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 Obstetrician
Heather Hansen recently obtained a defense verdict on behalf of an obstetrician in Philadelphia. In this case, Plaintiffs alleged negligence in relation to labor and delivery at a Philadelphia hospital. Plaintiffs claimed that the defendant failed to recognize and...
Defense Verdict on Behalf of Emergency Room Physician
Michael O. Pitt recently obtained a defense verdict on behalf of an emergency room physician in a nine day jury trial involving allegations of a failure to diagnose an epidural abscess. This case involved a patient who presented to the emergency department with...
Defense Verdict in Favor of Orthopedic Surgeon
Heather Hansen and Paul E. Peel recently obtained a defense verdict in favor of an orthopedic surgeon in a medical malpractice action in Delaware County. Plaintiffs' allegations of negligence related to the care rendered following the performance of a total knee...
Defense Verdict on Behalf of Surgeon and Hospital
Marshall L. Schwartz and Brett M. Littman recently obtained a verdict on behalf of a surgeon and hospital in a four day jury trial involving allegations of negligence in the performance of a laparoscopic hernia repair. This case involved a patient who first underwent...
Defense Verdict on Behalf of Thoracic Surgeon
Marshall L. Schwartz and Brett M. Littman recently obtained a defense verdict in a medical malpractice case on behalf of a thoracic surgeon and hospital following a six-day jury trial. In June 2008, after being diagnosed with lung cancer, the patient presented for...
Pennsylvania House of Representatives Approves Punitive Damages Cap in Nursing Home Cases
The Pennsylvania House of Representatives recently approved an amendment to the Medical Care Availability and Reduction of Error (MCARE) Act, which would limit the amount of punitive damages that could be awarded in lawsuits involving medical malpractice in nursing...
UPDATE – Superior Court Clarifies Ruling Regarding Third-Party Beneficiaries of Physician-Patient Relationship
The following is an update to an earlier posting, found HERE. In an unreported memorandum opinion, Judge J. Brian Johnson denied a defendant physician’s motion for summary judgment and found that the defendant physician owed a duty of care to a non-patient where...
Discovery Rule in New Jersey Does Not Toll Statute of Limitations Pending Review of the Medical Records
The New Jersey Supreme Court recently held that the discovery rule – which can delay the accrual date of a medical malpractice action until a party discovers or should have discovered an actionable claim – is not a license for plaintiff's attorneys to endlessly search...
Court Says Skilled Nursing Care Centers Not “Purely Public Charities”; Upholds Decision Revoking Tax Exempt Status
In the case of Menno Haven, Inc. v. The Franklin County Board of Assessment and Revision of Taxes, No. 1051 C.D. 2006 (Pa. Cmwlth. 2007) two skilled nursing care centers lost their tax exempt status because they did not function as purely public charities. Menno...
PA Superior Court Rules on Informed Consent and Jury Selection
In Shinal v. Toms, 2015 Pa. Super. 178 (Aug. 25, 2015), The Pennsylvania Superior Court affirmed the trial court’s decision not to strike four prospective jurors for cause based on their relationship with defendant medical facilities because...
Dan Ryan presents at 2018 Health Law Institute
On March 13-14, 2018, Dan Ryan presented Informed Consent After Shinal, discussing the significant decision by the Pennsylvania Supreme Court, for the 2018 Health Law Institute, held in Philadelphia.
Heather Hansen inducted into the American College of Trial Lawyers
O’Brien & Ryan is pleased to announce that Heather Hansen has been named to the American College of Trial Lawyers. The American College of Trial Lawyers is recognized as the preeminent organization of trial lawyers in North America, dedicated to maintaining and improving the standards of trial practice, professionalism, ethics and the administration of justice. Fellowship is by invitation only, and trial lawyers are invited to become Fellows only after an extremely careful vetting process.
Heather Hansen to Speak at Healthcare Technology Conference
On March 6, 2018, Heather Hansen will present Lessons from Lawsuits: How to Use Health IT to Avoid Being Sued and Improve Healthcare Teams at the HIMSS Conference & Exhibition in Las Vegas, Nevada. Her presentation at the annual Health IT conference will highlight the humanity in patient care / engagement, and using it in tandem with technology to allow healthcare teams to reach their highest potential.
Dan Ryan is Panelist for PBI
On December 5, 2017, Dan Ryan participated as a panelist for Lights, Camera, Evidence!, a course outlining the rules of Pennsylvania evidence for the Pennsylvania Bar Institute in Philadelphia.
Dan Ryan Named to International Academy of Trial Lawyers
O’Brien & Ryan is pleased to announce that Dan Ryan has been named to the International Academy of Trial Lawyers. The Academy is a group of truly elite trial lawyers representing both sides of the Bar: prosecutors and defense lawyers in criminal cases, and plaintiffs’ and defense counsel in civil litigation. While the majority of the Fellows come from the U.S., the Academy includes lawyers from more than 30 countries. Fellowship is by invitation only, and trial lawyers are invited to become Fellows only after an extremely careful vetting process.
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