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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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Oct 26, 2009
Attorney secured a defense verdict in a jury trial on behalf of two neurosurgeons, a neurologist, and a hospital in a medical malpractice case involving the death of a 22-year old man from an undiagnosed ruptured cerebral aneurysm. 
Oct 12, 2009
Attorney obtained a defense verdict in a medical malpractice case.  After lacerating his index finger at work at a grocery store, plaintiff presented to the Emergency room, where he was treated by our client, the Emergency room physician.  Treatment...
Sep 28, 2009
Attorney obtained a defense award in favor of the physician-client in a recent arbitration.  Plaintiff alleged that the physician (an internist practicing alternative medicine) had failed to appropriately treat her pneumonia, leading to lung damage...
Jun 16, 2009
Attorney obtained a defense verdict The attorney represented an ophthalmologist (retinal surgeon) who performed surgery on the plaintiff for the removal of a foreign body from his eye.  The plaintiff went on to develop an infection and ultimately...
Jun 16, 2009
Attorney obtained a defense verdict in a case where he represented an emergency medicine physician and a hospital.  A 23 year old male presented with complaints suggestive of hypothermia and drug ingestion.  The plaintiff was worked up and...
Mar 13, 2009
Attorneys achieved a defense verdict on behalf of their hospital-client. Plaintiff had alleged negligence in the interpretation of a mammogram, claiming damages relating to an eleven month delay in the diagnosis of her breast cancer. The jury found...
Feb 23, 2009
Attorneys successfully defended a dentist investigated by the Department of Professional Regulation. They obtained a "no probable cause" letter from the DPR after responding to the Department's investigative inquiries.
Feb 23, 2009
Attorney obtained a defense verdict at trial in a medical malpractice case. The case involved allegations of failure to advise the patient of the increased risk of retinal detachment following performance of a YAG laser procedure and of the failure...
Dec 1, 2008
Attorney obtained a defense verdict after a week of trial. Plaintiff sued an Obstetrician/Gynecologist alleging that her ureter was injured during a hysterectomy, and that the physician did not timely diagnose the injury. Plaintiff's injures and...
Nov 3, 2008
Attorneys obtained a defense verdict at a 2-week medical malpractice trial on behalf of the ED physician and the hospital. Plaintiff's decedent, age 52, died from a thoracic aortic dissection. The claim was that the diagnosis was delayed which...

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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 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...
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...
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...

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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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