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Megan J. Nelson

Associate

MJNelson@mdwcg.com

Portrait of Megan J. Nelson

Megan devotes her practice to representing hospitals, physicians, nurses, long-term care facilities, skilled nursing facilities, and other healthcare providers in the defense of medical malpractice and negligence claims, along with premises and general liability claims.

Megan also represents nurses and other medical providers who are facing administrative or regulatory discipline by their governing medical licensing boards.

In addition to health care defense, Megan assists hospitals, long-term care facilities, and skilled nursing facilities with the initiation of petitions for determination of incapacity and the appointment of plenary guardians for patients who are unable to make their own medical and financial decisions. Megan also assists hospitals, long-term care facilities, and skilled nursing facilities with patients and family who "stay against medical advice."

Megan began her career as a firefighter for her hometown volunteer fire department and has utilized her knowledge as a firefighter to represent fire academies in lawsuits.

Megan has been a Registered Nurse since 2010. Before becoming a lawyer, she worked as a neonatal and pediatric critical care nurse in various settings, including the neonatal intensive care unit, pediatric intensive care unit, pediatric cardiac intensive care unit, and pediatric emergency room. She received The Daisy Award For Extraordinary Nurses in August 2013. Her experience also included patients on ECMO (extracorporeal membrane oxygenation) and cardiac bypass. Megan's background in nursing helps to bridge the gap between medicine and the law.

Megan is a frequent lecturer on medical and nursing topics, including incident reporting, guardianships, and AI (artificial intelligence). She is a member of the Florida State Guardianship Association, Central Florida Medical Malpractice Claims Council, and the Orange County Bar Association.

Megan graduated from Del Mar College with an Associate's Degree in Nursing and Texas A&M University Corpus Christi with a Bachelor of Science in Nursing. Megan graduated cum laude from Nova Southeastern University Shepard Broad College of Law with a Juris Doctor.

When she is not working, Megan volunteers her time at The Sanctuary at Lakota Farms, where she helps care for horses that have been rescued.

    • Nova Southeastern University Shepard Broad College of Law (J.D., cum laude, 2019)
    • Texas A&M University-Corpus Christi (B.S., 2014)
    • Del Mar College (ADN, 2009)
    • Florida, 2019
    • Central Florida Medical Malpractice Claims Council
    • Florida State Guardianship Association
    • Orange County Bar Association
    • Was successful in having a Florida Rule 5.900 Petition for Expedited Judicial Intervention Concerning Medical Treatment Procedure granted. The alleged incapacitated person had been medically cleared for discharge to a skilled nursing facility. However, his brother, who had been appointed as the health care surrogate and power of attorney, had refused to consent to his brother's transfer to any skilled nursing facility. After numerous unsuccessful attempts by the hospital case management team to transfer the patient, Megan was retained to file a Florida Rule 5.900 Petition for Expedited Judicial Intervention Concerning Medical Treatment Procedures. After the emergency evidentiary hearing, the court granted the petition and ordered the brother to consent to the transfer of the patient to a skilled nursing facility.
    • “Protecting Patients in Real Time: A Guide to Rule 5.900 Petitions,” Florida Hospital Association’s General Counsel Roundtable, June 30, 2026
    • The Latest on Medical AI Innovation, Legal Liability and Claims, Florida Society for Healthcare Risk Management & Patient Safety Annual Meeting & Education Conference, Orlando, FL, August 14, 2025
    • Tort Reform: Where Do We Go From Here?, Florida Society for Healthcare Risk Management & Patient Safety Annual Meeting & Education Conference, Orlando, FL, August 16, 2024
    • Adversity in the World of Adverse Incident Reporting: A Panel Discussion on Reporting Requirements and Addressing Related Discovery, Florida Society for Healthcare Risk Management & Patient Safety Annual Meeting & Education Conference, Orlando, FL, August 13, 2021
    • Florida Nursing License

Results

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Summary Judgment for Daycare Center in Wrongful Death Case.

We prevailed on a motion for summary judgment related to the duty owed to a minor business invitee in an alleged wrongful death. The plaintiff, the personal representative of the estate of a minor, filed a wrongful death claim alleging the defendant daycare center breached its duty to exercise the reasonable care owed to the minor while he was under the care and supervision of the center. The plaintiff alleged the defendant center’s employees failed to render aid when the minor collapsed, including failing to train its employees, and failing to notify emergency personnel in a timely manner. We successfully argued that the defendant did not breach its duty to exercise reasonable medical care as its employees were CPR certified and immediately responded when an employee witnessed the incident. The mother of the minor arrived immediately after the collapse and held onto him until EMS arrived. The call to the EMS team was made within three minutes of the collapse and the employees reassessed the minor while he was in the mother’s arms and determined the minor was breathing. The minor was breathing until EMS arrived. Sadly, the minor passed away of natural causes. After reviewing the defendant’s motion for summary judgment and hearing our argument, the judge granted the motion for summary judgment, and the case was dismissed.

