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Health Care Liability

The attorneys in the Health Care Liability Practice Group defend medical professionals and providers in all areas of health care liability, ranging from medical malpractice and credentialing and licensing issues to investigations involving governmental agencies. We represent health care providers throughout Pennsylvania, Delaware, New Jersey, Ohio, Florida and New York, including:

  • Physicians
  • Registered nurses
  • Certified registered nurse anesthetists
  • Dentists
  • Oral surgeons
  • Midwives
  • Psychologists
  • Podiatrists
  • Chiropractors

 

In addition, we count many health care institutions among our clients, including:

  • Hospitals
  • Health systems
  • Surgical centers
  • Psychiatric facilities
  • Health clinics


The health care industry is constantly evolving and we recognize the need to remain abreast of these changes in order to best serve our clients. The attorneys in the Health Care Liability Practice Group are well versed in the unique intricacies and regulations affecting health care providers. In fact, several attorneys in the group are former health care professionals with clinical experience in the fields of nursing, podiatry, pharmacology and physical therapy.

In recognition of the Health Care Liability Practice Group's reputation in defending health care liability matters, the group was named Medical Malpractice Litigation Department of the Year in Pennsylvania by The Legal Intelligencer in 2012.

Clients benefit from a unique blend of experienced and dedicated litigators, geographical coverage and cost-effectiveness in the field of health care liability. We work together early on in litigation to determine exactly what they wish to accomplish, and counsel them as cases unfold. Timely, substantive and prompt communications are paramount in our approach to working closely with clients in defending their interests.

We take great pride in the depth of litigation experience our firm offers and will not hesitate to try cases to verdict and challenge issues at the appellate level.

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May 16, 2013
Summary judgment on behalf of a medical laboratory. We successfully established that the plaintiff did not have the defendant's slide evluated by his own expert and that due diligence required him to do. The court agreed that the plaintiff...
Nov 1, 2012
We successfully defeated the plaintiff's appeal to the Pennsylvania Superior Court from the dismissal of our client, a New Jersey doctor who was sued in Pennsylvania, in a claimed paraplegic medical malpractice case. The Court upheld our defense...
Oct 1, 2012
We successfully persuaded the Pennsylvania Supreme Court that a general practitioner is under no specific or "heightened" duty in tort to refrain from sexual relations with a patient under the circumstances where the general practitioner...
Sep 1, 2012
We obtained a unanimous defense verdict following a ten-day trial involving a cardiothoracic surgeon who performed a mitral valve repair and by-pass surgery on the plaintiff. Afterwards, plaintiff claimed he needed a "re-repair" surgery,...
Aug 6, 2012
We successfully developed and briefed a motion for summary judgment on behalf of university school of medicine and a hospital network in a complex, high-exposure case involving pre-implantation genetic diagnosis (PGD), in vitro fertilization (IVF)...
Apr 1, 2012
We obtained a defense verdict for a physician, who was the target defendant, following a nine-day trial in which a $4.2 million verdict was returned against the co-defendant.
Jan 1, 2012
We obtained a dismissal with prejudice on behalf of a pair of Canadian physicians in a serious and complex international medical professional liability action. A Pennsylvania resident, working on an international assignment in Canada, fell ill and...
Oct 27, 2011
Attorney successfully defended her client-doctor at a recent trial. He had been sued for lacerations of the bowel and a blood vessel that occurred during gynecological surgery, and which were recognized and repaired during his procedure. After one...
Oct 27, 2011
Attorney obtained a defense verdict on behalf of an emergency medicine physician in a medical malpractice case after four weeks of trial. The plaintiff filed suit against a number of doctors for failure to timely diagnose Plaintiff's gangrene of...
Oct 17, 2011
Attorney obtained a defense verdict in a medical professional negligence action.The case involved allegations that the defendant emergency medicine physician failed to timely diagnose appendicitis in the emergency department of a local hospital...

