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T. Kevin FitzPatrick

Shareholder
Director, Health Care Department
620 Freedom Business Center
Suite 300
King of Prussia, PA 19406
(610) 354-8252
(610) 354-8299 - Fax
tkfitzpatrick@mdwcg.com

Kevin is the director of the firm's Health Care Department, overseeing more than 80 attorneys in 15 offices. He is also a member of the firm's board of directors. Kevin has played an active role in not only substantially increasing the number of attorneys in the Health Care Department, but also in expanding its geographical footprint.

In addition to his administrative responsibilities, the majority of Kevin's professional time is spent providing defense representation in health care liability matters involving large exposure and complex cases. These cases involve the defense of physicians, hospitals, dentists, therapists, mental health professionals and other health care providers. Other areas of his practice have been devoted to significant general liability matters, including premises liability and security litigation.

Kevin estimates that since 1984 he has handled more than 400 health care liability matters. He has taken numerous cases to verdict, the majority of them resulting in defense awards. He has also had a significant number of cases taken to trial that resulted in client dismissals by stipulation or motion. In addition, Kevin has been involved with numerous ADR proceedings, including binding arbitrations, with successful results.

After receiving a Bachelor of Science degree in accounting from the University of Scranton in 1981, Kevin obtained his juris doctor from Loyola University in New Orleans in 1984. While in law school, Kevin was selected to serve on the moot court board. Prior to joining Marshall Dennehey in 1993, Kevin was a partner with a Philadelphia law firm, where he practiced for nine years.

Kevin has been awarded an AV® Preeminent™ rating by Martindale-Hubbell. Throughout his career, he has been active in the preparation of articles in his field of concentration and he has given numerous presentations to clients, including hospitals and insurance carriers, regarding the defense of health care liability cases and medical/legal related matters.

Significant Representative Matters

  • Obtained a defense verdict in a trial involving allegations that a hospital client failed to reconcile a home Benzodiapine medication which led to a grand mal seizure, multiple spinal compression fractures, chronic pain and lifelong care needs. (2016)

  • Obtained a defense verdict for a hospital client in a trial which alleged nursing negligence that resulted in a femur fracture and subsequent complications for a post hip replacement surgery patient. (2014)

  • Obtained a defense verdict for a hospital client against alleged failure to diagnose renal failure which resulted in the death of a man following knee surgery. (2012)

  • Obtained a defense verdict in a trial involving a severe shoulder dystocia birth injury case and defense of the treating obstetrician. (2008)

  • Obtained a defense verdict in a trial involving the death of an elderly patient following the administration of a narcotic medication by an emergency physician. (2006)

  • Obtained a defense verdict in a trial involving a urologist and failure to diagnose testicular cancer resulting in the death of a 49-year-old man. (2000)

Classes/Seminars Taught

  • The Pitfalls of Pressure Ulcer Litigation, Marshall Dennehey Health Care and Health Law Seminar, November 9, 2017

  • Case Evaluations and Jury Verdicts in Medical Professionals Liability Cases and Defending the Mental Health Case, Allied World Assurance Company, October 2011

  • Updates on the Medical Care Availability and Reduction of Error Act (MCARE), MCARE Fund & Fair Share Act, OneBeacon Insurance Group, Connecticut, October 2011

  • Current Legal Trends, Update on Tort Reform In Pennsylvania, Potential Civil Implications Arising From the New Medicare Requirements Under the Deficit Reduction Act Of 2005, University of Scranton, Bi-annual Medical Alumni Symposium, March 2009

Published Works

  • "Psychiatric Records Can Be Subject To Discovery In Pennsylvania," Defense Digest, Vol. 16, No. 4, December 2010

  • "Disgruntled Lasik Surgery Plaintiff Not Precluded from Expressing Non-Defamatory Comments On Website," Defense Digest, Vol. 13, No. 3, September 2007

  • "New Trial Awarded Because of Improper Contact with Treating Physician," Defense Digest, Vol. 5, No. 5, 1999

  • "Informed Consent Not Limited To Physician Information," Defense Digest, Vol. 5, No. 3, 1999

  • "Current Status of Wrongful Use of Civil Proceedings," (co-author), Defense Digest, Vol. 4, No. 5, 1998

  • "HMO's ERISA Shield Pierced By Superior Court," Defense Digest, Vol. 2, No. 6, June 1996

  • "HMOs are Denied Peer Review Protection," Defense Digest, Vol. 1, No. 8, August 1995

Education

  • Loyola University New Orleans School of Law, New Orleans, Louisiana (J.D., 1984)

  • University of Scranton, Scranton, Pennsylvania (B.S., 1981)

Law Alerts July 10, 2017
Pennsylvania Appellate Courts recently issued two significant decisions resulting in  widespread practical implications for patient treatment and litigation involving informed consent and medical negligence. The more recent case, Shinal v. Toms...
Defense Digest Article March 1, 2017
Defense Digest, Vol. 23, No. 1, March 2017 by T. Kevin FitzPatrick, Esquire Defending high-exposure cases is routine throughout our Health Care Department, but separate and apart are the litigation matters being handled by the attorneys in our..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest Article December 1, 2010
Pennsylvania – Health Care Liability ,  Key Points: Psychiatric records are privileged, but prevention from discovery is not absolute. Pennsylvania recognizes numerous statutes and policy considerations restricting..., Defense Digest, Vol. 16, No. 4, December 2010
December 19, 2012
December 2012 – Philadelphia, PA – The Executive Committee of the defense litigation firm Marshall Dennehey Warner Coleman & Goggin (MDWC&G) is pleased to announce that Robin Snyder, Esq. was elected as a member of the firm's board of directors as well as senior vice president at the annual...
October 1, 2011
Kate McGrath (King of Prussia, PA), Kevin FitzPatrick (King of Prussia, PA) and Jeff Bates (Philadelphia, PA) presented a seminar to representatives of OneBeacon Insurance Group in Connecticut.  Topics included updates on the Medical Care Availability and Reduction of Error Act (MCARE), MCARE Fund...
October 1, 2011
Kevin FitzPatrick (King of Prussia, PA), Chandler Hosmer (King of Prussia, PA), Bill Banton (Philadelphia, PA), and Joan Orsini Ford(Doylestown, PA) presented a seminar on case evaluations and jury verdicts in medical professionals liability cases and defending the mental health case to...
Conference Apr 17, 2013
T. Kevin FitzPatrick is participating in a panel discussion at the upcoming Crittenden Medical Insurance Conference in Boston on April 16-18. The panel will address the upward trend of large/excess verdicts, the effects of large verdicts...

Education

  • Loyola University New Orleans School of Law (J.D., 1984)
  • University of Scranton (B.S., 1981)

Bar Admissions

  • Pennsylvania, 1984
  • U.S. District Court Eastern District of Pennsylvania, 1984
  • U.S. Court of Appeals 3rd Circuit, 1989
  • U.S. District Court Middle District of Pennsylvania, 1990

Associations & Memberships

  • American Society of Hospital Risk Management
  • Central Montgomery Mental Health/Mental Retardation Center, Solicitor (2003-2011)
  • Defense Research Institute
  • Montgomery County Bar Association
  • Pennsylvania Bar Association

Honors & Awards

Year Joined Organization: 1993

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