Anticoagulation therapy and Corporate Negligence

June 8th, 2018 by Rieders Travis in Medical Malpractice

Gintoff v. Thomas, et al., No. 16 CV 2155 (C.P. Lackawanna May 4, 2018) Nealon, J. In this medical professional liability action alleging negligent prescription and monitoring of anticoagulation therapy that caused a right occipital hemorrhage which warranted an emergency craniotomy and resulted in permanent harm, the defendant-hospital has filed a motion for summary judgment seeking to dismiss plaintiffs’ claims for vicarious liability and corporate negligence on the ground that they are not supported by the requisite expert opinion establishing a triable issue of fact as to a deviation from the applicable standard of care and a causal connection between that deviation and the harm claimed.  The sole liability report produced by plaintiffs contains opinions from a hematology expert only as to the causal negligence of the co-defendant hematologist.  Plaintiffs’ hematology expert does not criticize the care provided by any hospital personnel, and plaintiffs previously stipulated that the co-defendant hematologist was not an actual or ostensible agent for whom the hospital could be found vicariously liable.  Nor does the hematologist’s expert report offer any opinion or evidentiary support for an institutional negligence claim against the hospital. Even when the summary judgment record is examined in a light most favorable to plaintiffs as the non-moving parties, it lacks sufficient expert opinion to establish a prima facie claim for vicarious liability or corporate negligence on the part of the hospital, as a result of which the hospital’s motion for summary judgment will be granted.

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]

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