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Law Alerts April 11, 2013
The appellate court rejected the defendant's appeal where he claimed that the plaintiff's treating neurosurgeon, Dr. Steinberger, was improperly permitted to testify that the plaintiff's decompression surgery was necessary only because..., Case Law Alerts - 2nd Quarter 2013
Articles March 27, 2013
Litigation Management Magazine, Spring 2013
Law Alerts January 11, 2013
A jury awarded compensatory damages for injuries the deceased suffered as a result of neglect while a resident at the Philadelphia Nursing Home, which was operated by Episcopal Long Term Care. During the trial, but at the close of Episcopal's..., Case Law Alert - 1st Quarter 2013
Law Alerts January 11, 2013
In examining the relationship between plaintiffs and treating physicians who also offer expert opinions in personal injury actions (“hybrid witness”), the court noted that a treating physician, like any other witness, is subject to..., Case Law Alert - 1st Quarter 2013
Law Alerts January 11, 2013
The plaintiff presented to the emergency room with a laceration on his forehead. The plaintiff claimed that the defendant, board certified in emergency medicine and internal medicine, sutured the laceration but failed to completely clean the wound,..., Case Law Alert - 1st Quarter 2013
Defense Digest Article December 1, 2012
  Key Points: The Pennsylvania Rules of Civil Procedure now specifically address a party's right to inspect, copy, test and sample electronically stored information. Production of..., Defense Digest, Vol. 18, No. 4, December 2012
Defense Digest Article December 1, 2012
  Key Points: Neuropsychological testing can be a sword or a shield in the defense of traumatic brain injury cases. Early reliance on expert witnesses can guide discovery and open doors to..., Defense Digest, Vol. 18, No. 4, December 2012
Defense Digest Article December 1, 2012
  Key Points: In order for a plaintiff to sue an out-of-state medical provider in a Pennsylvania court, the out-of-state medical provider must fall under the personal jurisdiction of the Pennsylvania..., Defense Digest, Vol. 18, No. 4, December 2012
Law Alerts October 1, 2012
In this suit on behalf of several hundred plaintiffs against Johnson & Johnson and Ethicon, Inc. for alleged injuries caused by medical devices, the Appellate Division concluded that a physician’s treatment of a plaintiff cannot bar the..., Case Law Alert - 4th Qtr 2012

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May 1, 2013
Marshall Dennehey Warner Coleman & Goggin continues the expansion of its Ohio health care practice with the addition of Jason Ferrante, Esq., as an associate in the firm's Cleveland office. Ferrante focuses his practice on medical malpractice defense and has represented hospitals, physicians,...
January 16, 2013
Marshall Dennehey Warner Coleman & Goggin is pleased to announce that Leslie M. Jenny, Esq., has joined the firm as a shareholder in its Cleveland office. An experienced litigator, Jenny brings her statewide medical malpractice litigation practice to the firm's growing health care department....
January 2, 2013
Philadelphia, PA – January 2, 2013 – Richard R. Wier, Jr., former Delaware Attorney General, has joined the law firm of Marshall Dennehey Warner Coleman & Goggin and will serve as Senior Counsel in their Wilmington, DE office.  For the past twenty years, Dick Wier has headed his own firm in...
June 28, 2012
The Health Care Liability Practice Group at Marshall Dennehey has been recognized as the 2012 PA Medical Malpractice Litigation Department of the Year by The Legal Intelligencer. The group's 54 attorneys in seven Pennsylvania offices have tried more than 75 cases to verdict in the past two years...
June 4, 2012
Matthew P. Keris, Esquire, a shareholder with Marshall Dennehey Warner Coleman & Goggin, was elected president of the Central Pennsylvania Association of Health Care Risk Management for the 2012 term. Keris has been involved with the association since 2009. As president, Keris is responsible...
Sep 20, 2012
Listen to amazing speakers and then network over cocktails and appetizers. Presentation topics include: The Impact of Social Media on the Tripartite Relationship Mediating Complex Disputes with Increasingly Sophisticated Parties...
Conference Oct 9, 2012
Matthew Keris and Robin Snyder are presenting a concurrent session at the ASHRM 2012 Annual Conference and Exhibition. "Defending the Electronic Medical Record Deposition" addresses issues germane to medical malpractice depositions based...
Seminar Mar 6, 2013
The Medical Malpratice Update will provide practical information to increase the ability to effectively handle your next medical malpractice case. Receive updates on case law, discuss how social media has changed the practice, find out what's...
Conference Apr 11, 2013
Matthew Keris is a featured speaker at this year's CLM Annual Conference in San Antonio, Texas. He joins Marla Bigeleisen from Hamlin & Burton Liability Management, Frank Brier from Geisinger System Services, and Christopher Greene from...
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...
Seminar Apr 23, 2013
Get surefire techniques for avoiding complaints, penalties and even lawsuits and learn to tackle even the toughest medical records dilemmas. In today’s changing legal landscape, staying current is crucial to avoid costly fines and time-...

Chair

T. Kevin FitzPatrick
Director, Health Care Department
(610) 354-8252
tkfitzpatrick@mdwcg.com

Co-Chair

William L. Banton Jr.
Assistant Director, Health Care Department
(215) 575-2806
wlbanton@mdwcg.com

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