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In Pennsylvania, a medical malpractice lawsuit must be filed in the county where the alleged malpractice occurred.

The Superior Court in Pennsylvania recently reversed a trial court decision in a medical malpractice case that transferred venue from Philadelphia County to Berks County, sending the case back to Philadelphia County.

The case involved a premature infant who was being treated in the neonatal intensive care unit in a Berks County hospital. The infant underwent a transthoracic echocardiogram in Berks County, which was interpreted by a pediatric cardiologist working in a hospital in Philadelphia County. The Philadelphia cardiologist wrote a report of her findings, including her diagnosis and treatment plan. The diagnosis of the Philadelphia doctor was pulmonary hypertension requiring immediate treatment or intervention, which was to be forwarded to plaintiff’s treating providers in Berks County.


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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 or she fails to obtain a patient’s informed consent before performing a medical procedure.

In a recent medical malpractice action, the Pennsylvania Supreme Court held that a physician’s duty to provide information to a patient sufficient to obtain her informed consent is non-delegable. Thus, conversations between the patient and members of the physician’s staff will not suffice. The duty to obtain a patient’s informed consent for a major medical procedure belongs to the physician, who must inform the patient about the risks, benefits, likelihood of success, and alternatives.


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As reported by philly.com, 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

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 were identified from the results of a cardiology services audit as having performed unnecessary cardiac stent procedures. The hospital claimed that the audit indicated that the blockages in the patients at issue were so minimal that stents were not medically appropriate.


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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. If not diagnosed, or not diagnosed and treated in a timely manner, these conditions can cause severe disability or death.

Newborn Screening in the US

Through newborn screening, nearly every baby in the United States is tested for genetic disorders shortly after birth. Health care providers collect blood samples from newborns and send them to labs for testing. But a recent report issued by the U.S. Government Accountability Office found most states have not met federal benchmarks to screen 95 percent of blood samples within seven days of birth by 2017.
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A recent BMJ (British Medical Journal) study listed medical errors as the third leading cause of death in the United States. The BMJ recommends that healthcare providers make prevention of patient harm the top healthcare priority and institute policy and procedure changes directed toward that objective.

The study points out that the medical cause of an injury or death on the death certificate doesn’t reflect that “communication breakdowns, diagnostic errors, poor judgment, and inadequate skill can directly result in patient harm and death.”


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For those unaware, a “hospitalist” is a physician who works exclusively in a hospital setting and specializes in Hospital Medicine. Most commonly, hospitalists undergo residency training in Internal Medicine or Family Medicine and, therefore, have education and training similar to doctors practicing as primary care physicians or family doctors.

However, some hospitalists have training in other medical specialties, and some hospitalists do undergo hospital-focused post-residency training, such as a fellowship in Hospital Medicine. Because they work in hospital settings, hospitalists frequently have to manage acutely ill and hospitalized patients. Often their role involves coordinating the treatment of the various physician specialists involved in a patient’s care while they are hospitalized. A hospitalist, in a sense, can serve as a patient’s primary care physician while the patient is in the hospital.


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The Pennsylvania Peer Review Protection Act, 63 P.S. § 425.1 et seq., is a statute that, among other things, prohibits the proceedings and records of an internal review committee convened to evaluate the quality of care provided by a health care provider(s) from disclosure. In essence, the purpose of this portion of the Act is to allow health care organizations to perform honest, critical analysis of their health care providers, without fear that the contents of their review will become public or be used against them in a medical malpractice lawsuit.

The confidentiality provision of the Peer Review Protection Act is frequently used by hospitals, physicians, and health care organizations to prevent internal records from disclosure in malpractice litigation. In practice, this confidentiality provision is often employed more broadly than the statute permits, and is used to justify the withholding of internal records and documents that were not truly created as part of any internal peer review process.


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Consider the following scenario: A patient is given pain medication in a hospital emergency room which impairs the ability to operate a motor vehicle. The doctor who administers the medication discharges the patient from the hospital without advising her not to drive while on the medication. On the way home from the hospital, the patient, still under the influence of the pain medication, veers into opposing traffic, causing an accident. Can an individual injured in that motor vehicle accident sue the doctor at the hospital who administered pain medication without informing the patient not to drive? The New York Court of Appeals recently said yes.

The above fact pattern is precisely what occurred in Davis v. South Nassau Communities Hospital. Lorraine Walsh presented to the South Nassau Communities Hospital emergency room on March 4, 2009 with stomach pain. A doctor there gave her a heavy pain medication, Dilaudid, and then discharged her home a short time later.

The doctor never warned Ms. Walsh that Dilaudid could impair her ability to drive. Ms. Walsh drove herself home from the hospital. On her way, she crossed into oncoming traffic, striking a vehicle being driven by Edward Davis. Mr. Davis suffered injuries in the accident. He then sued the hospital and physician for medical malpractice, alleging that the hospital and doctor were negligent in failing to warn Ms. Walsh of the danger involved in driving while under the influence of Dilaudid.


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