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The Legal Intelligencer

Dziedzic v. Genesis HealthCare, Inc. et al., PICS Case No. 17-1059 (C.P. Berks June 23, 2017) Sprecher, J. (6 pages).

Where a medical patient could not be relied upon to pay her expenses or authorize medical decisions for herself due to her condition, it would have been impossible for that patient to read, understand and execute an arbitration agreement knowingly. The court recommended affirmance of its order overruling defendants' preliminary objection and request for binding arbitration.
3 minute read

The Legal Intelligencer

Saltzman v. Thomas Jefferson Univ. Hosp., Inc., PICS Case No. 17-1039 (Pa. Super. June 30, 2017) Moulton, J. (24 pages).

Trial court erred in finding that there was no enforceable arbitration agreement between appellee and hospital because there was no blanket prohibition on the arbitration of whistleblower claims, a public forum was not necessary to preserve the deterrent function of that law and the broad language of the clause applied to all claims relating to or arising from the parties' contractual relationship, not just claims arising from an alleged breach of the agreement. Reversed.
3 minute read

The Legal Intelligencer

MCARE Repose Statute Doesn't Save Case Over Failing Bodily Organ

An exemption to the MCARE statute of repose that allows patients with sponges and scissors left in their bodies to sue more than seven years after the surgery does not apply to organ recipients who received problematic organs, the Pennsylvania Superior Court has ruled.
4 minute read

Daily Business Review

Haliczer Transitioned From Dropout to Medical Malpractice Specialist

The co-founder of Haliczer Pettis & Schwamm dealt with plenty of rejection from employers and law schools before finding his way to a legal career.
5 minute read

New York Law Journal

Woods v. Start Treatment & Recovery Centers, Inc.

'Motivating Factor' Causation Standard Applies to FMLA Retaliation Claims
3 minute read

The Legal Intelligencer

Family Wins $5M After Man Dies Following Surgery

A Mercer County jury has awarded more than $5 million to the family of man who died following a hip replacement surgery.
8 minute read

National Law Journal

Appeals Court Revives FCA Case Over Faulty Hip Implants

The court allowed allegations that DePuy Orthopaedics sold defective hip implants to doctors who sought government reimbursement for them.
9 minute read

The Recorder

Bonni v. St. Joseph Health System

C.A. 4th; G052367 The Fourth Appellate District reversed a trial court order. The court held that two hospitals’ alleged retaliatory motive in…
2 minute read

The Recorder

MDL Panel Appears Reluctant to Consolidate Cases

The U.S. Judicial Panel on Multidistrict Litigation appeared loath to coordinate many of the cases that came up on Thursday, including one involving record requests over the enforcement of President Donald Trump's travel ban.
5 minute read

National Law Journal

States Take Aim at Surprise ER Bills

Even as the Obamacare repeal and replace battle continues in Congress, states are staking steps to limit so-called "surprise" bills patients sometimes receive for care from out-of-network providers in network hospitals.
8 minute read

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