Attorney Profile
Matthew P. Keris
Areas of Practice
Contact Info
Overview
Matthew has defended health care providers, businesses and device manufacturers in civil litigation for more than two decades. He is a shareholder in the firm's Health Care Department and Chair of the Electronic Medical Record and Audit Trail Practice Group. He has the privilege of trying the first Pennsylvania civil jury trial to verdict during the COVID-19 Pandemic in July 2020.
Matt has provided legal commentary for a number of organizations including NBC News, Thomson Reuters, the American Society for Healthcare Risk Management, The Legal Intelligencer, Law 360, ED Legal Letter, Risk Review, Litigation Management, Counterpoint and Becker’s Hospital Review. Matt also serves as an editor of the health risk management journal, Patient Safety.
Matt is the President of the DRI Foundation, which focuses on wellness and charitable interests affiliated with the Defense Research Institute. In 2023, he was the recipient of the DRI Foundation Community Service Award, which honors a DRI member who has demonstrated a commitment to the well-being of the general public by initiating or participating in programs which have a positive impact on the community. Matt is also a former DRI board member and currently serves on the Insurance Roundtable and Diversity Scholarship committees. In addition, Matt is a former President of the Pennsylvania Defense Institute and continues to serve as a co-chair of the Medical Professional Liability Committee. He twice served as President of the Pennsylvania Association for Health Care Risk Management and is an active member of the Claims & Litigation Management Alliance and American Legal Connections.
Results
Received a unanimous defense jury verdict within thirty minutes of deliberation in a five-day fire-loss subrogation trial. This case was one of the first Pennsylvania civil jury trials held during the COVID-19 pandemic. Taking into account safety and social distancing protocols, jury selection took place in a local school auditorium, two witnesses presented testimony via Zoom, and everyone present in the courtroom was subject to temperature screenings and required to wear a face covering. Given the current national health situation, this trial could serve as an example of how the court system and counsel can adapt to the changing health and legal landscape.
Obtained entry of judgment of non pros based on the plaintiff’s failure to timely and properly file a Certificate of Merit (COM) in accordance with Pa.R.C.P. 1042.3 on behalf of a nursing home chain and its consulting company. With the Complaint, plaintiff attached an expert report from a nursing expert but did not attach a COM. Defendants filed a Notice of Intent to Enter Judgment of Non Pros, and judgment was subsequently entered. The plaintiff then filed a Petition to Strike/Open the Entry of Judgment of Non Pros, arguing that the expert report attached to the Complaint constituted a COM. The defense successfully fought the plaintiff’s attempts to open the judgment. The Court ultimately found that plaintiff’s repeated failures to comply with the applicable rules placed their case “beyond the purview of equitable relief,” and therefore reinstated the entry of judgment and dismissed plaintiff’s Complaint with prejudice.
Received a defense verdict in less than one hour in a dental malpractice case involving allegations of the use of excessive force and the failure to obtain the patient’s informed consent after a patient’s jaw was fractured during a molar extraction. It was admitted that jaw fracture was a known risk of the extraction, but that the dentist did not warn the patient of this risk. It was also conceded that the dentist caused the fracture. Lastly, the patient’s damages were not contested, which included the pain and suffering associated with the fracture and permanent numbness to the lower jaw. On cross-examination of the patient’s seasoned expert, he was confronted with prior inconsistent testimony regarding his experience in extracting molars and his opinion that all risks of a procedure need to be shared with the patient. Further, the expert agreed with the defense’s argument that the risk of jaw fracture of an erupted right lower molar was less than .0009% and the patient had a better chance of dying from complications associated with the extraction than suffering a fracture. The jury was persuaded by the defense’s arguments early in the case due to the thorough cross-examination of the patient’s expert.
Received defense verdict in a wrongful death and survival medical malpractice arbitration involving a single mother in her twenties from toxic shock syndrome. The plaintiff was admitted to a hospital facility with a provisional diagnosis of anaphylaxis secondary to a medication allergy. The patient deteriorated under the supervision of a nurse practitioner while on a telemetry unit and was eventually transferred to the intensive care unit. The patient succumbed to her condition several days later. There was a substantial future economic damage and pain and suffering component to the case given the plaintiff’s young age, rapid decline and extent of necrosis (face, upper and lower extremities).
