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Pennsylvania Supreme Court Holds that MCARE Must Cover Shortfall of Physicians’ Primary Insurance
In an opinion filed on April 28, 2011, the Pennsylvania Supreme Court held that the MCARE Fund was obligated to cover a shortfall in a plaintiff’s award in a case involving multiple joint tortfeasors who were held jointly and severally liable. The underlying case at...
MCARE Not Liable For All Injuries Occurring in Hospitals
On January 4, 2011, the Commonwealth Court of Pennsylvania held in Polyclinic Medical Center v. Medical Care Availability and Reduction of Error Fund, that the Medical Care Availability and Reduction of Error Fund (MCARE) is not required to provide insurance...
Allegheny County Judge Vacates Jury’s Verdict in Med Mal Case “in the Interests of Justice”
A trial court judge in Allegheny County, Pennsylvania recently took the rare step of vacating a jury's verdict in favor of the defendant doctor following a medical malpractice trial. In her written opinion, Judge Judith L. A. Friedman stated that she granted the...
Superior Court Holds Statute of Limitations Bars Legal Malpractice Claim
A unanimous Pennsylvania Superior Court panel reversed a $3.28M legal malpractice verdict against an attorney where Plaintiff-Appelle failed to timely file his claims within the two-year statute of limitations. In the underlying matter in Lorenzo v. Milner v....
Commonwealth Court Rules that MCARE Fund has No Annual Limit for Extended Claims
In a three judge panel’s opinion filed on December 21, 2010, the Commonwealth Court in West Penn Allegheny Health System d/b/a Allegheny General Hospital v. Medical Care Availability and Reduction of Error Fund (MCARE) and Kiana Townes, by Tamara Blanchard,...
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