PROFESSIONAL LIABILITY
O’Brien & Ryan, LLP has been successfully defending professional liability matters since its beginning. Our litigation experience and vast resources to defend these often complex claims are essential to our success. Our professional liability clients include dentists, physicians, hospitals, nurses, nursing homes, long term care facilities, insurance agents and attorneys.
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Anthony P. DeMichele
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Negligence Of Client Is Affirmative Defense In Legal Malpractice Case
The Pennsylvania Superior Court, in a matter of first impression, has held that the negligence of a client may be raised as an affirmative defense in a legal malpractice action that is based upon negligence. Gorski v. Smith, 812 A.2d 683 (Pa. Super. 2002),...
PA Supreme Court Considers Effect of Factual Admissions on Grant of Summary Judgment in Med Mal Action
In Stimmler v. Chestnut Hill Hospital, 602 Pa. 539, 981 A.2d 145 (2009), the Pennsylvania Supreme Court recently had the opportunity to consider the effect of factual admissions on the grant of summary judgment in a medical malpractice action. The...
Fewer Medical Malpractice Filings in Pennsylvania a Result of 2003 Reforms
The number of medical malpractice suits filed in the Commonwealth of Pennsylvania dipped slightly in 2008. This decrease may be attributable to two reforms instituted in 2003. These measures included a requirement that a medical malpractice case be filed in the county...
Superior Court of Pennsylvania Reinforces Liberal Standard For Qualification of Expert Witness
On January 4, 2008, the Superior Court of Pennsylvania reinforced the liberal standard for qualification of an expert witness. In Novitski v. Rusak, on appeal from the Court of Common Pleas of Luzerne County, the Superior Court affirmed the decision of the trial...
Superior Court Denies Appeal After Applying Elements of ‘Res Ipsa Loquitur’
On September 7, 2007, in a unanimous opinion regarding MacNutt v. Temple University Hospital, 2007 Pa. Super. 279, 932 A.2d 980 (Pa. Super. 2007), lead by Judge Gantman, the Pennsylvania Superior Court reviewed the trial court’s refusal to allow the...
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