Obtained a defense verdict in a nursing negligence claim. The plaintiff alleged to have suffered a fall in a hospital bathroom three days post-operatively that re-injured his surgically repaired knees. The nurses denied the patient fell to the ground and testified, consistent with their charting, that the patient lost balance in the bathroom and sat on a commode. There was a significant economic damage claim in that the plaintiff was a young restaurant owner who suffered two distinct orthopedic injuries that required multiple surgeries and additional future care. The jury returned a defense verdict 50 minutes after deliberation began, finding that the nurses were not negligent.
Obtained a defense verdict in a medical malpractice trial involving a middle-aged mother of two who was allegedly left a quadraparetic and wheelchair-bound as a result of a physician’s failure to timely diagnose and treat an infectious process of the cranial nerves and cerebellum. The plaintiff argued that as a result of the alleged negligence, she needed home health care for the rest of her life and submitted expert testimony arguing for the recovery of boardable future medical expenses totaling $4 million and past and future pain and suffering. The last settlement demand was $2 million. No settlement offers were made prior to or during trial.
Successfully argued for the dismissal of punitive damages and Scampone corporate negligence claim against a Pennsylvania nursing home involving a resident who was injured while undergoing physical therapy at the facility. At the conclusion of considerable discovery yielding thousands of pages of administrative documents and multiple corporate defendant witnesses and former employees of the facility, summary judgment was granted as to plaintiff’s claims that neglect, lack of appropriate staffing and the facility owner’s general desire to make a profit over patient care caused or contributed to her injuries. In light most favorable to the plaintiff, the court held that the resident did not link the allegations of neglect and understaffing to her injuries which occurred in an acute incident during physical therapy. In addition, the court rejected the possible imposition of punitive damages, citing deposition testimony from the plaintiff about her interactions with the nursing home staff that was inconsistent with conduct warranting the imposition of punitive damages and the opinions of her own experts.
Thought Leadership
Medical Record Audit Trail Data and Inspections: What to Do When Data and Inspections are Requested in Litigation, panelist, Florida Society for Healthcare Risk Management and Patient Safety annual meeting; Orlando, FL, August 24, 2023
Criminal Prosecutions: Dobbs and the Future of Care, American Legal Connections Healthcare Symposium, Atlanta, GA, July 27, 2023
Mistake or Crime?: The Criminalization of Healthcare Errors, panelist, Medical Professional Liability Association Conference, New Orleans, LA, May 18, 2023
AI Liability: What is Brewing and What We Will See, University of Rochester webinar, April 21, 2023
Best Practices for an Audit Trial Expert Deposition, co-presenter, American Legal Connections, webinar, April 6, 2023
Defending Rule 30(b)(6) Corporate Designee Depositions, co-presenter, ALC Regional Meeting, Atlanta, GA, March 23, 2023
Criminalization of Medical Errors - Will it Make Us Safer?, co-presenter, Hospital Insurance Federation, Annual Meeting, Scottsdale, AZ, March 20, 2023
Legal and Ethical Pitfalls in Managing Dual Civil and Criminal Investigations, DRI Medical Liability and Health Care Law Seminar, Chicago, IL, March 10, 2023
Relationships Matter: A Frank Discussion of Hot Button Issues Facing Claims Professionals and Counsel, panelist, DRI Insurance Roundtable, Chicago, IL, March 8, 2023
Artificial Intelligence in Healthcare: The Good, Bad, and Ugly, SCAHRM webinar, March 28, 2023
Fostering a Culture of Success: How to Get Your Lawyers’ and Staff’s Mindset from Surviving to Thriving, co-presenter, Association of Legal Administrators, Philadelphia Chapter webinar, January 26, 2023
The New Liability Issues of Artificial Intelligence in Health Care, Ethicon, a division of Johnson and Johnson, webinar, December 12, 2022
