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Medical Malpractice

Supreme Court of Pennsylvania Changes Venue Rules in Medical Malpractice Actions

Pennsylvania Superior Court Vacates A Grant Of Summary Judgment Related To MCARE’s Equitable Tolling Of The Statute Of Limitations

Pennsylvania Superior Court Remands Medical Malpractice Matter For New Trial Due To Excessive Damages And Addresses Waiver Issues

Pennsylvania Supreme Court Finds Seven-Year Limit to Bring Forth Medical Malpractice Claims Unconstitutional

PA Supreme Court Holds Plaintiff Less Accountable Under Discovery Rule

PA Supreme Court Holds Peer Review Privilege Does Not Extend to Physician Practice Groups

Medical Expert Witnesses May Testify Outside the Scope of Their Specialty

Supreme Court of Pennsylvania Addresses Juror Bias

Supreme Court of Pennsylvania Holds Informed Consent Is Obtained Only through Information Directly from Physicians

Defendants Cannot Use ACA to Calculate Future Life Care Costs

Venue Changed after Judge Rules Sending Test Results is not Treatment

Court Declines to Permanently Seal Settlement Petition in MedMal Action

Court Permits Expert Testimony Regarding Fetal Pain & Suffering Claims

PA Supreme Court Upholds Law Barring Wrongful Birth Lawsuits

UPDATE – Superior Court Clarifies Ruling Regarding Third-Party Beneficiaries of Physician-Patient Relationship

PA Superior Court Rules on Informed Consent and Jury Selection

Child Services Law Doesn't Bar Med-Mal Suit in Child Abuse Case

Execution of Release Bars Subsequent Medical Malpractice Lawsuit

Peer Reviews Initiated by Insurers Not Privileged

Hospital Board Minutes Privileged in MedMal Case

Nurse’s Incident Report Not Barred from Discovery in Med-Mal Case

PA Superior Court Allows Vicarious and Corporate Liability Claims to Proceed Despite Unnamed Agents

UPDATE: Supreme Court Rejects Bright Line Ban of Informed Consent Evidence

PA Superior Court Analyzes Discovery Rule & Permits Chest Tube Case to Proceed

PA Supreme Court Hears Debate on Ostensible Agency and MCARE Limits on Expert Testimony

PA Superior Court Grants New Trial due to Violation of “Collateral Source” Rule

NJ Supreme Court to Decide if Physicians Must Disclose Insurance Coverage to Patients

NJ Supreme Court Reverses Superior Court Ruling, Finds in Favor of Patient Safety Act’s Privilege of Self-Critical Analysis

UPDATE: Court Stays Order Compelling Production of Quality Reviews, Allowing Appellate Review of Peer Review Protection Act

PA Supreme Court to Test Ostensible Agency & MCARE Requirements for Non-Physician Experts

Health Insurance Quality Reviews Not Privileged Under Peer Review Protection Act

Carbon County Court Illustrates Proper Apportionment of Fault Amongst Settled & Non-Settled Defendants

Superior Court finds Expert Witness Unnecessary in Res Ipsa Loquitur Cases

Supreme Court Grants Appeal for Case Involving Informed Consent as Evidence

Procedural Rules Amended to Protect Attorney-Expert Communications

One Decade After Certificate of Merit & Venue Rules Implemented, Medical Malpractice Filings Normalize

Disclosure of Electronic Protected Health Information Leads to Record HIPAA Fine

Divided PA Supreme Court Affirms Shielding of Attorney/Expert Communications

Superior Court Clarifies Ruling Regarding Third-Party Beneficiaries of Physician-Patient Relationship

Supreme Court Definitively Bans “Error in Judgment” Defense in Medical Malpractice Cases

Superior Court Remands Defense Verdict because Admission of Breach required Finding of Negligence

Superior Court Orders New Trial after Evidence of Informed Consent was Improper in Medical Negligence Case

“Benevolent Gesture” Bill is Signed into Law by Governor Corbett

“Original Source” Exception Overcome by Focus on Documents’ Purpose in Peer Review Protection Act Analysis

