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  • Pugh v. Cmty. Health Sys., Inc.

    Publication Date: 2021-01-25
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rice
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0070

    Plaintiffs granted legal finding of undue delay in medical treatment where defendants failed to preserve relevant documents and information before losing access to the documents during sale of the hospital facility. Plaintiffs' motion for sanctions granted in part and denied in part.

  • Evans v. Lavallee

    Publication Date: 2021-01-25
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1399

    Plaintiff's punitive damages claims against two individual defendants involved in a surgical procedure to remove basal cell carcinomas were sufficient where the claims were supported by allegations of defendants' purported conscious disregard of known risks of harm. The court overruled defendants' preliminary objections in part.

  • Leight v. Univ. of Pittsburgh Physicians

    Publication Date: 2021-01-18
    Practice Area: Medical Malpractice
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0039

    Voluntary outpatient physicians' mere discussion or consideration of involuntary commitment for psychiatric treatment was insufficient to establish liability for physicians under the Mental Health Procedures Act. Order of the superior court affirmed.

  • Kaczmarczyk v. Uniontown Hosp.

    Publication Date: 2021-01-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1395

    Plaintiffs' medical malpractice complaint asserting vicarious liability failed to satisfy Pa.R.Civ. P. 1019(a) where the pleading failed to identify the physicians alleged to be employees, agents or representatives of the defendant hospital and failed to state the individuals' alleged actions or omissions giving rise to liability. The court of common pleas recommended affirmance.

  • DelGuercio v. Tio

    Publication Date: 2020-12-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1314

    Plaintiffs in this medical malpractice action were entitled to documents relating to the audit trail for medical records. Some of the information redacted by defendant doctor was discoverable, so the court granted plaintiffs' motion to compel in part and denied it in part.

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  • Fritz v. BNG Aesthetics, LLC

    Publication Date: 2020-12-21
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1305

    Plaintiff's lack of informed consent claim against defendant physician lacked the specificity required to establish that the physician not only provided her with negligent treatment but also knowingly provided her with a different treatment than that discussed. The court sustained defendants' preliminary objections.

  • Watkins v. UPMC Jameson

    Publication Date: 2020-11-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1174

    Where plaintiff alleged that defendants did not provide her with proper medical treatment when she appeared at hospital at 26-weeks' gestation and that proper treatment could have prevented the child's death, she sufficiently alleged a duty of care owed to her and a breach of that duty and asserted a viable claim for negligent infliction of emotional distress. The court sustained in part defendants' preliminary objections.

  • Millhouse v. Rajjoub

    Publication Date: 2020-11-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1093

    Plaintiff failed to show good cause for failing to file a certificate of merit in this medical malpractice action. The court denied plaintiff's motion for waiver of the requirement and it refused to grant an additional extension of time.

  • Tischler v. Acuity Vision, P.C.

    Publication Date: 2020-10-19
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1019

    Plaintiff was entitled to conduct discovery on the issue of the defendant's potential corporate liability in this medical malpractice suit arising from an eye surgery where the complaint did make it clear or free from doubt that the defendant eye-care center could not be held liable for corporate negligence. The overruled defendant's demurrer.

  • Latka v. Rieder

    Publication Date: 2020-09-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0928

    A podiatrist was required to properly document his encounters with patients, so the court denied defendant's motion in limine regarding testimony about his lack of documentation. The court granted plaintiff's motion in limine on the issue of informed consent, but denied other aspects of her motion.