Recent Cases Warn Defendants Not to Become Lost on the Audit Trail, American Legal Connections webinar, December 1, 2022
It’s Not All About the Virus: Defending “Other” COVID-19 Pandemic Claims, ASHRM Annual Conference, Boston, MA, September 13, 2022
Legal and Technical Arguments to Manage, Explain and Defend Audit Trail Information, DRI Senior Living and Long-Term Care Litigation Seminar, Nashville, TN, September 9, 2022
"Managing Parallel Criminal and Civil Investigations," American Legal Connections Healthcare Risk and Litigation Symposium, Atlanta, GA, July 28, 2022
"Litigation Risks Associated with AI in Healthcare," Thomson Reuters webinar, June 27, 2022
"Artificial Intelligence and Dentistry: Protecting Yourself From Liability," client webinar, June 16, 2022
"Risks and Legal Aspects of Artificial Intelligence in Health Care," Ohio Hospital Association Annual Meeting, Columbus, OH, June 14, 2022
A New Frontier: Maintaining Transparency and Defenses Following the RaDonda Vaught Criminal Verdict, CHART Institute virtual conference, June 7, 2022
New Risks With the Application of Artificial Intelligence to Medicine, Washington Healthcare Risk Management Society Annual Meeting, Seattle, WA, June 3, 2022
RaDonda Vaught: What Happened and What Can We Learn From Her Trial, virtual lesson, Duke University School of Nursing, June 2, 2022
A Hard Task: Balancing Transparency While Avoiding Liability Following the RaDonda Vaught Criminal Verdict, webinar, West Virginia ASHRM Chapter, May 20, 2022
Artificial Intelligence in Healthcare: Revolutionary or Risky?, panelist, Medical Professional Liability Association Annual Meeting, Salt Lake City, UT, May 13, 2022
The New Reality - Managing the EMR and Audit Trail, panelist, New England Regional Healthcare Risk Management Conference, Groton, CT, May 2, 2022
A Discussion on the RaDonda Vaught Criminal Trial, panelist, New England Regional Healthcare Risk Management Conference, Groton, CT, May 2, 2022
Best Practices for Balancing Transparency While Avoiding Liability Following the RaDonda Vaught Criminal Verdict, American Society for Healthcare Risk Management, national webinar, April 15, 2022
Liability Issues with Artificial Intelligence in Healthcare Litigation, American Legal Connections, national webinar, January 27, 2022
Anticipated Liability Risks of Artificial Intelligence in Healthcare, ASHRM Annual Conference, October 4 (live session) and October 26, 2021 (virtual session)
Healthcare Acquired Infections in Nursing Homes and Hospitals: Standards of Practice, Claims, Defenses, Damages, Strafford Legal Publications National Webinar, October 19, 2021
Coming Soon: AI Issues in Healthcare Liability Claims, Pennsylvania Association for Healthcare Risk Management, September 17, 2021
The Risks and Legal Aspects of Artificial Intelligence in Healthcare, Hospital Insurance Federation webinar, May 19, 2021
The Future is Here: AI and Healthcare Claims, South Carolina Chapter of the American Society of Healthcare Risk Management webinar, April 23, 2021
Integrating Health Care and Technology: Apps, Medical Devices and AI, client webinar, February 18, 2021
Artificial Intelligence in Medicine: Risk Management and Litigation Issues, online continuing education conference, Pennsylvania Patient Safety Authority, January 12, 2021
It’s Not All About the Medicine: The New Scrutiny on Your EMR Documentation, presented at a virtual meeting of the Luzerne/Lackawanna Medical Society, November 18, 2020
The Return of Jury Trials: The Current State of Jury Trials in the Age of COVID-19, national teleconference for American Legal Connections (ALC), November 12, 2020
Learn From Those Who Know: Jury Trial Tactics During the COVID-19 Pandemic, DRI National Remote CLE, September 15, 2000
Lessons and Observations Made From a Socially-Distanced Jury Trial During the COVID-19 Pandemic, Inaugural PDI Remote CLE, September 10, 2020
Lessons Learned in with EMR Discovery, Hospital Insurance Federation (HIF), September 9, 2020
Managing EMR and Audit Trail Discovery, LAMMICO Defense Panel Meeting, August 20, 2020
Preparing A Claim for Trial: How Recent Issues, Decisions and Trends Are Impacting Litigation Outcomes, client webinar, June 4, 2020
