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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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Sep 21, 2015
Won a defense verdict in a health care liability trial in Pennsylvania. The plaintiff claimed she underwent unnecessary foot surgery that not only exacerbated ongoing complex regional pain syndrome (CRPS), but also resulted in the amputation of...
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...
Jun 8, 2015
Marshall Dennehey's attorneys were victorious in a health care matter in the trial courts and before the New Jersey Superior Court Appellate Division. The plaintiff had a congenital heart condition, bicuspid aortic valve disease, which put him...
Jun 8, 2015
Obtained a defense verdict after a five-week medical malpractice trial in New Jersey. The plaintiffs alleged that our clients, an emergency medicine physician and a nurse practitioner, failed to diagnose and test for a subarachnoid hemorrhage (brain...
Feb 16, 2015
Obtained a defense verdict in favor of a podiatrist who was claimed to have made a delayed diagnosis of melanoma of the foot in a 65-year-old male patient, resulting in lymph node involvement and metastasis to the lungs. The defendant treated his...
Feb 16, 2015
Obtained a unanimous defense verdict on all counts after a five-week medical malpractice trial on behalf of a cardiothoracic surgeon. The suit against the surgeon and co-defendants alleged deviations from the standard of care relating to the...
Sep 29, 2014
Obtained a defense verdict on behalf of an orthopedic surgeon in Pennsylvania following 40 minutes of jury deliberation.  The case involved the death of a 45-year-old wife and mother who suffered a tibial plateau fracture in a fall at her home...
Jun 10, 2014
Obtained a defense verdict on behalf of a surgeon following a two-week trial in a medical malpractice case. The plaintiff, who had a longstanding history of pelvic pain that had not responded to conservative treatment, underwent a total abdominal...
Jun 10, 2014
Obtained a defense verdict in a two-week health care liability trial in Pennsylvania. The plaintiff, whose decedent suffered a stroke and later died from pulmonary embolism, sued the primary care physician, the small community hospital where her...
Jun 10, 2014
Achieved a defense verdict following a two-week health care liability trial in Pennsylvania. The plaintiff brought a medical malpractice case against her gynecologist, a radiologist and a suburban Philadelphia hospital. The plaintiff claimed that...

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Law Alerts October 1, 2018
The Pennsylvania Supreme Court granted review in this matter to determine whether or not the Pennsylvania Superior Court committed an error of law when it reversed and remanded the matter for a new trial, directing the trial court to exclude..., Case Law Alerts, 4th Quarter, October 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 October 1, 2018
The plaintiff appealed the Appellate Division’s decision which reversed the trial court’s order that the plaintiff was entitled to redacted hospital documents later found to be reports that were the product of “self critical..., Case Law Alerts, 4th Quarter, October 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...
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 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...
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...
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...
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...

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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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