March 25th, 2019 by Rieders Travis in Attorney Malpractice

The Estate of Philip F. Young and Brinton Young, Individually and as Executor of the Estate of Philip F. Young v. Robert Louis, Esquire and Saul Ewing, LLP, 2018 Pa. Super. (December 31, 2018) Stabile, J.-Appellant Brinton Young, both individually and as personal representative of the Estate of Philip F. Young, appeals from an order granting summary judgment in this legal malpractice action in favor of Appellees Robert Louis, Esquire and Saul Ewing, LLP. Appellant argues that Appellees’ negligent preparation of estate documents prevented him receiving all assets that Philip Young intended him to receive from Philip’s trust. We affirm. Appellees represented Philip, not Appellant. Philip executed a will in 2006 naming Appellant the sole beneficiary and bequeathing Windy Hill, Philip’s tangible personal property, and a residuary interest to Appellant. In 2006 or early 2007, Appellees drafted an amendment to the Trust that made Appellant the sole beneficiary of the Trust. Philip never signed the amended Trust. As in Agnew, the fact that Appellant was named as sole beneficiary in the unexecuted amended Trust does not give him standing to sue Appellees. It also deserves mention that Appellant received everything…

The Catastrophe of Infections in American Hospitals

December 19th, 2017 by Rieders Travis in Attorney Malpractice

Dental Malpractice
People go to hospitals and medical facilities to get well, but all too often they wind up getting sicker or even dying from infections acquired at these very facilities. In fact, the Centers for Disease Control and Prevention (CDC) estimates that 1.7 million cases of infection will contribute to more than 90,000 deaths annually at United States hospitals. Preventable medical infections are one of the greatest causes of sickness and death in the United States. If infections drop to manageable levels, the cost of healthcare insurance would be dramatically lower. It has been shown that many infections can be prevented if healthcare professionals are careful and follow guidelines. For example, one big source of infection is blood stream infections (CLABSIs), which are caused when central lines that deliver medications directly into the blood vessels near the heart become contaminated. Experiments have shown that CLABSIs can be prevented if healthcare workers follow guidelines for careful and sterile central-line insertions and maintenance. At Johns Hopkins Hospital in Maryland, a program has been instituted with the goal of eliminating all CLABSIs. The hospital has come up with a specific central-line insertion checklist that details each action that must be…

ATTORNEY MALPRACTICE-STATE ACTION-SETTLEMENT- Kilmer v. Sposito, 146 A.3d 1275 (Pa. Super. 2016)

February 15th, 2017 by Rieders Travis in Attorney Malpractice

In this appeal, Appellant Janet Kilmer ("Appellant") appeals the trial court's order sustaining preliminary objections in the nature of a demurrer filed by her former attorney, Appellee James Sposito ("Appellee"), in Appellant's legal malpractice and breach of contract case. Because we conclude that the trial court erred as a matter of law, we reverse. According to the complaint, Appellee negligently and carelessly advised Appellant, the surviving spouse, to file an election to take against her husband's will under the provisions of 20 Pa.C.S.A. § 2203, which would entitle her to one-third of husband's estate,1 when pure operation of law pursuant to 20 Pa. C.S.A. §§ 2507 and 21022 would have entitled Appellant to one-half of the estate as a surviving spouse who had married the testator after he made his will. Appellant followed this advice, and Appellee, on Appellant's behalf, filed an election to take against her husband's will in Orphan's Court on June 30, 2009, a move that effectively reduced Appellant's share of her husband's estate from one-half to one-third.3 Appellant terminated the services of Appellee upon discovering the significance of exercising her right of election and hired a new attorney,…