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Health Care Liability

Recognition

Marshall Dennehey's health care attorneys have a reputation for excellence in defending health care liability matters. In September 2016, our Professional Liability Department was recognized as the Pennsylvania "Litigation Department of the Year" for both medical and non-medical professional liability by The Legal Intelligencer. The practice group was selected for its focused approach and responsiveness to clients. Read "Ready to Roll: Marshall Dennehey Puts Clients' Needs First."

This award follows the Health Care Department's 2012 recognition by The Legal Intelligencer as the "Medical Malpractice Litigation Department of the Year." Such accolades serve as a testament to our attorneys' dedication and commitment to providing excellence in defense representation to all manner of professionals, hospitals and other entities in the health care environment.

Overview

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.

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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Aug 24, 2018
Marshall Dennehey's health care attorneys obtained a defense verdict on behalf of a midwife in a case involving alleged failure to properly manage and care for a patient’s labor and delivery, resulting in catastrophic injury to her child....
May 11, 2018
The plaintiff alleged to have suffered a fall in a hospital bathroom three days post-operatively that reinjured his surgically repaired knees. The nurses denied the patient fell to the ground and testified, consistent with their charting, that the...
May 11, 2018
The plaintiff suffered a perforated uterus following an ambulatory IUD removal surgery that was performed by our Ob/Gyn client. The following day, the plaintiff was readmitted with worsening symptoms and underwent surgery to repair the perforation....
Dec 1, 2017
Obtained summary judgment in the New York State Supreme Court, New York County on behalf of a fourth-year resident doctor. The plaintiff's suit involved a medical malpractice claim alleging that the medical providers failed to diagnose, treat,...
Dec 1, 2017
Obtained a defense verdict in Delaware following a five-day medical negligence trial. ​The 54-year-old patient died three days after gallbladder surgery while still hospitalized. The plaintiffs alleged that post-operative bleeding, which required re...
Dec 1, 2017
Obtained summary judgment for a licensed clinical social worker in a negligence, defamation, fraud and intentional infliction of emotional distress case. ​The plaintiff (the father, a police officer and president of the local school board) brought...
Aug 30, 2017
Obtained a defense verdict in a medical malpractice action regarding alleged negligence and informed consent in a four-week trial in Bergen County, New Jersey. The plaintiff alleged that our client, an internist, negligently prescribed an iron...
May 11, 2017
Obtained summary judgment on behalf of an optometrist in a medical malpractice case. ​The plaintiff alleged that she was neither informed of the elevated pressures in her eyes nor referred for a glaucoma evaluation by our client. She was later...
May 11, 2017
Successfully defended an OB/GYN in a three-day medical malpractice jury trial in the Court of Common Pleas of Erie County, Pennsylvania. ​Our client had performed a hysterectomy on a 76-year-old woman due to a Grade 3 uterine prolapse. The day...
May 11, 2017
Obtained a defense verdict on behalf of a primary care physician. ​The plaintiff alleged the physician failed to order a blood test that would have detected a rare blood disorder called TTP. Five days after seeing our client, the decedent’s...

