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 Philadelphia Hospital in Wound Care Matter
Marshall L. Schwartz and Lisa J. Peters recently obtained a defense verdict in a medical malpractice case on behalf of a hospital following a four-day jury trial in Philadelphia County.In December of 2013, the plaintiff was transferred to the critical care unit of...
Defense Verdict on Behalf of Internal Medicine Physician and Infectious Disease Physician
Marshall L. Schwartz and Brett M. Littman obtained a defense verdict on behalf of an internal medicine physician, an infectious disease physician, and a hospital following an eight-day jury trial involving allegations that the physicians failed to appropriately treat...
Defense Verdict on behalf of Podiatrist in Philadelphia County
Heather Hansen and paralegal Beth Carson recently obtained a defense verdict on behalf of a podiatrist in a case involving allegations of failure to timely diagnose melanoma. The plaintiff brought suit against two podiatrists, his primary care physician, and a...
Defense Verdict on Behalf of Two Cardiologists in Philadelphia County
Marshall L. Schwartz recently obtained a defense verdict on behalf of two cardiologists in a nine-day jury trial involving allegations of a failure to properly monitor a patient's Coumadin usage following a cardiac catherization, as well as an alleged failure to...
Defense Verdict on Behalf of Urologist
Michael O. Pitt and paralegal Elizabeth Carson-Nave recently received a defense verdict on behalf of a urologist in the Chester County Court of Common Pleas. The matter involved a 60-year old male who underwent robotic-assisted radical prostatectomy for treatment of...
Disputes Over Nursing Home Arbitration Agreements Flourish in Pennsylvania
In three recent Superior Court cases, binding arbitration agreements between nursing home facilities and their residents have been under scrutiny. In Bair v. Manor Care of Elizabethtown, PA, LLC,[1] M. Sylvia Bair commenced a wrongful death...
Defendants Cannot Use ACA to Calculate Future Life Care Costs
The Honorable Kim R. Gibson of the United States District Court for the Western District of Pennsylvania recently granted a plaintiffs’ motion in limine to preclude the defendant from submitting calculations of future life care costs that were based on...
Philadelphia Judge Holds Survival Action in Nursing Home case Must be Handled via Arbitration
In a case of first impression, Philadelphia County Court of Common Pleas Judge Mark I. Bernstein held that a survivorship action, brought in conjunction with a wrongful death claim, must be sent to arbitration pursuant to the federal preemption doctrine. The...
Venue Changed after Judge Rules Sending Test Results is not Treatment
The Philadelphia County Court of Common Pleas recently issued an opinion in support of its order transferring a medical malpractice case to Berks County, holding that sending test results "does not rise to the level of rendering healthcare services" that would make...
PA Supreme Court Holds Nursing Homes and Affiliated Entities Subject to Direct Corporate Negligence Claims
In an opinion issued on November 21, 2012, the Pennsylvania Supreme Court held that a nursing home and affiliated entities are subject to potential direct liability for negligence, where the requisite resident-entity relationship exists to establish that the entity...
O’Brien & Ryan, LLP is celebrating 35 years!
10 Attorneys Selected to 2020 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.
Anthony P. DeMichele speaking at the Rowan University School of Osteopathic Medicine
Anthony P. DeMichele will be speaking at the Rowan University School of Osteopathic Medicine discussing Medical Malpractice – Avoiding Litigation on Tuesday, February 11, 2020.
OBR Supports Toys for Tots 2019
For the 2019 holiday season, O’Brien & Ryan, LLP proudly partnered with the U.S. Marine Corps’ Toys for Tots program to collect new unwrapped toys for distribution to benefit kids in the local community. To find out more, or to make a donation, please visit toysfortots.org.
Anthony P. DeMichele appointed to the Board of Trustees of the Benchmark School in Media, PA
O’Brien & Ryan, LLP is proud to announce that Anthony P. DeMichele has been appointed to the Board of Trustees of the Benchmark School in Media, PA. The Benchmark School has made it their mission to develop each child’s capacity to find successful pathways to academic achievement and social growth. For more information about the Benchmark School, please visit their website.
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