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The Legal Intelligencer

In Wake of Informed Consent Ruling, Med Mal Lawyers Raising Questions

Some attorneys are saying a new ruling on informed consent will sow confusion in the medical industry and lead to an uptick in legal disputes. Others say it just clears up conflicting case law and aids in reducing the number of medical malpractice claims in Pennsylvania. But one thing is for sure—attorneys in the Keystone State are talking about the decision in Shinal v. Toms.
9 minute read

The Legal Intelligencer

Estate of Paul S. Terry Jr. v. Cathedral Village, PICS Case No. 17-1096 (C.P. Philadelphia Nov. 17, 2016) Butchart, J. (6 pages).

Plaintiff was required to produce expert testimony to make out a prima facie case for medical negligence. Defendant was entitled to summary judgment where plaintiff failed to produce its expert report within the time set by the court's case management order.
5 minute read

The Legal Intelligencer

Jury Awards $5M in Suit Over Premature Hospital Discharge

A Philadelphia jury has handed up an award of $5 million to the family of a woman who died after she was allegedly prematurely discharged from the Albert Einstein Medical Center following a gallbladder removal surgery.
3 minute read

New York Law Journal

Dullea v. Amico

Medical Professionals Establish Prima Facie Case Warranting Dismissal of Malpractice Suit
3 minute read

New York Law Journal

The Emergency Room Exception for Vicarious Liability

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier write: While it has long been recognized that a hospital is vicariously liable for the physicians it assigns to patients where a patient seeks treatment not from a particular physician, but from the hospital, some decisions have strictly imposed all of the requirements of ostensible agency. However, this circumstance is not purely one of ostensible agency. Rather, it is a distinct exception that involves aspects of both ostensible agency and agency-in-fact.
15 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

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

The Legal Intelligencer

Jury Awards $5M Verdict in Case Over Premature Hospital Discharge, Death

A Philadelphia jury has handed up an award of $5 million to the family of a woman who died after she was allegedly prematurely discharged from the Albert Einstein Medical Center following a gallbladder removal surgery.
3 minute read

The Legal Intelligencer

Raynor's $45K Sanction Stands After Justices Reject Appeal

The Pennsylvania Supreme Court has declined to hear Philadelphia-area attorney Nancy Raynor's appeal over a $45,000 sanction she received for allegedly attempting to pressure a witness.
3 minute read

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