Pittsburgh Medical Malpractice Lawyer

When a doctor, surgeon, hospital, or other healthcare provider fails to meet the accepted standard of care and a patient is seriously harmed, the consequences can last a lifetime. John A. Caputo & Associates, P.C. has represented victims of medical negligence throughout Pittsburgh and Pennsylvania for nearly four decades, securing hundreds of significant verdicts and settlements for injured patients and their families.

These are cases that most generalist law firms are not comfortable pursuing. Medical malpractice demands attorneys who understand medicine as well as they understand the law—people who can read a stack of medical records, identify where the care went wrong, and build a case strong enough to hold a hospital or physician accountable. That’s what John A. Caputo and Elizabeth L. Jenkins do. With many years of combined trial experience between them, they’re two of the most experienced medical malpractice attorneys in Western Pennsylvania.

What Constitutes Medical Malpractice in Pennsylvania?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure directly causes harm to a patient. Pennsylvania law requires proof that a duty of care existed, the provider breached that duty, the breach caused the injury, and the patient suffered actual damages as a result.

The standard of care is the benchmark that matters most. It refers to the level of treatment a reasonably competent provider with similar training and credentials would have delivered under the same circumstances. Proving a deviation from that standard requires expert medical testimony and a thorough command of the clinical facts—which is why these cases are beyond the reach of attorneys who don’t handle them regularly.

If you’re uncertain whether negligence played a role in your situation, these are signs worth taking seriously:

• A second physician gave you a different diagnosis than the first
• Your condition worsened despite receiving treatment
• A clear error occurred during surgery
• You were never informed about the risks of a procedure before it was performed
• Your doctor failed to order basic diagnostic tests or refer you to another physician
• You were left unmonitored when your condition was deteriorating
• You developed an infection that wasn’t diagnosed or treated promptly
• Your follow-up care after a procedure was inadequate or nonexistent

Medical providers and hospitals rarely admit to mistakes. They have risk management teams and defense attorneys whose entire job is to protect against liability. If something feels wrong, don’t wait for someone to volunteer an explanation. Call us first.

What Types of Medical Malpractice Cases Does Our Firm Handle?

Our Pittsburgh medical malpractice attorneys handle the full range of serious negligence claims, including birth injuries, surgical errors, misdiagnosis, emergency room failures, anesthesia errors, and hospital-acquired infections. We focus on cases involving severe, permanent harm—the kind that changes a person’s life and requires a legal team prepared to fight all the way to a jury verdict.

The medical malpractice cases we handle in Pittsburgh and throughout Pennsylvania include:

• Birth injuries: The central question in every birth injury case is whether the harm could and should have been prevented. Cerebral palsy, Erb’s palsy, hypoxic ischemic encephalopathy, and brachial plexus injuries often trace back to failures by obstetricians, nurses, pediatricians, or neonatologists during labor and delivery
• Surgical errors: Wrong-site surgery, objects left behind in the patient, unnecessary procedures, and anesthesia errors administered incorrectly before, during, or after surgery
• Misdiagnosis and delayed diagnosis: Failure to identify cancer, heart disease, stroke, or serious infections in time to prevent permanent harm or death
• Emergency room errors: Life-threatening conditions dismissed or missed entirely in Pittsburgh-area emergency departments, including at UPMC Presbyterian, Allegheny General, and other regional hospitals
• Brain injuries from delayed treatment: When medical staff fail to investigate symptoms that signal a threat to the brain, even a brief delay can cause irreversible, catastrophic damage
• Stroke mismanagement: Many strokes are preventable when warning signs are identified and acted upon promptly. When physicians ignore those signals, the consequences are often devastating
• Misread diagnostic specimens: A misread Pap smear or pathology specimen can lead to a missed cancer diagnosis with life-altering consequences
• Hospital-acquired infections: Hospital staff are responsible for detecting and treating infections promptly. Delays and failures can turn a manageable condition into sepsis and death
• Medication errors: Wrong drugs, dangerous dosages, and failure to account for known allergies or drug interactions—any of which can cause catastrophic harm

We are selective about the cases we take. When we accept a medical malpractice case, we commit fully—bringing in the best medical experts, investing the resources required, and litigating as long as necessary to get the right result.

What Compensation Can You Recover in a Pennsylvania Medical Malpractice Case?

Pennsylvania does not cap compensatory damages in medical malpractice cases, meaning victims can recover full economic and non-economic losses. Economic damages cover medical expenses, lost income, and future care costs. Non-economic damages cover pain, suffering, and loss of life’s pleasures.

One of Pennsylvania’s most significant protections for injured patients is the absence of a cap on compensatory damages. Unlike states that limit what a jury can award, Pennsylvania allows full recovery—meaning the verdict can reflect the true scope of what a patient has lost.

