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  • Kinard v. Butler Mem'l Hosp.

    Publication Date: 2020-05-11
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0357

    The court sustained a preliminary objection, because plaintiffs' certificate of merit only supported their claim for vicarious liability, not corporate negligence. The complaint contained sufficient facts to allow plaintiffs' punitive damages claim to go forward.

  • Beard v. Williams

    Publication Date: 2020-05-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Northampton County
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0444

    The court denied defendant physician's motion for summary judgment, because genuine issues of material fact existed regarding matters associated with a collaboration agreement between the physician and a nurse practitioner.

  • Nigon v. Jewell

    Publication Date: 2020-04-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0305

    Where medical providers failed to address known risks of a patient's condition, the court overruled certain preliminary objections, but sustained others.

  • Garman v. Angino

    Publication Date: 2020-04-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0389

    Trial court erred in ruling that attorneys' negligence was not the proximate cause of clients' loss where damages in second medical malpractice action were not barred under doctrines of collateral estoppel, res judicata, or one recovery rule by prior medical malpractice action arising from the same surgery. Summary judgment vacated, case remanded.

  • Monahan v. Reedy et al

    Publication Date: 2020-03-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0220

    The defendant hospital's designation of a physician as a witness on credentialing of physicians was probative of its alleged breach of the corporate duty to formulate and enforce adequate credentialing procedure where this witness stated that he was not familiar with hospital credentialing or privilege policies. The trial court denied a motion in limine.

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  • Ford-Bey v. Prof. Anesthesia Serv. of N. Am.

    Publication Date: 2020-03-02
    Practice Area: Medical Malpractice
    Industry: Health Care | Legal Services
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0232

    Client's notes prepared in preparation for his deposition were not protected from discovery under the attorney-client or work product doctrines where there was no evidence that the notes were prepared at counsel's direction, contained communications between counsel and client, or contained the mental impressions of counsel or counsel's representative. Order of the trial court affirmed.

  • Dean v. Bowling Green-Brandywine

    Publication Date: 2020-03-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0230

    Trial court erred in nonsuiting negligence case pursuant to Mental Health Procedures Act qualified immunity where decedent voluntarily sought treatment for drug dependence, which was expressly excluded from definition of mental health treatment. Order of the superior court reversed, case remanded.

  • Suhoskey v. Lankenau Hosp.

    Publication Date: 2020-01-27
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0021

    Although the doctrine of res ipsa loquitur may have applied in this medical malpractice case, it did not eliminate the need for expert testimony. Due to plaintiff's failure to file an appropriate certificate of merit under Pa.R.C.P. 1042.3, a judgment of non pros was appropriate.

  • Garvey v. Adamo

    Publication Date: 2020-01-20
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0020

    Plaintiff pled a viable claim for punitive damages against the defendant health care provider based on vicarious liability where the provider allegedly had actual knowledge of the wrongful conduct of one of its agents, a doctor, and nevertheless allowed such conduct to occur. The court overruled defendant's preliminary objection.

  • McFeeley v. Shah

    Publication Date: 2020-01-20
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0044

    Trial court correctly denied motion for new trial where jury's verdict was supported by weight of the evidence where parties' experts contradicted one another on the factual cause of decedent's fatal colon perforation. Judgment affirmed.