Stephen J Pokiniewski Jr

April 16, 2020 | The Legal Intelligencer

What conduct constitutes gross negligence is an important question in Pennsylvania law, particularly with regard to issues involving liability waivers and healthcare provider immunity pursuant to the Mental Health Procedures Act (MHPA).

By Stephen J. Pokiniewski Jr.

7 minute read

April 06, 2018 | The Legal Intelligencer

A recurring issue in cases involving injuries to patients or residents of nursing and rehabilitation facilities is the existence of and the importance to the case of agreements to arbitrate any disputes that arise from the admission.

By Stephen J. Pokiniewski Jr.

8 minute read

December 14, 2017 | The Legal Intelligencer

In an opinion by Justice Sallie Mundy, the Supreme Court held in Dubose v. Quinlan that the statute of limitations in a medical professional liability case for both a wrongful death and a survival action is two years from the date of the decedent's death.

By Stephen J. Pokiniewski Jr.

16 minute read

November 18, 2016 | The Legal Intelligencer

In Echeverria v. Holley, 2016 PA Super 119, 142 A.3d 29 (Pa. Super. 2016), the Superior Court addressed a number of important legal issues involving Pennsylvania negligence law.

By Stephen J. Pokiniewski Jr.

13 minute read

December 16, 2015 | The Legal Intelligencer

A case involving the alleged failure of a physician to diagnose a patient's hereditary cardiac condition and advise of the risk to the patient's son raises once again the issue of the scope of physician liability for harm to third-party nonpatients.

By Stephen J. Pokiniewski Jr.

7 minute read

December 16, 2015 | The Legal Intelligencer

A case involving the alleged failure of a physician to diagnose a patient's hereditary cardiac condition and advise of the risk to the patient's son raises once again the issue of the scope of physician liability for harm to third-party nonpatients.

By Stephen J. Pokiniewski Jr.

7 minute read

December 11, 2015 | The Legal Intelligencer

After the passage of the Affordable Care Act, the defense in catastrophic injury cases has attempted to use the act to limit the plaintiff's claim for future medical expenses.

By Stephen J. Pokiniewski Jr.

5 minute read

December 10, 2015 | The Legal Intelligencer

After the passage of the Affordable Care Act, the defense in catastrophic injury cases has attempted to use the act to limit the plaintiff's claim for future medical expenses.

By Stephen J. Pokiniewski Jr.

5 minute read

November 14, 2014 | The Legal Intelligencer

You get a telephone call or email from a potential client advising that he or she or a family member was in the hospital recently and a problem occurred in the course of his or her medical care causing injury or death. You are advised that shortly after the event he or she was given a letter from a hospital representative expressing the hospital's concern for what happened and briefly discussing the event.

By Stephen J. Pokiniewski Jr.

7 minute read

March 18, 2014 | The Legal Intelligencer

Until the passage of the Medical Care Availability and Reduction of Error Act in March 2002, Pennsylvania, like most states, did not have a statute of repose related to medical negligence. However, in Section 513 of MCARE, the Pennsylvania Legislature enacted a seven-year statute of repose.

By Stephen J. Pokiniewski Jr.

9 minute read