Thought Leadership

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The Quarterly Dose

From Bedside to Bar

June 11, 2026

Tyler R. Price, Esquire Former Nationally Registered Paramedic Working in emergency medicine demanded sharp critical thinking — recognizing life-threatening conditions, delivering timely interventions, uncovering relevant medical history, and shaping a treatment plan that aligned with a patient’s ultimate needs. I was taught to always “bring a shovel” to every encounter, because careful digging almost always revealed the details that mattered most. As an attorney, I still bring that shovel. Thorough investigation and deliberate “digging” into the facts of each case are essential to understanding potential theories of liability, assessing exposure, and evaluating every viable defense. Examining a case from multiple angles and points in the timeline allows me to appreciate how each fact fits into the broader strategy. Although I’m no longer making split second medical decisions, the same disciplined approach guides my litigation work. Every detail counts. For every client, in every matter, my goal is to identify the key facts that allow us to build the strongest possible defense. My training in emergency medicine gave me the tools, mindset, and discipline that now make me an effective litigator. Megan J. Nelson, Esquire Registered Nurse My nursing career has been a significant asset to my work as a medical malpractice defense attorney. A Registered Nurse since 2010, I have extensive, hands-on clinical experience across high-acuity settings. My background in neonatal and pediatric critical care (including work in the NICU, PICU, pediatric cardiac ICU, and pediatric emergency department) and experience managing critically ill patients (including those requiring ECMO and cardiac bypass) gives me a practical understanding of complex medical care, clinical decision-making, and the realities of fast-paced health care settings often central to malpractice claims. This firsthand knowledge allows me to analyze medical records with precision, communicate effectively with experts and providers, and identify nuances that may be overlooked by those without clinical training. In my current work on Rule 5.900 petitions for expedited judicial intervention regarding medical treatments, this clinical foundation is especially critical, as I am often tasked with effectively “educating” the court during emergency hearings—translating complex medical conditions, interventions, and risks into understandable terms for the judge. I am also able to prepare providers for testimony in a way that ensures clarity and accuracy under pressure. Ultimately, my clinical foundation enables me to bridge the gap between medicine and law, strengthening my ability to build compelling defenses grounded in real-world health care practice.

Documentation Do’s and Don’ts: Know What Really Matters

January 1, 2026

“Document, document, document!” is the mantra of healthcare risk management. If it was not documented, did it really happen? If it was documented, was it documented properly? Knowing the right and wrong ways to document can make the difference when defending a malpractice claim or conducting a root cause investigation.

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Court Allows Recklessness and Punitive Damages Claims to Proceed After Work‑Zone Crash

In a case where a defendant filed preliminary objections against allegations of recklessness and punitive damages, the Susquehanna County Court of Common Pleas denied these preliminary objections. This case stems from a motor vehicle accident, where the defendants car struck the plaintiffs car after the defendant allegedly fell asleep at the wheel, going at a high rate of speed, through a construction work zone. Defendant first objected to the general allegations throughout the plaintiff’s complaint pertaining to “reckless” conduct contending that there were insufficient factual allegations to support the claim of reckless conduct. Defendant next objected to the plaintiffs claim for punitive damages, as punitive damages may only be assessed against a motorist for falling asleep while driving if there is further evidence to prove driver was aware of their drowsiness and risk of falling asleep. Lastly, defendant objected to plaintiffs complaint, claiming it lacked specificity. The court here found that the plaintiff had included in the complaint specific allegations related to the defendant’s alleged recklessness, including allegations regarding speeding in a work zone, almost striking the flagger, falling asleep at the wheel, and striking the plaintiffs vehicle which was stopped. Additionally, the court noted that falling asleep does not come without warning. The court found that these allegations were sufficient to support an allegation of recklessness at the pleadings stage.

Thought Leadership

Supreme Court of Pennsylvania Holds That Public Policy Does Not Prevent Insurance Coverage for Sex Trafficking Claims

