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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
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.
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.
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.
Publication Date: 2022-01-03
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1401
The court held that defendants were required to subpoena non-party witnesses reasonably in advance of the trial date. Motion to quash defendants' notices to appear granted.
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Publication Date: 2021-12-20
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1378
The remaining defendants could not offer evidence of plaintiffs' settlement with another tortfeasor at trial in this professional liability suit since both 42 Pa.C.S. §6141(c) and Pa.R. Evid. 408(a)(1) barred the admission of evidence regarding plaintiffs' prior joint tortfeasor settlement. The court granted plaintiffs' motion in limine.
Publication Date: 2021-12-13
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1343
The court held: 1) because issues of fact existed regarding plaintiff's contributory negligence, her motion for a ruling on comparative negligence was denied; 2) claims against three defendants for punitive damages and negligent infliction of emotional distress were dismissed for lack of proof; and 3) decedent's general physician and the partner of the general physician were dismissed for lack of causal connection to the event allegedly responsible for death of plaintiff's decedent.
Publication Date: 2021-11-22
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1249
Plaintiff met his burden to obtain a written statement supportive of his certificate of merit in this professional liability suit, even though the physician's statement did not clarify whether plaintiff alleged negligence in the performance of certain surgeries or in the failure to timely provide follow-up treatment. The court denied defendants' motion to strike.
Publication Date: 2021-11-15
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1319
Trial court erred in granting a nonsuit to defendant hospital in action over child's death because trial court erred in finding that defendant did not undertake to render a service to child where parents presented expert testimony that suggested defendant's actions, or lack thereof, increased the risk of harm to child. Reversed and remanded.
Publication Date: 2021-11-08
Practice Area: Medical Malpractice
Industry: Health Care | Legal Services
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1297
Trial court erred in entering sanctions against counsel for failure to strictly comply with certificate of merit rules, where the trial court failed to determine what harm was suffered by defendants due to the violation or what sanctions might be appropriate. Order of the trial court vacated, case remanded.
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