• Ford-Bey v. Prof'l Anesthesia Serv. of N. Am., LLC

    Publication Date: 2022-05-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0384

    The court found that the notes made by a hospital employee were not protected by the confidentiality provisions of the Medical Care Availability and Reduction of Error Act because they were not made for the sole purpose of complying with the patient safety reporting requirements of the MCARE Act. Motion granted.

  • Johnson v. Lutton

    Publication Date: 2022-03-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0340

    Expert's reference to the "standard of care" need not be excluded from testimony where it was frequently used in the medical profession in connection with failure to obtain informed consent and was not likely to confuse jury between negligence and lack of consent. Defendants' motion in limine denied in part and granted in part.

  • DiDomizio v. Thomas Jefferson Univ. Hosp., Inc.

    Publication Date: 2022-03-14
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Shreeves-Johns
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0205

    In this Rule 1925(a) opinion, the court determined that it did not err when it held that that the statute of limitations against defendant hospital and its physicians began to run when plaintiff became aware of her lung cancer diagnosis and that plaintiff filed her complaint after the expiration of the statute of limitations. The court sought affirmance.

  • Bellan v. Penn Presbyterian Med. Ctr.

    Publication Date: 2022-03-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0251

    Dismissal of complaint for untimely service affirmed where plaintiff made no diligent efforts to attempt alternative means of service or inform the trial court of the difficulty of serving defendant. Order of the trial court affirmed.

  • Jackson v. St. Luke's Hosp.-Monroe Campus

    Publication Date: 2022-03-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0151

    The court held that a genuine issue of material fact existed relating to the existence of a specialist consultation policy at the defendant hospital. Motion for summary judgment denied.

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  • Myers v. Mihail

    Publication Date: 2022-03-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0147

    The court sustained plaintiff's preliminary objections to defendant's new matter for lack of factual specificity where it alleged the claim was time-barred and that there was an intervening cause. The court also sustained objections to allegations that were not proper affirmative defenses such as the collateral source rule. Finally, the court overruled plaintiffs' objection to defendant's allegation that consent was given, finding that the allegation contained sufficient facts. Objections sustained in part, overruled in part.

  • Hyman v. St. Luke's Hosp.

    Publication Date: 2022-01-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1525

    The court held that plaintiff's complaint, which alleged dates of care, places of care, identified several defendant providers by name and averred that certain agents of defendant hospital and medical group were unknown to plaintiff but known to defendants, possessed sufficient specificity to withstand defendants' preliminary objection. Additionally, plaintiff's claim of corporate negligence directed to defendant physician group and health network did not fail under Pa.R.Civ.P. 1028 (a)(4) because the allegations established that the

  • Lageman v. Zepp

    Publication Date: 2022-01-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0040

    After presenting some direct evidence of negligence, a medical malpractice plaintiff was not precluded from also receiving a res ipsa loquitur jury instruction after presenting substantial circumstantial evidence of the doctor's negligence. Order of the superior court affirmed.

  • Bisher v. Lehigh Valley Health Network, Inc.

    Publication Date: 2022-01-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0014

    Pleadings unlawfully filed by non-attorneys did not implicate the subject matter jurisdiction of the trial court, but were still voidable in the discretion of the trial court following notice and opportunity to cure. Order of the superior court reversed, case remanded.

  • Steltz v. Meyers

    Publication Date: 2022-01-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0003

    Superior court erred in affirming trial court's grant of a new trial based on one question for which trial court gave a curative instruction and court found superior court's reliance on Siegal v. Stefanyszyn, 718 A.2d 1274, was misplaced and trial court did not view the question in the context of the entire trial when evaluating appellee's post-trial motion for a new trial. Reversed.