“Warning Fatigue” Now a Matter of Criminal Liability: The Radonda Vaught Story, Pennsylvania Patient Safety Authority Webinar, May 24, 2020
Telehealth and Documentation in the Time of COVID-19: Information and Best Practices to Protect Patients and Clinicians webinar, May 14, 2020
The Defense Strikes Back: Managing EMR and Audit Trail Discovery, 2019 ASHRM Annual Conference, Baltimore, MD, October 14, 2019
Frankenstein's Monster: National Scrutiny on EMR Warning Workarounds, Pennsylvania Association for Health Care Risk Management (PAHCRM) Fall Conference, Penn State Berks Campus, Reading, PA, September 13, 2019
Warning: Fatigue Now a Matter of Criminal Liability: The Radonda Vaught Story, co-presenter, Pennsylvania Association for Health Care Risk Management (PAHCRM), July 12, 2019, Bedford, PA
Back to the Future: What the Proposed Venue Changes Mean for Health Care Provider Defendants, Co-Presenter, Pennsylvania Defense Institute Webinar, February 6, 2019
"Litigation Landscape: Your GPS for Avoiding Legal Action," In Session with Allied World, Winter 2023
"Sanctions Against Health System Demonstrate That It's Time to Get Serious About Audit Trail Discovery," Journal of Healthcare Risk Management, August 18, 2022
"Evolution of the EMR: The Integration of AI in Medicine," The Legal Intelligencer, March 28, 2022
"Artificial Intelligence in Medicine Creates Real Risk Management and Litigation Issues," Journal of Healthcare Risk Management, September 2020
"A Civil Jury Trial During the Pandemic: Observations From Those Who Know," The Legal Intelligencer, August 7, 2020
"Report From the Trenches: Defending Patient Falls in Acute Care Settings," Becker's Hospital Review, August 28, 2018
"Negligent Advice of a Class III Medical Device Sales Rep," The Legal Intelligencer, Medical Malpractice Supplement, April 11, 2017
"A Pandora’s Box: The EMR’s Audit Trail," Counterpoint, newsletter of the Pennsylvania Defense Institute, February 2017
"It Ain’t Over ‘Til It’s Over: Judge Wettick Affirms Practice of Limiting Deposition Opinions of Defendant Physicians," Defense Digest, Vol. 22, No. 4, December 2016
"Wake Me Up!! I've Had Enough!! Litigation Nightmares With the Electronic Medical Record," The Risk Management Quarterly, newsletter of the Association for Healthcare Risk Management of New York, Inc. (AHRMNY)
"EMR's and Litigation: Issues Decided and What's Next?" The Legal Intelligencer, Medical Malpractice Supplement (page 5), April 12, 2016
Electronic Medical Records and Litigation, published by Thomson Reuters Legal, September 2014
"OMG?! The Impact of Social Media on the Tripartite Relationship," Co-Author, Litigation Management Magazine, Spring 2013
"What's It Worth? Best Practices in Defending Economic Damages in the Catastrophic Accident," Co-Author, Litigation Management Magazine, Fall 2012
"Reducing Medical Malpractice E-Discovery Issues and Costs," The Legal Intelligencer, February 14, 2012
"A View From the Trenches: Discovery Issues With Electronic Medical Records," Risk Rx, Special Edition on the Electronic Health Record, University of Florida, Vol. 8, No. 1 January-March, 2011; and Florida Hospital Association's Risk Review, August 23, 2011
"AI Offers Opportunities and Risks for Providers, Organizations and MPL Carriers," Inside Medical Liability, Third Quarter 2022
"LPN Found Not Guilty in Gait Belt 'Abduction' Case," McKnights Long-Term Care News, September 1, 2022
"Civil vs Criminal Indictments - What You Need to Know," ASHRM Blog, May 23, 2022.
"Misdiagnosis Top Allegation in Aortic Dissection Malpractice Claims," ED Legal Letter, March 2021
"Kentucky Mom Alleges Hospital Workers Missed Her Cancer -- Then Covered Up Their Mistake," NBC NEWS, March 4, 2021
"Suspicious Changes to ED Chart Become Central Focus of Malpractice Lawsuit," ED Legal Letter, November 1, 2020
Malpractice Risks During COVID-19: 'Really Enormous' for ED Providers, ED Legal Letter, May 2020
"Both Sides Claim Win After Inconclusive Med Mal Venue Study," Law360, February 4, 2020 (subscription required)
"Hospital Sole Defendant in Some ED Malpractice Claims," ED Legal Letter, December 2019
"Philly or Not - Victims Face Long Odds in PA Med-Mal Cases," Law360, March 1, 2019
"Multiple Defendants in ED Claim? Often, Conflicts Are Inevitable," ED Legal Letter, September 1, 2019