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Defense Digest Article December 1, 2016
Defense Digest, Vol. 22, No. 4, December 2016   By Matthew P. Keris, Esq.* Key Points: Plaintiffs’ counsel routinely ask defendant doctors for their opinions as to the standard of care in medical malpractice depositions in..., Defense Digest, Vol. 22, No. 4, December 2016. 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...
Defense Digest Article December 1, 2016
Defense Digest, Vol. 22, No. 4, December 2016   By John Farrell, Esq. & Daniel Dolente, Esq.* Key Points: Consider retaining an expert outside client’s area of medicine to opine about the standard of care. A second..., Defense Digest, Vol. 22, No. 4, December 2016. 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...
Law Alerts October 3, 2016
The Second District Court of Appeal shot down the plaintiff’s claims seeking to hold the hospital legally responsible for the negligence of an independent contractor physician pursuant to the Medicare Conditions of Participation set forth in..., Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 3, 2016
The plaintiff filed suit against an orthodontist alleging negligence in the treatment of sleep apnea. The plaintiff served an Affidavit of Merit (AOM) from a prosthodontist who had 20 years experience in treating sleep apnea. The trial..., Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest Article September 1, 2016
Defense Digest, Volume 22, No. 3, September 2016   By Stephen M. Wagner, Esq.* Key Points: A health care entity cannot be held vicariously liable for a physician’s negligence unless the negligent physician is properly named...,   Defense Digest, Vol. 22, No. 3, September 2016. 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...
Articles July 27, 2016
Law Alerts July 19, 2016
The Second District Court of Appeals affirmed dismissal of the plaintiff’s medical malpractice complaint as untimely because she failed to file it within two years of when she became aware of the possibility that medical negligence had..., Case Law Alerts, 3rd Quarter, July 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 19, 2016
Judge Nealon of the Lackawanna County Court of Common Pleas held that a board-certified neonatal and perinatal medicine expert is competent to render an opinion that a fetus at 33.4 weeks gestation is sufficiently developed for conscious perception..., Case Law Alerts, 3rd Quarter, July 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 19, 2016
The Superior Court was faced with the issue of whether a board-certified orthopedic surgeon met the qualification requirements of the MCARE Act to render a standard of care opinion against a board-certified podiatrist. Under MCARE, an expert..., Case Law Alerts, 3rd Quarter, July 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 11, 2016
Lawyers handling catastrophic injury cases have closely followed the emerging body of case law regarding the impact, if any, of the Affordable Care Act (ACA) on claims for future damages. Before the ACA, it was uncertain whether injured individuals...,   This Law Alert has been prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to...

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October 29, 2018
Matthew P. Keris, shareholder in the Scranton office of Marshall Dennehey Warner Coleman & Goggin, has been elected the Atlantic Regional Director of the Defense Research Institute (DRI),  the country's leading organization of defense attorneys and in-house counsel. Mr. Keris previously was the...
October 22, 2018
Stacy A. Starcher, shareholder in the Health Care Department at Marshall Dennehey Warner Coleman & Goggin, will be a featured speaker at the National Business Institute's "Medical Malpractice From Start to Finish" seminar on November 8 at the Holiday Inn Independence in Independence, Ohio. In "...
March 1, 2018
Experienced trial attorney John R. Ninosky has joined Marshall Dennehey Warner Coleman & Goggin's Harrisburg office as a shareholder in the firm's Health Care Department. Highly experienced in medical malpractice, civil rights and general liability matters, Mr. Ninosky has successfully tried...
April 19, 2017
Matthew P. Keris, shareholder in the Scranton office of Marshall Dennehey Warner Coleman & Goggin, has been appointed state representative to the Defense Research Institute (DRI) by the Pennsylvania Defense Institute (PDI). In this capacity, he will act as the official liaison between the two...
March 1, 2017
Steven J. Forry and Stuart H. Sostmann, shareholders in the Pittsburgh office of Marshall Dennehey Warner Coleman & Goggin, have been promoted to supervisory roles in their respective practice areas. Mr. Forry has been named Supervisor of the Pittsburgh office's Health Care Department, and Mr....
January 8, 2016
Matthew P. Keris, shareholder in Marshall Dennehey's Scranton office, has been elected President of the Pennsylvania Association for Health Care Risk Management (PAHCRM). Mr. Keris took office on January 1 and will serve a one-year term. An affiliate of the American Society for Healthcare Risk...
January 12, 2015
Marshall Dennehey Warner Coleman & Goggin announced today the expansion of its Ohio health care practice with the additions of Stacy Ragon Delgros, Shareholder, and Kenneth W. McCain, Associate, to the firm's Cleveland office. Both attorneys focus their practices on medical malpractice defense...
October 3, 2014
Daniel J. Sherry, shareholder in the Health Care Department in Marshall Dennehey's King of Prussia office, was inducted into the International Academy of Trial Lawyers (IATL) at the organization's recent international meeting. The IATL's purpose is to cultivate the science of jurisprudence, promote...
September 12, 2014
Matthew P. Keris, shareholder in our Scranton office,  has authored the book, Electronic Medical Records and Litigation, published this month by Thomson Reuters Legal. The book is a brand new offering from the legal publisher that provides attorneys, physicians, health care claims professionals,...
July 31, 2014
Three Marshall Dennehey shareholders have received top honors in the 2014 edition of Pennsylvania Super Lawyers magazine. For the eighth consecutive year, Daniel J. Sherry, shareholder in the firm's King of Prussia office, has been named to the "Top 100 Attorneys in Pennsylvania" and the "Top 100...

