Medical Malpractice Defense

Skilled litigators with a talent for negotiating favorable settlements
photo of physicians performing surgery

Medical Malpractice Defense Attorneys in Pennsylvania

A 2016 Physician Practice Benchmark study conducted by the American Medical Association noted that 34% of all physicians will be sued at some point during their careers. Medical negligence occurs when a medical professional fails to provide an acceptable standard of treatment.

Accusations of medical negligence can mar the reputations and livelihoods of physicians and other healthcare providers. At Gross McGinley, LLP our medical malpractice attorneys know that the majority of providers love what they do and are dedicated to providing the best possible care to their patients. Our team is proud of defending healthcare professionals in Pennsylvania – we work closely with clients and strategize effective legal solutions for medical negligence claims and other professional liability matters.

What to know about medical malpractice defense:

How is medical malpractice defined under the law?

Which types of medical malpractice cases do your litigation attorneys handle?

What can healthcare providers expect when working with your medical malpractice lawyers?

What are some possible defense strategies in medical malpractice cases?

Why choose Gross McGinley to represent my interests in a medical malpractice case?

What Is Medical Malpractice?


Medical negligence occurs when a medical professional fails to provide an acceptable standard of care. That negligence becomes medical malpractice when a patient suffers injury as a direct result of a mistake, lack of proper care, incorrect diagnosis, or other issues. To claim medical malpractice, four elements must be present, including:

  • That the medical provider owed the patient a duty of care
  • That they breached that duty of care
  • That the breach caused injury to the patient
  • That the patient suffered damages as a result of their injury or illness


Types of Medical Malpractice Cases We Handle

Medical malpractice litigation requires a breadth of specialized knowledge and experience. Understanding issues such as ethics, best practices, legal requirements, HIPAA, and standard of care are critical to building an effective medical malpractice defense. Our teams work collaboratively to provide exceptional legal representation in malpractice claims involving:

  • Delayed diagnosis
  • Failure to diagnose
  • Failure to treat
  • Medication error
  • Professional liability
  • Surgical negligence

Our medical malpractice team defends a wide range of healthcare providers and organizations across multiple sectors, including:

  • Physicians and PAs
  • Nurses and nurse practitioners
  • Hospitals and large health networks
  • Outpatient surgery centers
  • Pharmacists and pharmacies
  • Oral surgeons and dentists
  • Group homes
  • Home health agencies
  • Hospice providers
  • Group homes 
  • Radiology facilities
  • Diagnostic laboratories
  • Long-term care facilities


Our Medical Malpractice Attorneys Work Closely With Clients to Find Practical Solutions

According to data from the AMA’s 2016 Physician Practice Benchmark Survey, 34% of physicians have had a medical liability claim filed against them during their careers. Our attorneys believe in taking the offensive when it comes to medical malpractice cases. We understand that facing a lawsuit for medical negligence is stressful. Our litigation attorneys work closely with you and your team to help keep you out of the courtroom so you can focus on providing care to patients in need.

Our attorneys are seasoned litigators, but also know that litigation can often be costly and time-consuming. We’re well-versed in alternative dispute resolution methods such as mediation and arbitration, and we use all available resources to settle matters in the most efficient manner possible. However, if medical malpractice litigation has been initiated, we provide an aggressive defense at trial and in appeals if necessary. Our team has a long record of successfully winning cases in both state and federal litigation.


Common Medical Malpractice Defense Strategies

Rejection of Expert Testimony

One of the most important elements of a medical malpractice defense is expert testimony. Asserting that a plaintiff’s medical expert is not sufficiently qualified to give an opinion can be an effective defense strategy. A medical malpractice lawyer may also claim that the expert’s opinion cannot be considered reliable because it’s not based on accepted scientific standards. If a judge rules that an expert isn’t qualified or reliable and bars them from testifying, it can seriously derail the case of the plaintiff who is suing you.

Reduction or Elimination of Damages

Another potentially winning strategy in medical malpractice defense cases is to focus completely on whether the patient was injured and ignore the issue of whether a mistake was made. If the patient cannot demonstrate that they were significantly harmed, damages may not be awarded or may be minimal.

Absence of Causation

This argument is often employed in cases involving missed diagnosis of a terminal condition. If a physician failed to identify a condition but a patient would have died regardless and no treatment could have improved their condition or provided comfort, the causal link between a medical provider’s error and harm to the patient may be eliminated.


Why Choose Our Medical Malpractice Lawyers?

At Gross McGinley, LLP, our teams of attorneys, paralegals, and support staff are seasoned professionals who understand the ins and outs of malpractice litigation. Our firm offers a broad range of legal services in diverse healthcare matters and strives to stay on the cutting edge of healthcare law. Our teams’ willingness to share knowledge with each other enables us to work toward the best possible outcomes for our clients.

Our litigation attorneys work with risk management teams to investigate claims, map out defense strategies, and handle complex malpractice allegations that involve catastrophic injuries, reputational and financial exposure, and other issues. In addition, we offer risk avoidance counseling and medical staff training for record-keeping best practices to help avoid future litigation.

We assist healthcare providers with every aspect and stage of medical malpractice lawsuits. including pre-litigation claims, ADR, discovery, reviewing medical records, depositions, trials, and appellate advocacy. Our experience and dedication to forward-thinking collaboration have helped us build strong relationships with leading experts in Pennsylvania and throughout the country.


Contact Our Medical Malpractice Lawyers in Pennsylvania

Gross McGinley, LLP has provided professional, exceptional legal services built on a foundation of integrity, continuous improvement, and a client-first philosophy. To schedule a consultation with a Pennsylvania medical malpractice defense attorney, contact us online or call us at 610-820-5450


Medical Malpractice Defense Team

View Profile Gross McGinley Law Firm Paralegal Jessica Amil

Jessica Amill

View Profile Gross McGinley Allentown Law Firm Attorney Michael J. Blum

Michael J. Blum

Senior Counsel
View Profile Gross McGinley Allentown Law Firm Sara Hart Charette

Sarah Hart Charette

View Profile Gross McGinley Allentown Law Firm Attorney Adrien Cousens

Adrian K. Cousens

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Julianne Danchak

View Profile Gross McGinley Paralegal Cynthia Dieter-Kocher

Cynthia Dieter-Kocher

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Zachary R. Fowler

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Melissa Giammarino

View Profile Gross McGinley Law Firm Paralegal Sherri Gangwere

Sherri Gangewere

View Profile Gross McGinley Law Firm Paralegal Allison Green

Allison Green

Senior Medical Malpractice Paralegal
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Heather Hacker

Billing Specialist
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Katelyn Hallowell

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Jessica L. Harlow

Senior Counsel
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Veronica R. Hogan

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Jessica S. Kaczinski

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Tyler R. Price

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Eric Teodoro

View Profile Practice Chair Gross McGinley Allentown Law Firm Attorney Howard S. Stevens

Howard S. Stevens


Frequently Asked Questions

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