Medical Malpractice
Our firm actively represents many medical professionals, including physicians, hospitals and health care providers, in medical malpractice litigation in Pennsylvania and New Jersey. Professionals and insurance companies have turned to us throughout the years for high quality representation in the defense of complex negligence claims. In both state and federal courts, the firm has an outstanding trial record. Success in this area is the result of our extensive contacts in the community, our abundant expert resources and the firm’s strong commitment to continued medical and legal training of its associates. Additionally, we have remained on the cutting edge of technological advances in both the office and courtroom settings. With the capability to electronically submit billing information and a variety of billing formats to meet client needs and specifications, we are able to successfully defend medical professionals of any nature with efficiency, as well as the highest degree of professionalism.
We served as liaison counsel for Pennsylvania plastic surgeons in the silicone gel breast implant litigation. In this capacity, the firm represented many plastic surgeons individually and coordinated national discovery efforts for defense attorneys state wide. We successfully defended the first such case ever tried in Pennsylvania. We were also extensively involved in the orthopedic bone screw (pedicle screw) litigation, and also successfully defended the first such case ever tried in Pennsylvania.
Our firm has developed a comprehensive network of highly specialized medical experts from many of the leading health care and teaching institutions across the country. Our extensive litigation experience has enabled us to develop an exhaustive expert data bank which allows our attorneys to retain experts whose credentials match the specific facts of each malpractice case. Whether the case calls for a pediatric neuroradiologist or a medical ethicist, the department is able to provide quality experts in the growing and ever changing environment of medicine and its subspecialties.
- The attorneys of the firm often give presentations in the area of professional liability defense, and have served as lecturers to medical professionals and attorney groups, both locally and state wide. Articles and presentations by members of the firm have covered such topics as the Peer Review Protection Act, the Health Care Services Malpractice Act and the interplay between health care providers and the strict liability provisions of Section 402A of the Restatement (Second) of Torts.
- Attorneys from the firm also serve as faculty members at the ABA National Institute on Medical Malpractice.
- The department is involved in the defense of mass tort cases and, in that capacity, is experienced in compiling and collating massive document productions.
- The department is also experienced in handling and litigating diverse insurance coverage issues and has extensive litigation experience concerning insurance company insolvencies.
Contact:
Carolyn M. Bohmueller
(610) 834-6254
(610) 834-1749 Fax
Click to Email
O'Brien & Ryan News
Defense Verdict in Philadelphia County Court of Common Pleas for Family Physician, Medical Technician, and Practice
Michael O. Pitt obtained a defense verdict in the Philadelphia County Court of Common Pleas for a family physician, her medical technician, and her practice. The defendant physician was the primary care doctor of the plaintiff husband, an avid bowler. Plaintiffs...
Defense Verdict for Otolaryngologist in Bucks County
Michael O. Pitt obtained a defense verdict in favor of an otolaryngologist following a five day jury trial in Bucks County, Pennsylvania. At issue was surgery to remove a polyp from the plaintiff's sphenoid sinus. Plaintiff had alleged that the surgery performed was...
Defense Verdict on Behalf of Surgical Oncologist in Philadelphia County
Marshall L. Schwartz and Brett M. Littman obtained a defense verdict in favor of a surgical oncologist in Philadelphia County. Plaintiff, who had previously been diagnosed with breast cancer, claimed that after undergoing a mastectomy and concurrent breast...
Defense Verdict at Trial On Behalf of Cardiologist in Philadelphia County
Daniel F. Ryan, III recently obtained a defense verdict at trial on behalf of a cardiologist in Philadelphia County, PA. Plaintiff's decedent was on anticoagulants for several years because of atrial fibrillation and was hospitalized for treatment of an infection....
Summary Judgment for Insurance Company in Declaratory Judgment Action
Anthony P. DeMichele obtained summary judgment for an insurance company in a coverage dispute involving one of its insureds. The insured, an attorney, was sued in two separate state court actions based upon his involvement in several real estate investments. In the...
Spotlight On: The New Rules for Health Care Decisions and Advance Heath Care Directives for Incompetent Patients
Act 169 of 2006, which provides a framework for making healthcare decisions on behalf of incompetent adult patients through advance health directives, went into effect on January 29, 2007. The Act allows physicians to initiate, continue, withdraw or withhold medical...
“Original Source” Exception Overcome by Focus on Documents’ Purpose in Peer Review Protection Act Analysis
An opinion from the Allegheny County Court of Common Pleas helped further shape the Peer Review Protection Act ("the Act") analysis by focusing on hospitals' efforts to improve the care they provide in ways that may not involve a traditional committee. In the...
IRS Simplifies Determination of Whether A Health Care Worker is Employee or Independent Contractor
The standards by which the IRS determines whether a worker is classified as an "employee" or an "independent contractor" have been modified. Prior to the modification which was made early in 2006, the IRS used a complex "20 factor" test, which proved difficult to use....
Eastern District of PA Dismisses Liability & Warranty Claims for Medical Device, Predicating Decision on State Lower Court Opinions
In its recent decision, Terrell v. Davol, Inc., et al., the Eastern District of Pennsylvania dismissed both a strict liability claim based on a manufacturing defect and a claim alleging a breach of the implied warranty of merchantability for a medical...
Philadelphia Judge Strikes Loss of Consortium Claim Raised by Same-Sex Couple
In an order issued July 25, 2013, a Philadelphia County Court of Common Pleas judge dismissed a loss of consortium claim raised in a medical malpractice case by a same-sex couple. The underlying case of Wolf v. Associates of Podiatric Medicine and...
Dan Ryan Serves as Panelist
Dan Ryan served as a panelist for How Super Lawyers Use ADR in Their Practice at the Civil Litigation Section Meeting in Philadelphia, PA on October 17, 2013.
OBR Supports PA Elks’ Home Nursing Program
O’Brien & Ryan, LLP was a Premier Sponsor for the Norristown Elks Lodge’s golf outing to raise funds for the Pennsylvania Elks’ Home Service Program. The Program involves services provided by registered nurses to persons with developmental disabilities. We were honored to have the opportuntity to participate and support this great cause.
Tracie Vizza is Faculty for CLE
On July 31, 2013, Tracie Vizza was part of the faculty for “How a Litigation Notebook Can Help You Win”, a CLE given by the Pennsylvania Bar Institute in Philadelphia, PA.
OBR Supports Child Advocacy
On July 27, 2013, attorneys Carolyn Bohmueller, Dorothy Duffy, Marshall Schwartz, Brett Littman, Tracie Vizza, and paralegal Brigid Wixted all participated in the 26th Annual “Run for the Hill of It” in Chestnut Hill, PA, the proceeds of which benefit the Montgomery Child Advocacy Project.
Heather Hansen is Course Planner for Dispute Resolution Institute
On July 23, 2013, Heather Hansen acted as a course planner for The Dispute Resolution Institute’s Depos-for P.I. Lawyers, at the Pennsylvania Convention Center in Philadelphia, PA.
Join Our Newsletter
Join our quarterly newsletter list for legal updates and firm news. Just enter your email below.