HEALTH CARE LAW
O’Brien & Ryan, LLP represents a broad spectrum of health care clients including physicians, physicians’ practices, hospitals, nursing homes, assisted living facilities, and diagnostic laboratories. The Health Care Department at O’Brien & Ryan, LLP assists clients with regulatory issues including transactional, certificate of need approvals, as well as Medicare and Medicaid reimbursement issues. Additionally, the Health Care Department represents clients regarding compliance with the Stark Act and HIPAA, as well as other state and federal regulations. This department has also assisted in the drafting of medical staff by-laws, physician credentialing, and disciplinary matters. We also represent clients in employment matters, including termination issues, hiring practices and litigation.
Contact:
Marshall L. Schwartz
(610) 834-6294 (610) 834-1749 Fax
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O'Brien & Ryan News
Defense Verdict on Behalf of Obstetrician
Heather Hansen recently obtained a defense verdict on behalf of an obstetrician in Philadelphia. In this case, Plaintiffs alleged negligence in relation to labor and delivery at a Philadelphia hospital. Plaintiffs claimed that the defendant failed to recognize and...
Defense Verdict on Behalf of Emergency Room Physician
Michael O. Pitt recently obtained a defense verdict on behalf of an emergency room physician in a nine day jury trial involving allegations of a failure to diagnose an epidural abscess. This case involved a patient who presented to the emergency department with...
Defense Verdict in Favor of Orthopedic Surgeon
Heather Hansen and Paul E. Peel recently obtained a defense verdict in favor of an orthopedic surgeon in a medical malpractice action in Delaware County. Plaintiffs' allegations of negligence related to the care rendered following the performance of a total knee...
Defense Verdict on Behalf of Surgeon and Hospital
Marshall L. Schwartz and Brett M. Littman recently obtained a verdict on behalf of a surgeon and hospital in a four day jury trial involving allegations of negligence in the performance of a laparoscopic hernia repair. This case involved a patient who first underwent...
Defense Verdict on Behalf of Thoracic Surgeon
Marshall L. Schwartz and Brett M. Littman recently obtained a defense verdict in a medical malpractice case on behalf of a thoracic surgeon and hospital following a six-day jury trial. In June 2008, after being diagnosed with lung cancer, the patient presented for...
Pennsylvania House of Representatives Approves Punitive Damages Cap in Nursing Home Cases
The Pennsylvania House of Representatives recently approved an amendment to the Medical Care Availability and Reduction of Error (MCARE) Act, which would limit the amount of punitive damages that could be awarded in lawsuits involving medical malpractice in nursing...
UPDATE – Superior Court Clarifies Ruling Regarding Third-Party Beneficiaries of Physician-Patient Relationship
The following is an update to an earlier posting, found HERE. In an unreported memorandum opinion, Judge J. Brian Johnson denied a defendant physician’s motion for summary judgment and found that the defendant physician owed a duty of care to a non-patient where...
Discovery Rule in New Jersey Does Not Toll Statute of Limitations Pending Review of the Medical Records
The New Jersey Supreme Court recently held that the discovery rule – which can delay the accrual date of a medical malpractice action until a party discovers or should have discovered an actionable claim – is not a license for plaintiff's attorneys to endlessly search...
Court Says Skilled Nursing Care Centers Not “Purely Public Charities”; Upholds Decision Revoking Tax Exempt Status
In the case of Menno Haven, Inc. v. The Franklin County Board of Assessment and Revision of Taxes, No. 1051 C.D. 2006 (Pa. Cmwlth. 2007) two skilled nursing care centers lost their tax exempt status because they did not function as purely public charities. Menno...
PA Superior Court Rules on Informed Consent and Jury Selection
In Shinal v. Toms, 2015 Pa. Super. 178 (Aug. 25, 2015), The Pennsylvania Superior Court affirmed the trial court’s decision not to strike four prospective jurors for cause based on their relationship with defendant medical facilities because...
Dan Ryan presents at 2018 Health Law Institute
On March 13-14, 2018, Dan Ryan presented Informed Consent After Shinal, discussing the significant decision by the Pennsylvania Supreme Court, for the 2018 Health Law Institute, held in Philadelphia.
Heather Hansen inducted into the American College of Trial Lawyers
O’Brien & Ryan is pleased to announce that Heather Hansen has been named to the American College of Trial Lawyers. The American College of Trial Lawyers is recognized as the preeminent organization of trial lawyers in North America, dedicated to maintaining and improving the standards of trial practice, professionalism, ethics and the administration of justice. Fellowship is by invitation only, and trial lawyers are invited to become Fellows only after an extremely careful vetting process.
Heather Hansen to Speak at Healthcare Technology Conference
On March 6, 2018, Heather Hansen will present Lessons from Lawsuits: How to Use Health IT to Avoid Being Sued and Improve Healthcare Teams at the HIMSS Conference & Exhibition in Las Vegas, Nevada. Her presentation at the annual Health IT conference will highlight the humanity in patient care / engagement, and using it in tandem with technology to allow healthcare teams to reach their highest potential.
Dan Ryan is Panelist for PBI
On December 5, 2017, Dan Ryan participated as a panelist for Lights, Camera, Evidence!, a course outlining the rules of Pennsylvania evidence for the Pennsylvania Bar Institute in Philadelphia.
Dan Ryan Named to International Academy of Trial Lawyers
O’Brien & Ryan is pleased to announce that Dan Ryan has been named to the International Academy of Trial Lawyers. The Academy is a group of truly elite trial lawyers representing both sides of the Bar: prosecutors and defense lawyers in criminal cases, and plaintiffs’ and defense counsel in civil litigation. While the majority of the Fellows come from the U.S., the Academy includes lawyers from more than 30 countries. Fellowship is by invitation only, and trial lawyers are invited to become Fellows only after an extremely careful vetting process.
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