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The Legal Intelligencer

Pa. Justice Voices Support for Reinstating Murderer's Psychiatric Malpractice Claims

Central to the case is Pennsylvania's "no felony conviction recovery" rule—a judicially established rule preventing convicted felons from collecting damages for circumstances that occurred as a result of their crimes.
3 minute read

The Legal Intelligencer

Ex-Eagles Team Captain Wins $43.5M Verdict in Medical Malpractice Suit

Although the Philadelphia Eagles did not come away Super Bowl champions, one former teammate had a reason to celebrate Feb. 13 after a Pennsylvania jury awarded him more than $43 million over a claim that medical treatment he received cut short his promising career in the National Football League.
3 minute read

Law.com

Erroneous Jury Instruction Leads High Court to Vacate Med Mal Defense Verdict

The Idaho Supreme Court vacated a jury's medical malpractice verdict in favor North Idaho Day Surgery, remanding the case for further judgment after finding the plaintiffs had been prejudiced by the use of a "'but for' jury instruction on the issue of proximate cause instead of a 'substantial factor' instruction."
4 minute read

The Legal Intelligencer

Pa. High Court Poised to Kick Off 2023 Argument Session

Three cases in particular have captured the attention of the plaintiffs and defense bars, with advocates on both sides appearing as amici in matters impacting the realms of medical malpractice, products liability and venue.
4 minute read

The Legal Intelligencer

Western Pennsylvania Jury Awards $16M in Med Mal Action

The award is unusually high for the conservative-leaning Beaver County, where verdicts rarely hit seven digits, said Ogg, Murphy & Perkosky partner John Perkosky, who represents plaintiffs Jeff and Lisa Latham.
3 minute read

Daily Report Online

Reversed on Appeal: Supervising Physicians Not Vicariously Liable for Physician Assistants' Conduct

"The language of the [Physician Assistant Act] does not expressly impose vicarious liability on supervising physicians for the negligent acts of their [physician assistants]," the Georgia Court of Appeals ruled. "The General Assembly knows how to impose liability by statute when it chooses to, and we will not read into the PAA language that the General Assembly did not include."
8 minute read

The Legal Intelligencer

Hospital Sued Over Patient's Leg Amputation

In April 2014, plaintiff Celia McHatton, 50, had her left leg amputated at the knee. She claimed that the amputation was due to inadequate care at Ephrata Community Hospital and its vascular surgeon, Dr. Thomas O'Connor.
4 minute read

New Jersey Law Journal

On the Contrary: Appeals Court Declines to Extend 'Glassman' to Joint Tortfeasor Cases

In a published opinion, the New Jersey Appellate Division held that judicial estoppel does not prevent a plaintiff from reversing a position on the negligence of a settling joint tortfeasor at trial.
6 minute read

Daily Report Online

Lawyers From Shamp Silk Secure $10.5M Medical-Malpractice Verdict in Cobb County

Attorney Laura Shamp, who tried the case with Joshua Silk, said having few witnesses helped the trial go smoothly for the plaintiffs. However, trying the case wasn't without challenges.
3 minute read

Law.com

Lengthy Litigation Over 'Perfect Smile' Continues: Patient Allowed to Proceed with 'Wrongful Use of Civil Proceedings' Claims Against Dentists

"Leighton contends that, by filing a defamation lawsuit, the Dentists implicitly agreed to cooperate in discovery, and, therefore, their subsequent refusal to do so was an abuse of that process," Justice Catherine R. Connors wrote on behalf of the unanimous SJC. "The Dentists' failure to act, to their own detriment, however, is insufficient to sustain the cause of action because they did not invoke the authority of the court or cause process to issue. The Dentists' refusal to properly respond to Leighton's discovery requests—although sanctionable—is not actionable."
5 minute read

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