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Publication Date: 2023-01-30
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: CV 20-0879
The court overruled plaintiff's preliminary objections to defendants' amended new matter on the basis that defendants complied with the requirements under Pa.R.C.P. 1019(a) and 1030 by placing plaintiff on notice of the contents of the disputed issues.
Publication Date: 2023-01-23
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 10023 OF 2021, C.A.
The court granted in part and denied in part defendant medical facility's objections to plaintiff's claims. The court dismissed plaintiff's breach of contract claim finding that the conduct complained of would be better captioned in a claim for medical malpractice but overruled defendant's objections to the informed consent and battery claims, finding that plaintiff's pled sufficient facts.
Publication Date: 2022-12-26
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 32 MAP 2021
Superior court erred in finding the language in the Medical Care Availability and Reduction of Error Act was ambiguous and in concluding trial court erred when it entered summary judgment on the basis that decedent's death certificate recorded her medical cause of death and court found the phrase "cause of death" in MCARE §513(d) referred specifically to the medical cause of death and only an affirmative misrepresentation or fraudulent concealment of such medical cause of death tolled the two-year statute of limitations for medical ma
Publication Date: 2022-12-12
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-C-1183
Defendants erred in relying on Sutherland v. Monongahela Valley Hosp. to argue that the corporate negligence theory did not apply to a physician's group because it had not assumed the role of a comprehensive health center, and failed to analyze such a claim in view of the factors set forth in Althaus v. Cohen. The court overruled defendants' preliminary objection.
Publication Date: 2022-12-12
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 646 EDA 2021
Defendant hospital challenged trial court's rulings on privileged documents in plaintiffs' wrongful death and survival actions and court found most of the documents and reports were protected by the Peer Review Protection Act or the Medical Care Availability and Reduction of Error Act. Affirmed in part and reversed in part.
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Publication Date: 2022-12-05
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-C-0010
The patient safety reports plaintiff sought in this medical malpractice suit were solely prepared for compliance with the Medical Care Availability and Reduction of Error Act reporting requirements, but they were not immune from discovery because they did not arise out of matters reviewed by a patient safety committee. The court vacated a prior order and issued a new order granting discovery on corrected grounds.
Publication Date: 2022-11-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 30007 OF 2016, C.A.
While the state's Emergency Medical Services Systems Act provides that emergency medical service providers are immune from suit unless the claimant establishes gross negligence or willful misconduct, plaintiff's evidence, including two medical expert reports, raised issues of material fact regarding whether defendants acted with gross negligence in treating the decedent during a cardiac incident. The court denied defendants' motion for summary judgment.
Publication Date: 2022-11-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 30010 OF 2021, C.A.
Plaintiff's medical malpractice complaint lacked the specificity required by Pa.R.C.P. 1019(a) absent any factual averments to indicate what action/inaction caused plaintiff's alleged harm and her demand for punitive damages lacked any allegations to demonstrate that defendants acted in a manner that was malicious, willful, oppressive or exhibited reckless indifference to the rights of others. The court sustained defendants' preliminary objections.
Publication Date: 2022-11-14
Practice Area: Medical Malpractice
Industry: Health Care | Legal Services
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 6050 CIVIL 2019
Court denied defendants' motion to seal the record of settlement, finding that they failed to show good cause to overcome the presumption of openness within the judicial system. Although defendants argued that the settlement would garner unwanted attention from the media and uninterested third parties, the court found that this argument was merely speculative in nature as defendants had failed to point to a single incident of intrusion into their personal or professional lives.
Publication Date: 2022-08-22
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0873
Defendants failed to demonstrate that certain patient safety reports generated while plaintiff was in hospital to give birth were immune from discovery in this medical malpractice suit under either the Peer Review Protection Act or the privilege afforded by the Medical Care Availability and Reduction of Error Act. The court granted plaintiff's motion to compel.,
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