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 […]
Tag: medical malpractice
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 […]
MEDICAL MALPRACTICE-RES IPSA LOQUITUR-INJURY
Schneider v. Community Options (Allentown), Pa. No. 2017-C-1144 (C.P. Lehigh December 8, 2022) (Caffrey, J.). This case involves somebody being transported who had Downs Syndrome. According to plaintiff, a fracture of the type which occurred here only occurs from severe force or a fall from great heights. The plaintiff was 47 years of age, diagnosed […]
MEDICAL MALPRACTICE-CORPORATE NEGLIGENCE
Young v. UPMC Williamsport, Pa. No. CV-22-00866 (C.P. Lycoming (April 11, 2023) (Linhardt, J.). Plaintiff commenced this medical malpractice action by filing a Complaint on September 1, 2022, and filed an Amended Complaint on December 6, 2022. Essentially, Plaintiff alleges that UPMC’s delay in diagnosing and addressing the cause of his gastrointestinal symptoms increased his […]
MEDICAL MALPRACTICE-MENTAL HEALTH PROCEDURES ACT-WRITTEN APPLICATION-WILLFUL MISCONDUCT OR GROSS NEGLIGENCE
Matos v. Geisinger Med. Ctr., 2023 Pa. Super. LEXIS 90 (March 10, 2023) (Stabile, J.) In these interlocutory appeals by permission, which we consolidate under Pa.R.A.P. 513, Appellants, Geisinger Medical Center, Alley Medical Center, and individuals employed by these entities, seek review of the trial court’s refusal to grant them summary judgment in an action […]
MEDICAL MALPRACTICE-ADMITTED LIABILITY-CAUSATION-EVIDENCE OF REMARRIAGE-SPECIFIC MANNER OF DEATH
Cusick v. Adams, et al., Pa. No. CV-19-00058 (C.P. Lycoming January 30, 2023) (Linhardt, J.). Plaintiff maintains that allowing Dr. Rao to testify in accordance with the 2022 Rao Report would necessarily downplay Defendants’ negligence or causation. Plaintiff’s argument proceeds, essentially, as follows: 1) Dr. Rao fails to acknowledge the esophageal intubation; 2) Dr. Rao […]
MEDICAL MALPRACTICE-COVID-19-NURSING HOME
Testa v. Broomall Operating Co., L.P., 2022 U.S. Dist. LEXIS 147856 (E.D. Pa. August 18, 2022) (Marston, J.) Testa claims that Broomall’s failure adequately to prepare for pandemic and negligence in caring for elderly patients in the early days of the COVID-19 pandemic proximately caused Ms. DeMarco’s death. Before the court was Broomall’s motion to […]
MEDICAL MALPRACTICE-CORPORATE LIABILITY-SEXUAL MISCONDUCT
Cuneo v. UPMC, Pa. Civil No. 21-0717 (C.P. Lycoming March 3, 2022) (Linhardt, J.) This case involved sexual misconduct by a UPMC employee who was subsequently fired for his treatment of a patient. Plaintiff’s certificate of merit filed against corporate defendants is insufficient to support a corporate negligence claim. The court holds plaintiff has not […]
MEDICAL MALPRACTICE-IMMUNITY-PREEMPTION-PUBLIC READINESS AND EMERGENCY PREPAREDNESS ACT
Battista v. Broomall Operating Co. LP, 2022 U.S. Dist. LEXIS 97332 (E.D. Pa. June 1, 2022) (McHugh, J.) These actions, consolidated by consent for pretrial purposes only, arise out of injuries and fatalities related to the COVID-19 pandemic. Defendants—a nursing home, its employees, and related entities—removed the cases to federal court following a strategy apparently […]