MEDICAL MALPRACTICE-CORPORATE NEGLIGENCE-EXPERT REPORT

July 3rd, 2018 by Rieders Travis in Medical Malpractice

Barnhill v. Storm, 2018 Phila. Ct. Com. Pl. LEXIS 35 (June 1, 2018) Massiah-Jackson, J.  Defendant Children’s Hospital of Philadelphia (“CHOP”) filed a motion for partial summary judgment on the issue of corporate negligence.  First, the defendant asserted that the expert report submitted by plaintiff Barnhill was based on speculation and conjecture and was inadmissible.  Further, CHOP asserted that the negligence, if any, claimed by plaintiff was a decision made by co-defnedant Philip B. Storm, MD to surgically resect into Ms. Barnhill’s brain on December 15, 2014, without the use of intraoperative angiography.  Thus, CHOP claimed that the defendant hospital was not directly/corporately negligent for an independent action by the physician.

After careful consideration of the issues presented, it was apparent that material facts were in dispute; that insufficient evidence existed to make out a prima facie case; and, there was sufficient evidence where a jury might find in favor of the non-moving party.  The court was unable to conclude that summary judgment was appropriate as a matter of law.

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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