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Weekly Caselaw Updates

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Haviland v. Lourdes Med. Ctr. of Burlington Cty., Inc.

The New Jersey Supreme Court addressed the issue of whether a plaintiff must submit an affidavit of merit (AOM) in support of a vicarious liability claim against a licensed entity based on the alleged negligent conduct of an employee who is not a “licensed person” under the AOM statute. The…

Haviland v. Lourdes Med. Ctr. of Burlington Cty., Inc.
New Jersey Supreme Court

The New Jersey Supreme Court addressed the issue of whether a plaintiff must submit an affidavit of merit (AOM) in support of a vicarious liability claim against a licensed entity based on the alleged negligent conduct of an employee who is not a “licensed person” under the AOM statute. The plaintiff claimed that an unnamed… Continue reading Haviland v. Lourdes Med. Ctr. of Burlington Cty., Inc.

The New Jersey Appellate Division reversed the trial court’s grant of summary judgment. Plaintiff sued Defendant-appellants alleging medical negligence and vicarious liability for the negligent acts of their agents or employees. Three months before the discovery deadline, Plaintiff moved to file a third amended complaint to assert seven new counts alleging causes of action for breach… Continue reading Labega v. Joshi

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.