Economic Damages

• Past and future medical expenses—hospitalizations, surgeries, rehabilitation, medications, and long-term care
• Lost wages and diminished earning capacity if the injury affects your ability to work
• Costs of home modifications, adaptive equipment, and in-home care services
• Transportation to ongoing medical appointments and out-of-pocket expenses related to the injury

Non-Economic Damages

• Physical pain and suffering—both past and future
• Emotional distress and psychological harm
• Loss of life’s pleasures—inability to participate in activities you enjoyed before the injury
• Loss of consortium for spouses and family members when the injury affects close relationships

Why Do Serious Medical Malpractice Cases Require a Firm Like Ours?

Medical malpractice cases require attorneys who can command complex medical evidence, work with top-tier experts, and take a case to trial when the defense won’t offer fair compensation. Hospitals and physicians hire experienced defense firms. Matching that firepower requires a plaintiff’s firm with both the trial record and the resources to go the distance.

Hospitals don’t just have insurance—they have experienced defense attorneys on retainer, risk management teams, and the resources to mount prolonged litigation. Physician defendants rarely concede anything voluntarily. The only leverage a victim has is a legal team that has actually won these cases and is prepared to win again.

John A. Caputo & Associates, P.C. brings:

• Many years of medical malpractice litigation experience in Pennsylvania courts
• Significant verdicts and settlements for injured patients and their families throughout Western Pennsylvania
• A team of top medical experts in the relevant practice areas who review cases and testify at trial when necessary
• Recognition from many prestigious legal organizations

Elizabeth Jenkins and John Caputo have spent many years working exclusively on medical malpractice cases. Neither dabbles in other practice areas when it comes to the cases that matter most. That depth of focus is what separates results that change lives from settlements that fall short.

Contact Our Reputable Pittsburgh Medical Malpractice Attorneys

If you or a family member may have been harmed by negligent medical care, contact John A. Caputo & Associates, P.C. for a free consultation. We represent clients throughout Pittsburgh, Allegheny County, and Western Pennsylvania. Our attorneys will review your situation, explain your legal options, and tell you honestly whether you have a case worth pursuing.

Call 412-391-4990 or contact us online to schedule your consultation. We work on a contingency fee basis—you pay nothing unless we recover compensation for you.

Frequently Asked Questions

How long do I have to file a medical malpractice claim in Pennsylvania?

Pennsylvania’s statute of limitations gives most medical malpractice victims two years from the date of injury or discovery to file a claim. Given the time required to gather records and secure expert review, waiting diminishes your options significantly.

Does Pennsylvania cap damages in medical malpractice cases?

Pennsylvania does not cap compensatory damages in medical malpractice cases. There is no statutory limit on what a jury can award for medical expenses, lost income, pain and suffering, or other losses. This makes Pennsylvania one of the more favorable jurisdictions in the country for seriously injured patients seeking full recovery.

How much does it cost to hire a medical malpractice attorney?

Our firm works on a contingency fee basis, which means there are no upfront costs and no legal fees unless we recover compensation for you. The contingency fee—a percentage of the final recovery—is discussed and agreed upon before we begin. If we don’t win, you owe us nothing.

Do most medical malpractice cases in Pittsburgh settle or go to trial?

Most medical malpractice cases settle before trial. But whether a case settles fairly depends almost entirely on how the defense perceives the plaintiff’s attorney. Defendants and their insurers know which firms actually try cases to verdict and which ones fold under pressure. Our firm has tried significant medical malpractice cases in Allegheny County and across Pennsylvania. That track record is what drives fair settlement offers.

How do I know if I was a victim of medical malpractice or just a bad outcome?

Not every bad medical outcome constitutes malpractice. Medicine involves risk, and not all injuries result from negligence. The distinction comes down to whether the provider met the accepted standard of care. If a competent physician in the same situation would have acted differently—and that difference would have changed the outcome—there may be a case. The only way to know for certain is to have a qualified medical expert review the records. That’s the first thing we do in every potential case.

Can a family file a medical malpractice claim if a loved one died?

Yes. When medical negligence causes death, surviving family members can pursue both a wrongful death action and a survival action in Pennsylvania. The wrongful death claim compensates the family for their own losses, such as lost financial support, loss of companionship and guidance, and funeral and related expenses. The survival action seeks damages the deceased could have recovered had they lived, including pain and suffering, medical expenses, and lost wages between the injury and death. In medical malpractice cases, both wrongful death and survival actions must be filed within two years of the date of death.

What should I bring to my first consultation with a medical malpractice attorney?

Bring whatever medical records you have access to, including discharge summaries, test results, operative reports, and any correspondence from your providers. A written timeline of events as you remember them is also helpful. You don’t need a complete file—we can obtain records directly. What matters most at the initial consultation is giving us enough information to assess whether the facts support a claim and explaining the harm you’ve suffered as clearly as possible.