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Tag: medical malpractice

Tag: medical malpractice

FEDERAL TORT CLAIMS ACT – FERES DOCTRINE – MEDICAL MALPRACTICE – MILITARY CLAIMS ACT – CIVILIAN GOVERNMENT EMPLOYEE – DRIVING A GOVERNMENT VEHICLE

Posted on November 24, 2025 - 12:28 pm by

Beck v. United States, 2025 U.S. LEXIS 4480 (November 24, 2025) Judges: Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, Jackson. This case is a discussion of the petition of writ of Certiorari which was denied. Justice Gorsuch would grant the petition. Justice Sotomayor wrote a short decision. She notes that as her colleagues explain, […]

MEDICAL MALPRACTICE – MENTAL HEALTH PROCEDURES ACT – “TREATED”

Posted on November 12, 2025 - 11:05 am by

Wunderly v. Saint Luke’s Hosp. of Bethlehem, 2025 Pa. LEXIS 1707 (October 23, 2025) Mundy, J. Section 114 of the Mental Health Procedures Act (“MHPA”) provides protection, absent willful misconduct or gross negligence, from civil and criminal liability to institutions and individuals “who participate[] in a decision that a person be examined or treated” under […]

PROCEDURE – PLEADING – SPECIFICITY – MED MALPRACTICE – CORPORATE LIABILITY – AGENCY – REGULATIONS

Posted on October 22, 2025 - 2:40 pm by

Dawes vs. The Williamsport Home (June 6, 2025) Carlucci, J. NO. 2025-00381 Plaintiffs’ Complaint, filed March 19, 2025, is 85 paragraphs long, and asserts claims in four (4) counts. The gravamen of Plaintiffs’ claim is that Ronald Dawes received negligent care from the Defendant regarding his thoracic surgical wound. At Count I, Plaintiffs assert a […]

MEDICAL MALPRACTICE – PROCEDURE – TRIAL ISSUES – EVIDENCE – LEARNED TREATISE – TREATING PHYSICIAN

Posted on October 22, 2025 - 2:23 pm by

Outterbridge v. Abington Mem’l Hosp., 2025 Phila. Ct. Com. Pl. LEXIS 4 (September 12, 2024) Foglietta, J. Opinion by Judge Angelo J. Foglietta. This is the appeal of Plaintiff Darren Outterbridge, individually and as administrator of the estate of Yhvetta P. Outterbridge, following a jury’s determination that Defendants Abington Memorial Hospital, Suzanne Shorten, M.D., Kenneth […]

MEDICAL MALPRACTICE – IN-HOME CAREGIVER – NEGLIGENCE – LIFTING AND MOVING PATIENTS

Posted on September 15, 2025 - 10:12 am by

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

Posted on September 11, 2025 - 3:55 pm by

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

Posted on August 22, 2025 - 1:14 pm by

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

Posted on August 20, 2025 - 4:06 pm by

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

Posted on August 19, 2025 - 2:08 pm by

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 […]