Damages

July 23rd, 2019 by Rieders Travis in Damages

PUNTIVE DAMAGES-INFORMED CONSENT-FACTUAL CAUSE Fritz v. BNG Aesthetics, No. CV-20-0553 (C.P. Lycoming October 28, 2020) (Linhardt, J.) Lack of informed consent can lead to punitive damages if it is pled that the doctor intentionally lied to plaintiff and performed a procedure different than the procedure discussed.  This would be enough to support punitive damages.  Since this is not negligence, substantial factor does not have to be pled, although in this case it seems to be present anyway.  Plaintiff has to replead not only that the doctor provided negligent treatment (which seems like an error in the wording of the court) but that he knowingly provided a different treatment than that discussed with plaintiff. DAMAGES-PUNITIVE-MEDICAL MALPRACTICE Evans v. Lavallee, No. CV-20-0879 (C.P. Lycoming December 1, 2020) (Ryan, J.)  Punitive damages against plastic surgeon Dr. Lavallee and anesthesiologist Dr. Pastore and CRNA Adkins.  The allegations against Pastore and CRNA Adkins are more than a mere failure to diagnose a serious condition.  The allegations represent a serious disregard for several protocols and procedures.  The court did infer that Pastore and CRNA Adkins were subjectively aware or should have been aware of the risk…

DAMAGES-NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

March 20th, 2019 by Rieders Travis in Damages

Damages in a Negligent Infliction of Emotional Distress Claim Murga v. Lehigh Valley Physicians Grp. 2018 Pa. Dist. & Cnty. Dec. LEXIS 3053 (November 26, 2018) Johnson, J.-Court would not grant partial summary judgment on negligent affliction of emotional distress claim. Plaintiff argued that NIED claims have evolved and broadened in Pennsylvania and that her NIED claims were appropriate under multiple theories of recovery including the duty of care arising from a special relationship, a physical impact theory and a bystander theory. The court distinguished between transitory, nonrecurring physical phenomena like fright as opposed to depression, nightmares, stress and anxiety. Plaintiff’s severe emotional and psychological injuries which were accompanied by physical injuries, pain and suffering are sufficient to satisfy the physical harm requirement.