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Weekly Caselaw Updates

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Lageman v. Zepp

The plaintiff was injured during surgery and sued her anesthesiologist. The trial court instructed the jury on direct and circumstantial evidence but declined the plaintiff's request to instruct the jury on res ipsa loquitur. The jury returned a defense verdict. The plaintiff appealed and the Pennsylvania Supreme Court had to…

Lageman v. Zepp
Pennsylvania Supreme Court

The plaintiff was injured during surgery and sued her anesthesiologist. The trial court instructed the jury on direct and circumstantial evidence but declined the plaintiff’s request to instruct the jury on res ipsa loquitur. The jury returned a defense verdict. The plaintiff appealed and the Pennsylvania Supreme Court had to decide whether a plaintiff may… Continue reading Lageman v. Zepp

Bisher v. Lehigh Valley Health Network, Inc.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court reversed the Superior Court, which held that the trial court did not have subject matter jurisdiction over the plaintiffs’ claims. Following the death of their son, Brenton Bisher and Carla Bisher sued, without representation by counsel, against eleven defendants comprising both named individuals and corporate entities alleging their medical malpractice resulting… Continue reading Bisher v. Lehigh Valley Health Network, Inc.

Leadbitter v. Keystone Anesthesia Consultants, Ltd.
Pennsylvania Supreme Court

In this medical negligence action, the Pennsylvania Supreme Court addressed whether certain portions of a hospital’s credentialing file for the doctor who performed a patient’s surgery are protected from discovery. After the plaintiff suffered injuries related to complications from surgery, he claimed that the hospital’s credentialing and privileging process was inadequate and that it knew… Continue reading Leadbitter v. Keystone Anesthesia Consultants, Ltd.

Mazzie v. Lehigh Valley Hosp.
Pennsylvania Superior Court

In Mazzie v. Lehigh Valley Hosp., the defendants in a medical negligence matter appealed after a jury found in favor of the plaintiffs. The defendants claimed that they should have been awarded a JNOV because the plaintiff’s expert did not testify “to a reasonable degree of medical certainty” that the defendants’ actions caused the injury.… Continue reading Mazzie v. Lehigh Valley Hosp.

Povrzenwich v. Ripepi
Pennsylvania Superior Court

In Povrzenwich v. Ripepi, a medical malpractice suit, Plaintiff appealed the judgment entered in her favor. Plaintiff, the verdict winner below, contended that she was entitled to a new trial limited to damages because the trial court erroneously precluded the testimony of her expert life care planner, a nurse, as to Plaintiff’s future medical expenses.… Continue reading Povrzenwich v. Ripepi

Dockery v. Thomas Jefferson Univ. Hospitals, Inc.
Pennsylvania Superior Court

In Dockery v. Thomas Jefferson Univ. Hospitals, Inc., Ms. Dockery filed a medical-malpractice action in Philadelphia, although she alleged the underlying tortious conduct occurred in Delaware Co. The trial court sustained the defendants’ preliminary objections and transferred the case to Delaware Co. This permissible, interlocutory appeal of the order transferring venue followed. The appeal revolved… Continue reading Dockery v. Thomas Jefferson Univ. Hospitals, Inc.

Clark v. Nenna arose out of a surgical procedure that the defendant performed on the plaintiff. The plaintiff alleged emotional distress caused by the defendant’s professional negligence, i.e., failure to remove surgical washers from the plaintiff’s leg. The plaintiff did not allege that the defendant’s conduct was intentional or willful. The nature of the plaintiff’s… Continue reading Clark v. Nenna

A.A. v. Glicken
Pennsylvania Superior Court

In A.A. v. Glicken, the Superior Court held that, because Glicken did not show “good cause,” the trial court did not abuse its discretion in the denial of an uncontested motion to seal. 

McNellis-Wallace v. Hoffman
New Jersey Appellate Division

The Appellate Division ruled in McNellis-Wallace v. Hoffman that a malpractice attorney could not sustain a claim against successor attorneys for contribution and indemnification where the original attorney negligently failed to serve proper 90-day notice against a public employee under the state’s Tort’s Claim Act.

Reibenstein v. Barax
Pennsylvania Superior Court

The Superior Court reversed the trial court’s order, which granted summary judgment, ruling that the plaintiff was entitled to equitable tolling of the statute of limitations based on an “affirmative misrepresentation or fraudulent concealment of the cause of death.”