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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-...
Seminar Sep 13, 2013
The Risk Management Fall Education Forum is designed to provide participants with a review of current issues in claims management, risk financing, patient safety and loss prevention across the health care enterprise. The Pennsylvania Association for...
Seminar Nov 7, 2013
Please join us at our complimentary Health Care Department seminar on Thursday, November 7, 2013. This day-long seminar covers current topics in health care liability and health law in Pennsylvania, New Jersey and Delaware. AGENDA 11:30 a.m....
Conference Sep 12, 2014
Michele Primis, a shareholder in the Pittsburgh office, is presenting at the University of Pittsburgh Consortium Ethics Program Weekend Conference: Health Care Law and Clinical Ethics – Practical Approaches. The conference offers an intensive...
Conference Oct 5, 2014
Lynne Nahmani, a shareholder in the Health Care Department, is presenting a concurrent session at the 65th Annual AHCA/NCAL Annual Convention & Expo. "Sex and the Facility: Understanding and Reducing Liabilities" will address the rise...
Conference Oct 26, 2014
Matthew Keris will be speaking at the 2014 American Society for Healthcare Risk Management’s Annual Conference & Exhibition. As a panelist for "EMR Litigation Issues: Where We’ve Been and Where We’re Going," Matt will...
Mar 19, 2015
Shannon Brainard and Keri Morris-Johnston are the featured presenters at the Delaware State Dental Society's monthly membership meeting and dinner. Shannon and Keri will discuss ways to prevent and defend against employment discrimination,...
Seminar Aug 4, 2015
Mark Kozlowski, an associate in the Health Care Department, is speaking at Employment Law: Beyond the Basics, a seminar hosted by Sterling Education Services. With the EEOC cracking down on employee classification and the NLRB redefining Section 7...
Seminar Aug 14, 2015
Lynne Nahmani, shareholder and supervising attorney of the Health Care Department in the Cherry Hill office, will be a featured speaker at the New Jersey State Bar Association's Summer CLEFest. Lynne joins a group of seasoned civil trial...
Seminar Sep 23, 2015
This seminar will review the elements of an informed consent cause of action, under what circumstances expert opinion is necessary to support the claim, and under what circumstances, in light of the Pennsylvania Supreme Court’s recent decision...
Seminar Nov 5, 2015
Please join us at our complimentary health care seminar on Thursday, November 5, 2015. This day-long seminar covers current topics in health care and health law in Pennsylvania, New Jersey and Delaware, including: The Affordable Care Act:...
Seminar Nov 19, 2015
Sharon Campbell-Suplee, a shareholder in the Health Care Department, is presenting at the "Nursing Home Mock Trial: Intricacies of an Asphyxiation Case" seminar, a part of the Meadowlands Seminar. In this mock trial, Sharon's...
Conference Dec 11, 2015
Matt Keris, a shareholder in the Health Care Department, is a featured speaker at the upcoming Association for Healthcare Risk Management of New York fall educational conference. In "Electronic Medical Records – Litigation Nightmares,...
Conference Jun 10, 2016
Matthew Keris, a shareholder in the firm's Health Care Department, is a speaker at the upcoming Northeast Corridor Conference hosted by the American College of Health Care Trustees Philadelphia. Matt is presenting two sessions during the...
Seminar Sep 13, 2016
Leslie Jenny, a shareholder in the Health Care Department in the firm's Cleveland office, is speaking at the 12th Annual Medical Liability Insurance ExecuSummit. Since the implementation of the Affordable Care Act, interested parties are...

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Chair

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

Co-Chair

William L. Banton Jr.
Shareholder
(215) 575-2806
wlbanton@mdwcg.com

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