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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.
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.
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.
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.
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.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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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.
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.
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.
Publication Date: 2020-08-24
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Johnson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0836
The evidence supported a large award of damages on wrongful death and survival claims, so the court denied defendants' requests for a new trial and remittitur.
Publication Date: 2020-08-17
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0892
Trial court erred in finding administratrix's wrongful death and survival causes of action against primary care physician were time barred under the medical care availability and reduction of error act because subsection 1303.513(d) was ambiguous and "affirmative misrepresentation or fraudulent concealment of the cause of death" meant affirmative misrepresentations about or fraudulent concealment of conduct plaintiff alleged led to decedent's death. Reversed and remanded.
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