McAleer v. Geisinger Med. Ctr., 332 A.3d 38 (January 28, 2025) Panella, J. 332 A.3d 38 *; 2025 Pa. Super. LEXIS 45 **; 2025 PA Super 25; 2025 LX 46739 Subsequent History: Rehearing denied by McAleer v. Geisinger Med., 2025 Pa. Super. LEXIS 157 (Apr. 1, 2025) Appeal denied by McAleer v. Geisinger Med. Ctr., […]
Tag: medical malpractice
MEDICAL MALPRACTICE – IN-HOME CAREGIVER – NEGLIGENCE – LIFTING AND MOVING PATIENTS
Fisher v. Gingerich, 2025 Pa. Super. Unpub. LEXIS 2205 (August 27, 2025) Stevens, P.J.E. OPINION BY STEVENS, P.J.E. Plaintiffs/Appellants, Mary and Brett Fisher, (hereinafter “Appellants”) appeal from the order of the Court of Common Pleas of Perry County granting summary judgment in favor of Donna Gingerich, Defendant/Appellee, and dismissing the matter with prejudice. This case […]
MEDICAL MALPRACTICE – HOME HEALTH CARE – COVID-19 – PREP ACT – HOME HEALTH CARE WORKERS – IMMUNITY
Boyle v. Meyer, 2025 Pa. Super. LEXIS 410 (September 9, 2025) Lane, J. BEFORE: McLAUGHLIN, J., LANE, J., and BENDER, P.J.E. OPINION BY LANE, J. Judith Meyer (“Meyer”) and OSPTA @HOME, LLC d/b/a OSPTA Home Care & Hospice (“OSPTA”) (collectively, “Defendants”) appeals from the order denying their motion for judgment on the pleadings in this […]
MEDICAL MALPRACTICE – ASSISTED LIVING – REHAB FACILITY – RES IPSA – RECKLESS INDIFFERENCE – IMPUNITIVE DAMANGES
O’Shea v. Loyalsock Rehab. Ctr., LLC., 2025 Pa. Dist. & Cnty. Dec. LEXIS 57 (July 12, 2025) Carlucci, J. This matter was commenced by Plaintiff by her original Complaint filed January 27, 2023, in the Court of Common Pleas of Philadelphia County. Upon Preliminary Objection by Defendants, the matter was transferred to Lycoming County. Plaintiffs […]
MEDICAL MALPRACTICE – HEARSAY – ARTICLE
Hagelauer v. Main Line Emergency Med. Assocs., LLC, 2025 Pa. Super. LEXIS 237 (June 2, 2025) Panella, P.J.E. Kelly Hagelauer, administratrix of the estate of Stephan Patrice Hagelauer (“Mrs. Hagelauer”), appeals from the judgment entered in favor of Main Line Emergency Medicine Associates, LLC, and Stuart Brilliant, M.D., Main Line Hospitals, Inc. D/B/A Paoli Hospital […]
MEDICAL MALPRACTICE – DISCOVERY – PRIVILEGED MATERIALS – PEER REVIEW – PROCEDURE
Boyle v. Main Line Health, Inc., 2022 Pa. Super. Unpub. LEXIS 71 (July 17, 2025) King, J. OPINION BY KING, J.: Appellants, Main Line Health, Inc., Main Line Hospitals, Inc., Main Line HealthCare, and Scott Bailey, M.D. (collectively, “Main Line Defendants”), appeal from the order entered in the Montgomery County Court of Common Pleas, which […]
MEDICAL MALPRACTICE – VICARIOUS LIABILITY – AGENTS – INCREASED RISK OF HARM – JURY SLIP – CEREBRAL PALSY
Hagans v. Hosp. of the Univ. of Pa., 2025 Pa. Super. LEXIS 302 (July 10, 2025) McLaughlin, J. Hospital of the University of Pennsylvania (“HUP”) appeals from the judgment entered in favor of Dajah Hagans (“Plaintiff” or “D.H.”), as parent and natural guardian of J.H., and against it. HUP alleges the trial court erred in […]
PROCEDURE – VENUE – MEDICAL MALPRACTICE – FORUM SELECTION CLAUSE
Somerlot v. Jung, 2025 Pa. Super. LEXIS 348 (July 30, 2025) Kunselman, J. “When performance of a duty under a contract is due, any nonperformance is a breach.” Restatement (Second) of Contracts § 235(2). Pennsylvania contract law could not be more clear. See Camenisch v. Allen, 158 Pa. Super. 174, 44 A.2d 309, 310 (Pa. […]
MEDICAL MALPRACTICE – DENTAL MALPRACTICE
Heffelfinger v. DDS, 2025 Pa. Super. LEXIS 332 (July 21, 2025) Stevens, P.J.E. Linda Chen, DDS (“Dr. Shen”), Shen Smiles, PC, and Drums Dental Lab, LLC, appeal from the April 30, 2024, judgment entered on the jury verdict in favor of Appellee, Mary Heffelfinger, and jointly against Appellants, in the total amount of $11,459,513.69. After […]
MEDICAL MALPRACTICE-MENTAL HEALTH-SELF SUBMISSION-MENTAL HEALTH PROCEDURES ACT
Matos v. Geisinger Med. Ctr., 2025 Pa. LEXIS 599 (Pa. Supreme Ct., April 25, 2025) (Todd, J.) CHIEF JUSTICE TODD In this consolidated appeal, our Court is asked to decide whether our decision in Leight v. UPMC, 664 Pa. 60, 243 A.3d 126 (Pa. 2020) (“Leight II”), bars a suit by a third party under […]