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Tag: medical malpractice

MEDICAL MALPRACTICE – DENTAL MALPRACTICE

Heffelfinger v. DDS, 2025 Pa. Super. LEXIS 332 (July 21, 2025) Stevens, P.J.E. Linda Chen, DDS (“Dr. Shen”), Shen Smiles, PC, and Drums Dental Lab, LLC, appeal from the April 30, 2024, judgment entered on the jury verdict in favor of Appellee, Mary Heffelfinger, and jointly against Appellants, in the total amount of $11,459,513.69. After […]

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-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 […]