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, […]
Tag: medical malpractice
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 […]
MEDICAL MALPRACTICE-CORPORATE NEGLIGENCE
Corey v. Wilkes-Barre Hosp. Co., LLC, 2023 Pa. Super. LEXIS 595, 2023 WL 8534618 (December 11, 2023) (King, J.). Appellant, Lesley Corey, as administratrix of the estate of Joseph Corey, and Lesley Corey, in her own right, appeals from the judgment entered in the Luzerne County Court of Common Pleas, in favor of Appellee, Wilkes-Barre […]
MEDICAL MALPRACTICE-NO FELONY CONVICTION RECOVERY RULE
Dinardo v. Kohler, 2023 Pa. LEXIS 1583, 2023 WL 8102948 (S. Ct. November 22, 2023) (Todd, C.J.) Cosmo DiNardo (“DiNardo”), who suffers from various mental infirmities, confessed to killing four individuals, and pleaded guilty to four counts of first-degree murder. He subsequently filed a complaint against his treating psychiatrist and health care providers, claiming that […]
MEDICAL MALPRACTICE-THIRD PARTY LIABILITY
Ritz v. Ramsay, 2023 Pa. Super. LEXIS 540 (November 14, 2023) (Stabile, J.). Appellants, Jeffrey A. Ritz, as executor of the estate of Joseph H. Cummins (the “Decedent”), and Jolene L. Cummins, appeal from the August 9, 2022 order sustaining the preliminary objections of Appellees RHJ Medical Center, Inc. (“RHJ”), Denise L. Shinsky, Keri A. […]
MEDICAL MALPRACTICE-ALTERED MEDICAL RECORDS
Hutchinson v. Verstraeten, 2023 Pa. Super. LEXIS 528, 2023 WL 7381470 (November 8, 2023) (Kunselman, J.). Brenda and Douglas Hutchinson appeal from the judgment entered on the jury’s defense verdict in favor of Dr. Thierry C. Verstraeten, M.D.; E. Ronald Salvitti, M.D., Inc.; and Allegheny Ophthalmic & Orbital Associates, P.C. (“the Eye Clinic”). The Hutchinsons […]
MEDICAL MALPRACTICE-NEGLIGENCE
Sinoracki v. Children’s Serv. Ctr. of Wyo. Valley, 2023 Pa. Super. LEXIS 411 (September 19, 2023) (Murray, J.) At a young age, Z.H. was diagnosed with an inoperable arteriovenous malformation (“AVM”) in the left occipital region of his brain. An AVM is an abnormal tangle of arteries and veins that can develop in the brain […]
MEDICAL MALPRACTICE-MCARE ACT-WHISTLEBLOWER IDENTIFICATION
Betz v. UPMC Pinnacle W. Shore Hosp., 2023 Pa. Super. LEXIS 401, 2023 WL 5965065 (September 14, 2023) (Bowes, J.) UPMC Pinnacle West Shore Hospital (“the Hospital”) appeals from the order that granted the motion of Jane Betz (“Plaintiff”), directing the Hospital to take reasonable efforts to identify the author of an anonymous report concerning […]
MEDICAL MALPRACTICE-PEER REVIEW-MCARE-SECTION 311 OF MCARE ACT
Ford-Bey v. Prof’l Anethesia Servs., 2023 Pa. Super. LEXIS 398 (September 12, 2023) (Sullivan, J.) Ms. Ford-Bey underwent wrist surgery at Hospital. Shortly after the surgery, Ms. Ford-Bey suffered cardiac and respiratory failures that required her transfer to another facility for further care. A nurse internally reported the incident pursuant to Hospital’s “Sentinel Event Policy”. […]
MEDICAL MALPRACTICE-SUBPOENAS-MEDICAL RECORDS-10-YEAR REQUIREMENT
Rotella v. Community Medical Center, Pa. No. 22 CV 3943 (C.P. Lackawanna June 9, 2023) (Nealon, J.) Defendant sought medical records in connection with a claim of medical malpractice concerning diagnosis and treatment which was said to be negligent, leading to compartment syndrome that resulted in permanent injuries. This was a question of damages as […]