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Tag: medical malpractice

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 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-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. […]