Category Archives: Medical Malpractice

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Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Posted in Medical Malpractice

A physician cannot perform a surgery or other medical procedure on a patient without first obtaining the patient’s informed consent. Informed consent means that the patient was advised of the risks, benefits, and alternatives to the procedure and, knowing these, made the decision to undergo the procedure. A physician can be legally liable where he… Continue Reading

Florida Supreme Court Strikes Down Cap on Medical Malpractice Damages

Posted in Medical Malpractice

The Supreme Court of Florida held that the state’s statutory caps on personal injury noneconomic damages in medical negligence actions violate the Equal Protection Clause of the Florida Constitution. The statute, section 766.118, set noneconomic damages caps of $500,000 per claimant in personal injury or wrongful death actions arising from medical negligence. If the negligence… Continue Reading

Hospital Must Disclose Fired Nurse’s Personnel File in PA Medical Malpractice Case

Posted in Medical Malpractice, Wrongful Death

Access to a nurse’s personnel file became a key issue in a recent PA medical malpractice wrongful death and survival action. In Snyder v. DeCesare, the Court of Common Pleas of Lackawanna County considered whether plaintiffs were entitled to disclosure of the personnel file of defendant Heather Shingler, RN. Plaintiffs alleged that their unborn child… Continue Reading

Residents’ Return to 24-Hour Shifts Rekindles Controversy Over Patient Care

Posted in Medical Malpractice

On March 10, 2017, the Accreditation Council for Graduate Medical Education (ACGME) announced that first-year doctors will be allowed to work 24-hour shifts in hospitals starting July 1, 2017. The cap that has limited shifts to 16 consecutive hours of patient care since 2011 will be lifted. The 80-hours-per-week cap remains in place. Balancing the… Continue Reading

Osteo Relief Institute Jersey Shore Employees Failed to Wash Hands and Reused Syringes

Posted in Medical Malpractice

As reported by, New Jersey Department of Health investigators have released a preliminary report finding that that the Osteo Relief Institute Jersey Shore in Wall Township deviated from multiple infection control guidelines issued by the Centers for Disease Prevention and Control. The report indicates that the clinic’s disregard of accepted hygiene practices likely caused… Continue Reading

Pennsylvania Court to Reconsider Denial of Attorney-Client Privilege for Email to Consultant

Posted in Medical Malpractice

The Pennsylvania Superior Court will reconsider its ruling that attorney-client privilege does not apply to an email from a hospital’s attorney to its public relations firm. The discovery dispute in the case involved a document generated by outside counsel pertaining to a public announcement planned by the hospital. The announcement would name two doctors who… Continue Reading

Do We Need More Uniformity in Newborn Screening in the US?

Posted in Medical Malpractice

According to the March of Dimes, each year more than 12,000 newborns are identified as having a condition detected through newborn screening. Newborn screening is the practice of testing every newborn for certain genetic, metabolic, hormonal, and functional conditions. If diagnosed early, many of these conditions can be successfully managed, improving lives and reducing costs…. Continue Reading

Federal Government Must Pay $41.6M for Negligent Forceps Delivery

Posted in Medical Malpractice

A Pennsylvania judge recently entered a $41.6 million verdict against the federal government after an obstetrician employed by a federally-funded health clinic negligently used forceps to deliver a baby. The baby suffered severe permanent brain damage as a result. The lawsuit claimed that the obstetrician applied excessive force and traction and misapplied the forceps on… Continue Reading

PA Courts Discuss Documents Shielded by Peer Review Protection Act

Posted in Medical Malpractice

In a Common Pleas Court decision, the Honorable Terrence R. Nealon set forth a detailed discussion concerning what materials are discoverable in a medical malpractice action under the Peer Review Protection Act (“PRPA”). 63 P.S. §§425.1 – 425.4. In Vaccaro v. Scranton Quincy Hospital Company, LLC, plaintiffs allege obstetrical and hospital negligence leading to a… Continue Reading