Cliff Rieders’ Role in the History of the Pennsylvania Patient Safety Authority

May 22nd, 2020 by Rieders Travis in Medical Malpractice

Supreme Court Building | Medical Malpractice Lawyer
The Pennsylvania Patient Safety Authority (PSA) is a world-renowned, independent state agency collecting information on patient safety from Pennsylvania healthcare facilities, which was intended to make state residents safer. Mr. Rieders was the President of the Trial Lawyers in Pennsylvania the year the law creating the PSA was debated. He was also part of the negotiating team in connection with the legislation which led to the creation of the Patient Safety Authority. The agency analyzes serious events and incidents. Serious events must also be reported to the Department of Health and to the family or relevant relatives. Incidents are not reported to the family, unfortunately, but they are utilize to detect any dangerous trend going on in the healthcare field or to determine if a single instance might be repeated and threaten patients’ health. Liaisons in the field are supposed to be giving feedback to hospitals and to regions in connection with incidents. The legislation also provides that the Patient Safety Authority can report infrastructure failures to the Department of Health. The Patient Safety Authority communicates information in multiple ways to healthcare providers. It has also taken some steps in…

What is the statute of limitation for medical malpractice in PA?

December 3rd, 2019 by Rieders Travis in Medical Malpractice

The statute of limitation for medical malpractice in Pennsylvania is generally two years from the date the cause of action accrues. In some cases, the cause of action accrues when the medical care is rendered, such as a surgical date. However, there are many other circumstances in which the statute of limitations could begin to run later.  Pennsylvania’s 7-year statute of repose was recently held unconstitutional by the Pennsylvania Supreme Court. In certain circumstances, a “tolling” will apply. This may occur, for example, in cases of fraud or where a reasonably diligent patient could not have discovered the relationship between the medical care and the harm suffered within the two (2) years. In those circumstances, the statute of limitations would begin to run when such discovery can or should have taken place. Again, this is a very complex field and is factually intensive.  Minors do not have to begin an action for medical malpractice until two (2) years after reaching the age of majority. According to Pennsylvania law, medical malpractice occurs when a healthcare professional commits medical negligence by violating the generally accepted standard of care. The resulting injury must have been directly caused by the professional’s actions…

How Long Do You Have to Sue for Medical Malpractice in PA?

November 15th, 2019 by Rieders Travis in Medical Malpractice

There is a time limit to sue for medical malpractice in Pennsylvania. It is two years after you knew or reasonably should have known about the medical error that caused injury or death. This time limit is called a statute of limitations. The statute of limitations is set by the Mcare Act in Pennsylvania. There are occasions when the statute of limitations can be “tolled” based upon circumstances such as fraud or the inability of a reasonably diligent patient to know the relationship between the medical care received and the harm. This is a very difficult test, which has been written about by Cliff Rieders in his text, Medical Malpractice. This book is used by most judges and lawyers in the state. Cliff Rieders was also involved in the writing of the Mcare Act, and was President of the Pennsylvania Trial Lawyers Association, now the Pennsylvania Association for Justice, when the law was negotiated and passed. In addition to the statute of limitations, there are other laws that you need to consider if you are wondering whether you can sue. Since medical malpractice law is so complicated and the time to file…

Medical Malpractice

July 23rd, 2019 by Rieders Travis in Medical Malpractice

MEDICAL MALPRACTICE-MENTAL HEALTH PROCEDURES ACT-IMMUNITY-DRUG DETOXIFICATION TREATMENT Dean v. Bowling Green-Brandywine, 2020 Pa. LEXIS 1070 (S. Ct. February 19, 2020) Dougherty, J. In this discretionary appeal, we consider the scope and application of the qualified immunity provided under Section 114 of the Mental Health Procedures Act (MHPA), 50 P.S. §§7101-7503. We conclude the Superior Court erred in affirming entry of a compulsory nonsuit and hold immunity does not apply under circumstances where: (1) [J-79-2019] - 2 the patient was admitted for and primarily received drug detoxification treatment; and (2) the patient did not receive treatment to facilitate recovery from a mental illness. Consequently, we reverse and remand for further proceedings. Andrew’s parents, Melissa Dean and Clifton Edward Johnson, as administrators of Andrew’s estate and in their individual capacities (appellants), filed a complaint in the Chester County Court of Common Pleas against appellees Brandywine, Drs. Kahn, Rana, Duncklee, and Plumb, and Jennersville, raising medical malpractice, wrongful death and survival claims. Specifically, appellants alleged Andrew died of a cardiac arrhythmia due to the combination of medications prescribed during treatment at Brandywine, and that his death was the result of medical negligence including…