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 on Behalf of Gastroenterologist in Matter involving Gastrointestinal Bleeding
Attorneys Michael Pitt and Mary Kay Plyter-Eigner recently received a defense verdict on behalf of a gastroenterologist and his practice after a three week trial in Philadelphia County. Plaintiff, on behalf of her deceased husband, alleged that the Defendant...
Defense Verdict in Pressure Wound Matter on Behalf of Hospital
Marshall L. Schwartz recently obtained a defense verdict on behalf of a hospital in a four-day jury trial in the Chester County Court of Common Pleas. The case involved allegations that the defendant hospital failed to rotate, turn and reposition the patient during...
Defense Verdict on Behalf of Hospital in Pressure Wound Matter
Marshall L. Schwartz and Caitlin E. McCauley recently obtained a defense verdict on behalf of a hospital in the Philadelphia County Court of Common Pleas. The matter involved a patient who developed a pressure wound during an admission to the intensive...
Defense Verdict on Behalf of Hospital in Case involving Fall at Physical Therapy after Hip Replacement
Anthony P. DeMichele recently obtained a defense verdict on behalf of a hospital in the Philadelphia County Court of Common Pleas. The matter involved a patient who fell while undergoing physical therapy two days after a right total hip replacement. As a result of the...
Defense Verdict for OB/GYN in case involving Wound Infection after Caesarean
Tracie A. Vizza and paralegal Lexi Romney recently obtained a defense verdict on behalf of an obstetrician/gynecologist (OB/GYN) in the Philadelphia County Court of Common Pleas. The matter involved a patient who had undergone a caesarean section and presented to the...
PA Supreme Court Holds Peer Review Privilege Does Not Extend to Physician Practice Groups
In an opinion authored by Justice Christine Donohue, the Supreme Court of Pennsylvania recently restricted the application of the Peer Review Protection Act (PRPA). On March 27, 2018, the Court declined to extend the privilege to reviews conducted by an employee of a...
Medical Expert Witnesses May Testify Outside the Scope of Their Specialty
In an opinion authored by Senior Judge William H. Platt, the Superior Court of Pennsylvania recently addressed whether expert witnesses, specifically medical experts, can testify to matters that are not directly within their specialty. In James v. Albert Einstein...
Supreme Court of Pennsylvania Addresses Juror Bias
In an opinion authored by Justice David N. Wecht, the Supreme Court of Pennsylvania recently addressed whether certain jurors should have been presumed prejudiced and dismissed based on their indirect relationship with the defendant’s employer, who was not a party to...
Supreme Court of Pennsylvania Holds Informed Consent Is Obtained Only through Information Directly from Physicians
In an opinion authored by Justice David N. Wecht, the Supreme Court of Pennsylvania recently held that physicians cannot rely on their staff or subordinates to disclose the information required to obtain informed consent from a patient; the information must come...
UPDATE – Disputes Over Nursing Home Arbitration Agreements Flourish in Pennsylvania
The state Supreme Court recently held that arbitration agreements that include a clause specifically designating the National Arbitration Forum as sole arbitrator are invalid. In Wert v. Manorcare of Carlisle PA, LLC,[1] Evonne Wert, on behalf of the...
O’Brien & Ryan, LLP Welcomes Three New Partners
O’Brien & Ryan, LLP is proud to announce that Jaime N. Johnson, Caitlin E. McCauley and Lisa J. Peters have become Partners in the firm!
9 Attorneys Selected to 2022 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.
In Memoriam – John F. O’Brien, III
In Memoriam – John F. O’Brien, III
We remember and honor our cherished partner and friend, John F. O’Brien, III, who recently passed away after a long illness.
John will remain forever in our hearts.
O’Brien & Ryan, LLP Announce New Partners
O’Brien & Ryan, LLP is pleased to announce our new partners: Brett M. Littman, Mary Kay Plyter-Eigner and Steven F. Reilly!
Paul Peel to Participate on CLE Panel
On Tuesday, March 22, 2022, Paul Peel will participate on the panel for Appeals for Trial Lawyers, a CLE that will provide an overview of key elements of appellate practice that are a must-know for trial attorneys. Offering their perspectives as judge, appellate practitioner and trial attorney, the panelists will provide key information regarding preservation and waiver issues, and tips for appellate advocacy, among other topics.
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