Philadelphia Judge Strikes Loss of Consortium Claim Raised by Same-Sex Couple

Judge Emphasizes Confidentiality Provision in Peer Review Protection Act

Court Denies Appeal Related to Failure to Maintain Medical Records

Modified Version of “Benevolent Gesture” Statute Passed by PA Senate

10% Decrease in Medical Malpractice Case Filings in 2012

Centers for Medicare & Medicaid Services to Publish Health Care Providers’ Financial Info in September 2014

Review of Medicare Set-Aside Not Necessary to Enforce Settlement in NJ

Judge Says Attorney Fees Must be Based on Future Damages, Not Annuity

Court Upholds Rule Regarding “Out-of-State” Physician Sued in Philadelphia

Montco Bar Reconstitutes ADR Program to Address Longstanding Personal Injury Cases

Pathologist May Give Standard of Care Testimony Against Surgeon Under MCARE Act

Pennsylvania’s “Benevolent Gesture” Legislation Meets Opposition in Senate

Northumberland County Judge Holds Settlement Agreement Discoverable Pending Jury Determination of Liability

Third Circuit Certifies to N.J. Supreme Court Questions Regarding Applicability of Affidavit of Merit Statute

Supreme Court Grants Appeal to Consider “Error in Judgment” Defense in Medical Malpractice Cases

Supreme Court Holds that Praecipe for Writ of Summons Not Sufficient to Establish Notice of a “Claim” Under MCARE Section 517

Federal Court Bars Expert Testimony to Establish Res Ipsa Loquitur'

Federal Court Finds Valid Claim Against Physician Pursuant to Unfair Trade Practices Act and Consumer Protection Law

Superior Court Holds that Separate Award for Counsel Fees Beyond Award Found by Jury Not Authorized by MCARE Act

Lehigh County Court Holds Certificates of Merit Properly Struck when Expert Failed to Meet Requirements of MCARE Section 512

Fair Share Act is the New Law in Pennsylvania on Joint and Several Liability

Pennsylvania Supreme Court Holds that MCARE Must Cover Shortfall of Physicians’ Primary Insurance

MCARE Not Liable For All Injuries Occurring in Hospitals

Allegheny County Judge Vacates Jury's Verdict in Med Mal Case "in the Interests of Justice"

Commonwealth Court Rules that MCARE Fund has No Annual Limit for Extended Claims

District Court Considers Whether Expert Testimony in Med Mal Action Should Be Precluded on Basis of Federal Rule

PA Superior Court finds Communication Between Attorney and Expert Witness is Not Discoverable Unless it Forms Basis of Expert’s Opinion

Superior Court Grants Petition for En Banc Re-Argument in Attorney Work-Product Privilege Matter

Supreme Court Reaffirms Earlier Ruling in Matter re: Nurse’s Competency To Provide Expert Opinion on Issue of Causation

Supreme Court of Pennsylvania Holds Medical Oncologist is Qualified to Render Standard of Care Opinions Against Otolaryngologist and Radiation Oncologist Under MCARE Act

Allegheny County Court of Common Pleas Limits Scope of “Hindsight” Testimony

PA Supreme Court Considers Effect of Factual Admissions on Grant of Summary Judgment in Med Mal Action

Fewer Medical Malpractice Filings in Pennsylvania a Result of 2003 Reforms

Superior Court of Pennsylvania Reinforces Liberal Standard For Qualification of Expert Witness

Superior Court Denies Appeal After Applying Elements of 'Res Ipsa Loquitur'

Superior Court Affirms Lower Court’s Decision That Medicaid Regulations Relate Primarily To “A Procedure For Payment For Medical Services”

Superior Court Holds That Beneficiary of Medical Expenses Paid by DPW for Care of Minor Child Is Parents

Research Shows Medical Malpractice Juries are on the Side of Doctors

Pennsylvania Commission On The Medical Care Availability And Reduction Of Error (MCare) Fund Submits Final Report

