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 […]
Tag: medical malpractice
MEDICAL MALPRACTICE-MCARE ACT-SUBROGATION-WORKERS COMPENSATION
Griffis v. Workers’ Comp. Appeal Bd. (Albert Einstein Healthcare Network), 328 A.3d 538, LEXIS 846 (Pa. Commonwealth Ct., July 15, 2020) (J. Cohn Jubelirer) Judges: BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE ELLEN CEISLER, Judge (P.), HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge. The claimant appealed to this Court, asserting that the silence in Section 508 […]
MEDICAL MALPRACTICE-AUDIT TRAIL-ELECTRONIC MEDICAL RECORDS
Baker v. Geisinger Cnty. Med. Ctr., 2017 Pa. Dist. & Cnty. Dec. LEXIS 11277 (Lackawanna County Court of Common Pleas, April 7, 2017) (Nealon, J.) In this malpractice litigation against a hospital, the plaintiff has filed a motion to compel the hospital to produce the “audit trail” for her electronic medical records from the date […]
MEDICAL MALPRACTICE-DAMAGES-ZERO DAMAGE AWARD
Derbyshire v. Jefferson Frankford Hosp., 2024 Pa. Super. LEXIS 553 (PA Superior Ct., December 20, 2024)(Stabile, J.) OPINION BY STABILE, J.: Appellant, Carol Derbyshire f/k/a Prosper, appeals from a judgment entered against her and in favor of Appellee Aria Health1 in this personal injury action. Prior to trial, a motions judge struck Appellee’s answer to […]
MEDICAL MALPRACTICE-EXPERT WITNESSES-CUMULATIVE TESTIMONY-TREATING PHYSICIANS-OPINIONS FORMED AS PART OF THE TREATMENT
Appell. v. Abington, 2024 Pa. Super. LEXIS 541 (Pa. Super., December 13, 2024) (Stabile, J.) OPINION BY STABILE, J.: In this medical malpractice case, Alexander D. Kunkel appeals an order of the Court of Common Pleas of Montgomery County (trial court) denying his motion for post-trial relief. Kunkel received emergency medical care from Abington Memorial […]
MEDICAL MALPRACTICE-MENTAL HEALTH-MENTAL HEALTH PROCEDURES ACT-GROSS NEGLIGENCE
Toth v. Chambersburg Hospital, No. 208 MDA 2024 (Pa. Super, October 15, 2024)(Stevens, J.) Although Plaintiff never briefed the issue the Court did consider whether there was sufficient proof in discovery of willful misconduct of gross negligence from elderly person who wound up dying. The Plaintiff only found the Merek brief in advance of oral […]
MEDICAL MALPRACTICE-MENTAL HEALTH PROCEDURES ACT
Azaravich, L. v. Wilkes-Barre Hospital, Superior Court of Pennsylvania, decided June 5, 2024. Person was treated at a hospital for psychiatric problems. Two days after discharge, the patient hung himself with an electrical cord. A complaint was filed, and later an amended complaint – claiming that the treatment of the Decedent was grossly negligent and/or […]
MEDICAL MALPRACTICE-DISCONTINUANCE
Medical Malpractice-Discontinuance G.K. v. LaBella, 2024 U.S. LEXIS 240 (2024 Pa. Super. LEXIS 240) (Murray, J.) G.K. v. LaBella, Superior Court of Pennsylvania, decided June 10, 2024. This medical malpractice case was discontinued after discovery and when the case came up for trial. The question is whether the Orphan’s Court abuses discretion in granting a […]
MEDICAL MALPRACTICE-SUMMARY JUDGMENT-EXPERT REPORTS
Nigon v. Jewell, 2024 Pa. Super. LEXIS 128 (April 9, 2024) (Murray, J.). Leslie Nigon, individually and as administratrix of the Estate of Thomas A. Nigon, deceased (the estate), appeals from the entry of summary judgment in favor of Thomas J. Malvar, M.D., individually and as a general partner of Malvar & Associates; Maritoni Malvar, […]
MEDICAL MALPRACTICE-ESTOPPEL-JUDICIAL ESTOPPEL
N.T. v. Child.’s Hosp. of Phila., 2024 Pa. Super. LEXIS 19, 2024 WL 271430 (January 25, 2024) (Colins, J.). Judges: BEFORE: OLSON, J., STABILE, J., and COLINS, J. OPINION BY COLINS, J.: Appellant, N.T. (Minor), by and through Mary Jane Barrett, Esquire, guardian of her estate, appeals from an order of the Philadelphia County Court […]
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