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
Successful Defense of Attorney and Firm at Arbitration
Anthony P. DeMichele successfully defended an attorney and his firm at arbitration in a matter involving claims of professional negligence. The plaintiff was a musician and music producer who claimed that he entered into a contract with a legendary music artist to...
Successful Defense of MRI Facility & Technologist at Arbitration
Anthony P. DeMichele successfully defended an MRI facility and one of its technologists at arbitration in a matter involving claims of professional negligence. Plaintiffs were husband and wife and claimed that the husband was injured when he fell from a MRI table...
UPDATE: Summary Judgment Upheld for Attorney & Firm in Legal Malpractice Action
Anthony P. DeMichele and Jeffrey P. Brien recently obtained summary judgment for an attorney and law firm in a legal malpractice action venued in the Court of Common Pleas of Philadelphia County. The Order dismissing all claims against the Firm's clients was entered...
Favorable Ruling from District Court in Bad Faith Action on Behalf of Insurance Company
Judge Eduardo C. Robreno of the United States District Court for the Eastern District of Pennsylvania recently ruled for an insurance company represented by Dan Ryan in a breach of contract and bad faith action. The insurance company had previously denied coverage to...
Dismissal of All Claims for Kidney Transplant Team in New Jersey
UPDATE: Third Circuit Upholds Dismissal on Appeal (See below) O’Brien & Ryan attorneys Dan Ryan and Anthony P. DeMichele obtained a dismissal of all claims lodged against a kidney transplant team in New Jersey federal court. The plaintiff had received a...
Peer Reviews Initiated by Insurers Not Privileged
A three judge panel upheld a Lackawanna County Court of Common Pleas ruling that the Pennsylvania Peer Review Protection Act’s (“PRPA”) privilege provision only applies to peer reviews initiated by a professional health care provider. A medical peer review...
Hospital Board Minutes Privileged in MedMal Case
A three judge panel overturned an Allegheny County Court of Common Pleas ruling that the minutes of a board meeting conducted following a tainted kidney transplant were discoverable. The panel remanded the decision for in camera review for the trial court to...
Nurse’s Incident Report Not Barred from Discovery in Med-Mal Case
The Allegheny County Court of Common Pleas has held that an incident report completed by a charge nurse is not barred from discovery under the MCARE Act. The court's decision is among other recent trial court decisions regarding the growing body of case law that has...
PA Superior Court Allows Vicarious and Corporate Liability Claims to Proceed Despite Unnamed Agents
The Pennsylvania Superior Court recently overruled a trial court decision to sustain preliminary objections, and allowed a plaintiff to proceed with vicarious liability and corporate negligence claims against a Philadelphia hospital. In doing so, the three-judge panel...
UPDATE: Supreme Court Rejects Bright Line Ban of Informed Consent Evidence
The Pennsylvania Supreme Court recently declined to follow the Superior Court’s November 2013 prescription for a blanket prohibition of evidence of informed consent in medical malpractice cases. In doing so, however, the Supreme Court affirmed the long held...
St. Genevieve School’s Annual Golf Outing
On October 3, 2016, O’Brien & Ryan, LLP was proud to sponsor the St. Genevieve School’s annual golf outing, with proceeds going to upgrade the facility’s science and technology equipment.
Dan Ryan Speaks at State Judges’ Conference
Dan Ryan spoke at the Annual Conference of Pennsylvania State Trial Judges in Hershey, PA in July, 2016 on the subject of current trends and recent developments in medical malpractice litigation.
9 Attorneys Selected to 2016 Pennsylvania Super Lawyers
Each year, on a state-by-state basis, Super Lawyers selects attorneys using peer nominations and evaluations along with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement, and those selected represent the top five percent of the total lawyers in each state.
OBR Sponsors Einstein Cancer Program
On May 17, 2014, O’Brien & Ryan, LLP participated as a Course Sponsor for Einstein Medical Center Montgomerey’s Walk Through The Park, at scenic Norristown Farm Park. The walk raised over $28,000 in support of the hospital’s Cancer Program.
Anthony DeMichele is Panelist for IADC
Anthony P. DeMichele served as a panelist for the International Association of Defense Counsel’s 2016 Professional Liability Roundtable, held on May 12, 2016, in Chicago, IL.
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