New Statute Mandates That Any Amount Awarded in a Lawsuit Must Be Offset by Overdue Child Support

Governor Rendell Vetoes Bill Replacing “Joint and Several Liability” in Pennsylvania

New Jersey Aims to Protect Patients Through Physician Disciplinary Proceedings

Pennsylvania House of Representatives Approves “Benevolent Gesture” Legislation

New Jersey Senate and Assembly Mull Proposed Legislation to Limit Recovery of Non-Economic Damages in All Medical Malpractice Actions

Nursing Home Litigation

UPDATE – Disputes Over Nursing Home Arbitration Agreements Flourish in Pennsylvania

Disputes Over Nursing Home Arbitration Agreements Flourish in Pennsylvania

Philadelphia Judge Holds Survival Action in Nursing Home case Must be Handled via Arbitration

PA Supreme Court Holds Nursing Homes and Affiliated Entities Subject to Direct Corporate Negligence Claims

House of Representatives Weighs Proposal to Ban Mandatory Arbitration Clauses in Nursing Home Agreements

United States Third Circuit Court of Appeals Permits Residents of County-Operated Nursing Homes the Right to Bring Claims Under 42 U.S.C. § 1983

Pennsylvania House of Representatives Approves Punitive Damages Cap in Nursing Home Cases

Court Says Skilled Nursing Care Centers Not “Purely Public Charities”; Upholds Decision Revoking Tax Exempt Status

Discovery Rule in New Jersey Does Not Toll Statute of Limitations Pending Review of the Medical Records

Issues in Nursing Home Litigation: Negligence Per Se

New Jersey Nursing Home Litigation

Spotlight On: Nursing Home Litigation

Health Care Law

Hospital Waives Attorney-Client Privilege by Forwarding Counsel Letter to Public Relations Firm

PA Superior Court Reverses Dismissal of Patient Escape & Suicide Suit Against Hospital

Pennsylvania Superior Court Finds Statute Banning Wrongful Birth and Wrongful Life Actions Unconstitutional

OIG Issues Favorable Opinion Regarding Payment of Per Diem Fees to Physicians in Emergency Department

Third Circuit Court of Appeals Holds That Medicaid Liens are Not Prohibited by Anti-Lien and Anti-Recovery Provisions of The Social Security Act

Spotlight On: The New Rules for Health Care Decisions and Advance Heath Care Directives for Incompetent Patients

IRS Simplifies Determination of Whether A Health Care Worker is Employee or Independent Contractor

Medical Device, Mass Tort and Pharmaceutical Litigation

Eastern District of PA Dismisses Liability & Warranty Claims for Medical Device, Predicating Decision on State Lower Court Opinions

District Court Dismisses “Failure to Warn” Claim Against Pharmaceutical Company

US Court of Appeals for the Second Circuit Rules FDA’s Ban on Off-Label Marketing of Drugs Violates First Amendment’s Guarantee of Free Speech

US District Court Holds that Strict Liability Not Applicable to Manufacturers of Prescription Medical Devices

US Supreme Court to Decide Failure to Warn Claims in Pharmaceutical Cases

Legal Malpractice

Superior Court Holds Statute of Limitations Bars Legal Malpractice Claim

Appellate Division of New Jersey Superior Court Reexamines Entire Controversy Doctrine in Legal Malpractice Case

Montgomery County Judge Finds No Conflict of Interest Regarding Defense of an Insured Between Insurance Company and its Hired Attorney

Venue In Legal Malpractice Case Found Appropriate In County In Which Law Firm Conducts 3% Of Its Business

New Jersey Fee Shifting

Negligence Of Client Is Affirmative Defense In Legal Malpractice Case

Commercial Litigation & Corporate Law

Court of Common Pleas Permits Corporate Negligence Claim Against Professional Corporation

Third Circuit Affirms $5 Million Punitive Damages Award in Negligent Misrepresentation Case

Superior Court Permits Contractor to Recover Post-Judgment Interest, Penalties, Attorney’s Fees and Expenses Under the Contractor and Subcontractor Payment Act

