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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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Dec 6, 2016
Obtained a defense verdict in a medical malpractice case in the U.S. District Court for the Middle District of Pennsylvania. ​The plaintiff alleged to be permanently disabled and in a wheelchair, requiring home health care for the rest of her life,...
Dec 6, 2016
Obtained a defense verdict in a complicated medical malpractice case in Ohio. We represented a radiologist who interpreted a brain MRI for a woman who was believed to have suffered a Transient Ischemic Attack. The radiologist did not report any...
Aug 25, 2016
Obtained summary judgment in a medical malpractice case on behalf of a family practice physician consulted to provide medical management for a female patient admitted to the hospital’s mental health unit. On the fourth day of the patient...
Aug 25, 2016
Obtained a defense verdict in state court in Montgomery County involving aspiration pneumonia suffered by the plaintiff during a routine colonoscopy. We represented the gastroenterologist who had nothing to do with the administration of anesthesia....
Apr 21, 2016
Defense verdict in a health care liability case following a six-week jury trial where the demand was $12 million at the onset of trial. The plaintiff, a 44-year-old woman, claimed our internal medicine physician was negligent in failing to order a...
Apr 21, 2016
Obtained a unanimous defense verdict in Bucks County, Pennsylvania on behalf of an emergency department physician who allegedly failed to diagnose a severe fracture of the tibial plateau shortly after the plaintiff claimed to have been pushed into a...
Jan 22, 2016
Obtained a defense verdict in a medical malpractice action against a bariatric surgeon. The plaintiff had initially named the anesthesia and nursing teams as defendants; however, they were all dismissed before trial. The surgeon client...
Jan 22, 2016
Obtained a defense verdict on behalf of a hospital in a New York medical malpractice case involving an 82-year-old female admitted for aortic valve replacement.  She was discharged to a sub-acute rehab (SAR) facility but was readmitted seven...
Sep 21, 2015
Obtained dismissal of a medical malpractice action in its entirety based on the "Two-Disease Rule." The case involved clear liability for lost breast biopsy samples by a hospital nurse. The complaint did not state that the plaintiff...
Sep 21, 2015
Obtained a defense verdict in a binding arbitration in Pennsylvania. The plaintiff alleged negligence against a hospital and its radiologist in the interpretation of a mammogram, claiming that it caused a year's delay in the diagnosis of...

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Defense Digest Article September 4, 2018
Defense Digest, Vol. 24, No. 3, September 2018 By Nicholas A. Rimassa, Esq.* Key Points: New Jersey Appellate Devision explores distinctions between medical malpractice cases based upon deviation from applicalbe standard of care and...,   Defense Digest, Vol. 24, No. 3, September 2018. 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...
Defense Digest Article June 1, 2018
Defense Digest, Vol. 24, No. 2, June 2018 By Rachel C. Freedman, Esq. and John C. Farrell, Esq.* Key Points: The Superior Court’s decision in Moody may make it more difficult for trial courts to successfully order venue transfers..., In Moody v. Lehigh Valley Hospital-Cedar Crest, et al., 179 A.3d 496 (Pa.Super. 2018), the Superior Court of Pennsylvania departed from Supreme Court of Pennsylvania precedent regarding venue transfer on forum non-conveniens grounds. It consequently...,   Defense Digest, Vol. 24, No. 2, June 2018. 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 April 6, 2018
Law Alerts April 1, 2018
The plaintiffs failed to provide an Affidavit of Merit within the required 120 days. The trial court granted the defendant’s motion to dismiss. After retaining new counsel, the plaintiffs moved to vacate the order of dismissal, arguing their..., Case Law Alerts, 2nd Quarter, April 2018 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 April 1, 2018
The Pennsylvania Supreme Court granted review to determine whether or not the Pennsylvania Superior Court committed an error of law in: (1) holding that a health care system client waives the work-product protection when its counsel exchanges pre-..., Case Law Alerts, 2nd Quarter, April 2018 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...
Defense Digest Article March 1, 2018
Defense Digest, Vol. 24, No. 1, March 2018 By Craig A. Stone, Esq.* Key Points: The Pennsylvania Supreme Court has ruled that the applicable statute of limitations for medical professional liability cases in which wrongful death or..., Defense Digest, Vol. 24, No. 1, March 2018. 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...
Defense Digest Article March 1, 2018
Defense Digest, Vol. 24, No. 1, March 2018 By Chanel A. Mosley, Esq.* Key Points: Supreme Court of Florida renders decision regarding peer review records of health care facility or provider. The court’s opinion is death..., Defense Digest, Vol. 24, No. 1, March 2018. 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...
Law Alerts January 19, 2018
In a sharply divided 4-3 decision, the Florida Supreme Court struck in its entirety § 766.1065(3)(E) of the mandatory HIPAA authorization which a plaintiff is required to provide to a defendant during pre-suit. The section at issue permitted ex..., Case Law Alerts, 1st Quarter, January 2018 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 January 19, 2018
The plaintiff’s allegation was not that the cardiologist failed to properly interpret the echocardiogram or made any misdiagnoses of the plaintiff’s condition. Rather, the allegation was that the cardiologist failed to timely return the..., Case Law Alerts, 1st Quarter, January 2018 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...

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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....
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...

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Conference Apr 6, 2017
Rasheen Davis and Teresa Sachs are presenting at the upcoming Personal Injury Potpourri conference, hosted by the Dispute Resolution Institute. Rasheen will discuss how to avoid statute of limitations problems and Teresa will present important case...
Seminar Apr 21, 2017
Matthew Keris, a shareholder in the Health Care Department, is speaking at the PACHRM Spring Conference on April 21. In "Be Careful What You Wish For: The Fair Share Act and Hospital Liability," attendees will learn: How jury verdicts...
Conference Aug 10, 2017
Janice Merrill and Chanel Mosley are presenting "The Defense Bar Strikes Back: EMRs & eDiscovery Risk Management," at the 37th Annual Florida Society for Healthcare Risk Management and Patient Safety Annual Meeting & Education...
Conference Sep 19, 2017
Matt Keris, a shareholder in the Health Care Department in the firm's Scranton office, is speaking at the 13th Annual Medical Liability Insurance ExecuSummit. Nearly ten years after the call for the adoption of the electronic medical record (EMR...
Seminar Nov 4, 2017
Julia Klubenspies is presenting "The Use of Medical Literature at Trial" during the 21st Annual Medical Malpractice Update, hosted by the New Jersey Institute for Continuing Legal Education. The seminar is designed for insurance...
Seminar Nov 9, 2017
Please join us at our complimentary health care seminar on Thursday, November 9, 2017. This day-long seminar covers current topics in health care and health law in Pennsylvania, New Jersey and Delaware, including: Highlights in Pennsylvania...
Seminar Jan 12, 2018
Daivd Henry, Shareholder in our Orlando office, will be presenting with Mindy McLaughlin and Jay Cohen on the topic of "Casting Light on the Dark Art of Mediation - 360 Degrees of Perspective" For more information and to register for this...
Seminar Nov 8, 2018
Stacy Starcher is speaking at the National Business Institute's Medical Malpractice from Start to Finish seminar. In "Proving Your Case – Standard of Care, Causation and Experts," Stacy will discuss  understanding the Doctor...

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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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