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 Favor of Orthopaedic Surgeon in Montgomery County
Marshall L. Schwartz obtained a defense verdict in favor of an orthopaedic surgeon following a six day trial in Montgomery County. The plaintiffs alleged that the orthopaedic surgeon breached the standard of care by failing to diagnose the plaintiff-husband as...
Defense Verdict on Behalf of Cardiologist in Philadelphia County
Michael O. Pitt obtained a defense verdict in favor of a cardiologist in Philadelphia County. Plaintiff's decedent presented to the emergency room with chest pain and shortness of breath. A cardiology consultation was requested and at the time of the examination by...
Declaratory Judgment for Insurance Company
Anthony P. DeMichele obtained a declaratory judgment for an insurance company in a coverage dispute involving its insureds. The insureds, an attorney and his law firm, were sued in two separate state court actions based upon their involvement in gold futures...
Defense Verdict In Favor of Hospital in Montgomery County
Dan Ryan and Carolyn Bohmueller secured a defense verdict in favor of a hospital following a six day jury trial in Montgomery County, Pennsylvania. The plaintiff, a prominent local celebrity, alleged that a hematologist/oncologist failed to properly diagnose her rare...
Defense Verdict for Office Products Company
Anthony P. DeMichele, along with co-counsel, Domenick Carmagnola of Carmagnola & Ritardi, LLC in Morristown, New Jersey, obtained a defense verdict for a closely held office products company and its chief executive officer in a breach of contract and conversion...
Judge Emphasizes Confidentiality Provision in Peer Review Protection Act
A Court of Common Pleas judge in Monroe County granted a hospital’s protective order in part, holding that Plaintiffs may inquire about statements made by a medical quality officer to a patient concerning inconclusive results from peer-review...
District Court Dismisses “Failure to Warn” Claim Against Pharmaceutical Company
The United States District Court for the Middle District of Pennsylvania recently dismissed a “failure to warn” case against a drug manufacturer, holding that the manufacturer was not required to provide physicians with detailed instructions about the monitoring of...
Court Denies Appeal Related to Failure to Maintain Medical Records
In an opinion filed June 11, 2013, a three judge panel of the Commonwealth Court of Pennsylvania affirmed the State Board of Medicine's imposition of civil penalties upon a physician for failure to maintain medical records as required by the Medical Practice Act of...
US Court of Appeals for the Second Circuit Rules FDA’s Ban on Off-Label Marketing of Drugs Violates First Amendment’s Guarantee of Free Speech
In US v. Caronia, 703 F. 3d 149 (2d Cir. 2012), a pharmaceutical sales representative, Alfred Caronia, appealed a judgment of the United States District Court for the Eastern District of New York, which convicted him of conspiracy to introduce a misbranded...
Modified Version of “Benevolent Gesture” Statute Passed by PA Senate
Following a hearing last month, the Pennsylvania Senate has passed the Benevolent Gesture Medical Professional Liability Act. Under the Act, statements and acts of contrition by healthcare providers, if made prior to the initiation of medical malpractice...
Fun and Photos from the 2013 Arthritis Walk at FDR Park
O’Brien & Ryan, LLP sponsored the 2013 Philadelphia Arthritis Walk at FDR Park with games, prizes and bananas! We were honored to have the opportuntity to support this great cause.
Carolyn Bohmueller is Faculty for PA Bar Institute Program
On March 21, 2013, Carolyn Bohmueller was part of the faculty for the Pennsylvania Bar Institute CLE, Medical Malpractice Update, held in Philadelphia, PA.
Heather Hansen is Faculty for Med Mal Summit
On March 14-15, 2013, Heather Hansen was part of the faculty for Brain Injury Claims & Litigation, part of the American Conference Institute’s 2nd Annual Summit for Med Mal and Other Personal Injury Leaders, held at The Union League in Philadelphia, PA.
Heather Hansen is Part of Faculty at DUCOM Grand Rounds
On February 6, 2013, Heather Hansen was part of the faculty for Medical Malpractice and Electronic Medical Records at Drexel University College of Medicine’s Grand Rounds in Philadelphia, PA.
Anthony P. DeMichele Serves as Panelist at Long-Term Care Litigation Conference
Anthony P. DeMichele served as a panelist for Comprehensive State Law Breakdown for Long Term Care Litigation Hotbeds, part of the American Conference Institute’s 3rd Annual Long Term Care Litigation Conference on January 24, 2013 in Miami, Florida.
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