Court Rejects Oral Modification to Written Agreement of Sale

Pennsylvania Superior Court Holds that Landlord May Not Amend Complaint to Recover Full Balance of Lease if Amount Miscalculated

Supreme Court Of Pennsylvania Determines That Arbitration Clause Favoring Lender Is Not Presumptively Unconscionable

Superior Court Interprets Standard Language Contained In Inspection Contingency Of Agreement Of Sale

Purely Public Purpose Exemptions from Liens

District Court Finds That Bank Violated The Deficiency Judgment Act When It Collected On Other Collateral

Pennsylvania Supreme Court Holds That Plaintiffs to Contract Actions Are Not Entitled to Delay Damages

Spotlight On: Employment Contracts

Spotlight On: Commercial Litigation

Creating a Business

General Liability and Casualty

Superior Court Reviews Scope of Privilege in Attorney / Third-Party Administrator Communications

Federal Judge Reprimands Defense Counsel After Delays Regarding Slip-and-Fall Settlement

3rd Circuit Court of Appeals Upholds Earlier Prediction Regarding Adoption of Third Restatement in Pennsylvania

Superior Court Rules on Whether to Include Medicare in Verdict Payment

PA Superior Court Rules Pre-Accident Mental Health Records are Discoverable

Common Pleas Court Holds That Attorney-Client Privilege Protects Communications Between Co-Defendants Engaged in Joint Defense

Wrongful Death Proceeds May Be Recovered by Adult Emancipated Child

Challenge to Improper Venue May Only be Made in Preliminary Objections

Pennsylvania Supreme Court Finds That The Bankruptcy Code Preempts State Law Dragonetti Claims

Supreme Court Makes Pennsylvania an “Any-Majority Rule” State

Venue Against a Corporation Cannot Be Based Upon Incidental Advertising

Attorney-Expert Witness Contact Permitted During Break in Trial

Employer Can Request That Employee Undergo Medical Examination

Treating Physician’s Opinion Admissible in Workers' Compensation Hearings

Subcontractor Prohibited From Filing Mechanics’ Lien

Non-Owned, Regularly-Used Car Exclusion Allowed in Insurance Contracts

Certificate of Merit Requirement Extended to Federal Cases in Pennsylvania

Silicone Breast Implant Litigation

National & Local Breast Implant News

Background

Other News

Pennsylvania Supreme Court Accepts Review of Superior Court’s Ruling That Peer Review Documents Obtained During The Credentialing Process Are Not Protected By The PRPA

Pennsylvania Superior Court Addresses Privilege Issues Under the Patient Safety Quality Improvement Act And The Peer Review Protection Act

Pennsylvania Supreme Court Vacates Superior Court Grant Of New Trial For Trial Court’s Failure To Personally Observe Voir Dire

New Jersey Grants Immunity to Providers Treating COVID-19 Patients

Settling Defendants Required to Appear on Jury Verdict Sheet

NJ Appellate Court Rejects Physician’s Suit Against Hospital for Revocation of Privileges

PA Supreme Court Ruling May Make it Easier for Defendants to Change Venue

Supreme Court to Decide if PA Products Liability Law Should Follow Second Restatement of Torts

Pennsylvania Supreme Court Amends Rules of Discovery to Include “Electronically Stored Information”

PA District Court: DPW Not Entitled to Full Amount of Lien Against Settlement Between Plaintiff and Philadelphia Housing Authority

Committee Proposes Amendments to New Jersey Rules

Superior Court of New Jersey Affirms Decision Refusing to Allocate Proceeds Following Settlement after Non-Binding Arbitration Award

District Court Issues Opinion Pertaining to Punitive Damages and Discovery

Superior Court Of Pennsylvania Nullifies Reservation of Rights Clause Contained In Release Signed By Appellant

Supreme Court of Pennsylvania Releases New Rules of Civil Procedure

A Primer on the New Mechanics' Lien Law Amendments

Rule 238 Amendment - Delay Damages

What is Informed Consent?