Filter This View

  • Sanders v. Children's Hosp. Of Philadelphia

    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.

  • Lahr v. Young

    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.

  • Balderach v. Pennsylvania Med. Transport, Inc.

    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.

  • Akins v. Magda

    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.

  • Woolley v. Pocono Med. Ctr.

    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.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

    View this Book

    View more book results for the query "*"

  • Lahr v. Young

    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.,

  • DiDomizio v. Jefferson Pulmonary Assocs.

    Publication Date: 2022-08-15
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0907

    Trial court erred in dismissing delayed diagnosis claim under statute of limitations where there was material dispute whether plaintiff had inquiry notice that she had been misdiagnosed and that the misdiagnosis delayed her eventual cancer diagnosis. Order of the trial court reversed, case remanded.

  • Webb v. Scranton Quincy Hosp. Co., LLC

    Publication Date: 2022-07-25
    Practice Area: Medical Malpractice
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0762

    Court denied defendants' preliminary objections in medical malpractice case. Although the multiple defendants generally argued plaintiff failed to plead several of the claims with specificity, the court denied these arguments noting that the complaint was aptly pled, placing the defendants on sufficient notice of the claims they would need to defend.

  • Boyle v. United States

    Publication Date: 2022-06-27
    Practice Area: Medical Malpractice
    Industry: Federal Government | Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0707

    Medical expert witness holding administrative, non-clinical medical license could not opine on the duty of care owed by a physician but was competent to testify as to the duty of care owed by hospital management as administrators. Defendant's partial motion to dismiss granted, motion to exclude expert testimony granted in part and denied in part.

  • Nigon v. Jewell

    Publication Date: 2022-05-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0377

    Defendants were entitled to summary relief in this medical malpractice suit brought by the decedent's administratrix because there was no factual support for her expert's opinion that there was a causal connection between the defendant doctor's alleged negligence and the decedent's post-surgical death. The court denied plaintiff's motion for reconsideration.