Pa.C.S. Section 5524, you generally have two years from the date of injury to file. Pennsylvania's discovery rule can delay that clock until you knew, or reasonably should have known, that negligence caused the harm. Claims involving children run on different timelines.
Deadline: Miss the two-year window and the court can bar your claim permanently, whatever the facts. This is general information, not legal advice about your case.
About Reading and Berks County
Reading, the Berks County seat along the Schuylkill River, anchors a healthcare market that serves hundreds of thousands of residents. Major providers include Reading Hospital, part of Tower Health, in West Reading, and Penn State Health St. Joseph Medical Center. We investigate potential negligence at any of these facilities and travel to meet clients wherever is convenient.
The Bottom Line: If a Reading provider's departure from the standard of care injured you, Pennsylvania gives you two years to act, nothing is required up front, and your case will rise or fall on the medical records and expert review. Get them in front of a lawyer early.
Talk to a Reading Medical Malpractice Attorney
A serious medical injury reaches into your health, your finances, and your family. We will review what happened at no cost, tell you honestly whether you have a claim, and take on the insurers if you do. Call (412) 247-7300 or contact us online to schedule your free consultation.
Frequently Asked Questions
How do I know if I have a medical malpractice claim in Reading?
If a provider's care fell below the accepted standard and that failure caused your injury, you may have a claim. The only reliable way to know is a records review by an attorney and a qualified medical expert, which we provide at no cost.
What does it cost to hire a Reading medical malpractice attorney?
Nothing up front. We work on a contingency-fee basis and advance case costs, so you pay attorney's fees only if we recover compensation for you.
How long do I have to file a claim in Pennsylvania?
Generally two years from the date of injury under 42 Pa.C.S. Section 5524, though the discovery rule and claims involving minors can change that timeline. Acting early protects your rights and the evidence.
What is a certificate of merit?
Under Pennsylvania Rule 1042.3, most malpractice cases require a signed statement from a licensed professional, filed within 60 days of the complaint, attesting that the care likely fell below the accepted standard.
Which Reading-area hospitals do you handle cases against?
We can investigate potential negligence at any Berks County facility, including Reading Hospital (Tower Health) and Penn State Health St. Joseph Medical Center.
Do I have to travel to Pittsburgh to work with you?
No. We represent clients across Pennsylvania and will meet you in or near Reading, at your home, or by video.
About the Author
Craig Frischman is a founding partner at Frischman & Rizza, P.C., where he represents patients and families in medical malpractice and catastrophic injury cases across Pennsylvania.