On July 21, 2026, the Supreme Court of Pennsylvania issued an opinion emphasizing the limited circumstances in which courts may invoke public policy to bar insurance coverage, holding in Samsung Fire & Marine Insurance Co., Ltd. (U.S. Branch) v. RI Settlement Trust that Pennsylvania public policy does not preclude coverage for claims alleging that insureds enabled or profited from human sex trafficking. The decision rejects a line of federal district court decisions predicting otherwise and reinforces that Pennsylvania courts will invoke the public policy doctrine only in the clearest of circumstances. RI Settlement is particularly significant because it arose on certified questions from the United States Court of Appeals for the Third Circuit, giving the Supreme Court the opportunity to resolve an issue on which federal courts had predicted Pennsylvania law differently. RI Settlement arose out of four separate civil complaints in which the underlying plaintiffs alleged that, as minors, they were the victims of human sex trafficking at various hotels in Philadelphia. The plaintiffs claimed that the hotel owners were negligent in failing to stop the sex trafficking from happening at their hotels. After the filing of the lawsuits, the hotel owners sought coverage under their Commercial General Liability policies. The insurers initially defended the hotels under Reservation of Rights letters, though the carriers later filed Declaratory Judgment actions seeking declarations that they did not owe a duty to defend or indemnify. In short, the insurers argued in the alternative that they did not owe any obligation to provide coverage based upon Pennsylvania public policy (because the claims violated the Human Trafficking Law – 18 Pa.C.S. § 3011) and the terms and conditions of the policy. On motions for judgment on the pleadings, the District Court found for the insurers on the basis of public policy: There is no duty to defend or indemnify against actions arising out of an insured's criminal conduct related to the sex trafficking of minors. The Court appreciates that it may make public policy the basis of a judicial decision only in “the clearest of cases.” See Minnesota Fire & Cas. Co. v. Greenfield, 589 A.2d 854, 868 (Pa. 2004) (quoting Hall v. Amica Mut. Ins. Co., 648 A.2d 755, 760 (Pa. 1994)). Yet, the Court strains to imagine a clearer case than the one presented here in which the facts alleged indicate that Policyholders engaged in criminal conduct in violation of Pennsylvania's Human Trafficking Law. The hotel owners appealed the matter to the Third Circuit, which petitioned the Supreme Court of Pennsylvania to grant review of two certified questions of law: (1) whether Pennsylvania law had an “overriding public policy” against sex trafficking, such that an insurer’s duty to defend and/or indemnify is abrogated when an insured is alleged to have enabled or profited from such trafficking; and (2) if yes, is that duty abrogated whenever the insured’s alleged conduct would constitute a violation of the Pennsylvania Human Trafficking statute. Importantly, the certified questions did not ask the Supreme Court to determine whether the policies afforded coverage under their terms. Rather, the court was asked only whether Pennsylvania public policy independently barred coverage. As a result, the court assumed for purposes of answering the certified questions that the insurers otherwise owed a duty to defend and addressed only the public policy issue, leaving all policy-based coverage defenses for further proceedings. Because the court concluded that the answer to the first certified question was “no”, it did not reach the second issue. In reaching its determination that Pennsylvania public policy does not prohibit insurance coverage for sex trafficking claims, the court limited the impact of its decision in Minnesota Fire & Cas. Co. v. Greenfield, 855 A. 2d 854, 855 (Pa. 2004), which the RI Settlement opinion emphasized as having been an “Opinion Announcing Judgment of the Court” – or a plurality opinion. In Greenfield, the insured homeowner was sued by the estate of his houseguest who overdosed from heroin that he sold to her. The matter wound its way to the Supreme Court, which determined that the insurer did not owe a duty to defend or indemnify based upon Pennsylvania public policy, which criminalized the sale and use of heroin as a Schedule I narcotic. In RI Settlement, the court “decline[d] the invitation” to extend the rationale of the three-justice plurality in Greenfield beyond cases involving Schedule I controlled substances. In so holding, the justices in RI Settlement refused to “divine an overriding public policy pronouncement by the General Assembly by virtue of its enactment of the Human Trafficking Law.” The opinion further states that it is not “within the purview of this Court to rank the magnitude of the public policy underlying the various crimes defined in the Crimes Code. It is sufficient for the work of the courts to know that the General Assembly has identified conduct it deems harmful and dangerous to the maintenance of an orderly society and criminalized it.” While the court declined to declare that Pennsylvania public policy prohibits coverage for sex trafficking claims, the opinion in RI Settlement expressly states that insurers are free to include appropriate exclusionary language for such causes of actions in their policies if they desire to do so. It will certainly be interesting to see whether the insurance industry accepts the court’s invitation, or perhaps whether the Pennsylvania legislature steps in to clarify that sex trafficking claims are indeed of the type or magnitude that they should not be covered by insurance. In any event, we will, of course, continue to monitor this and other insurance coverage issues that arise before courts in Pennsylvania, New Jersey and throughout our firm’s geographic footprint and around the country.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

News

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Thought Leadership

New Jersey Appellate Division Affirms Exclusion of Legal Malpractice Expert as Impermissible Net Opinion

Jack Slimm and Jeremy Zacharias obtained a favorable decision on behalf of their client in a case centering on the admissibility of expert testimony in legal malpractice actions. In Martin v. Loury, the New Jersey Appellate Division affirmed the exclusion of a plaintiff's legal malpractice expert, holding that the expert's opinions on causation and damages were too speculative to support the malpractice claim. The legal malpractice action arose from an underlying employment dispute involving claims for damages stemming from the breach of an employment agreement. The plaintiff alleged that defense counsel committed malpractice during a second trial by failing to recall the plaintiff as a rebuttal witness after the employer's CEO testified. According to the plaintiff's expert, additional rebuttal testimony would have bolstered the plaintiff's damages claims and led to a more favorable result. Both the trial court and the Appellate Division rejected that theory. The courts found that the expert could not explain how the proposed rebuttal testimony would have altered the outcome of the underlying case or resulted in any additional recoverable damages. Notably, the trial judge in the underlying employment matter had already rejected the CEO's testimony as not credible and had accepted the damages analysis advanced by the plaintiff. The court had also determined that the amount of damages was not genuinely disputed. As a result, the expert's opinion that additional rebuttal testimony would have produced a better outcome was unsupported by the record and based on speculation rather than evidence. The Appellate Division agreed that neither the plaintiff nor the expert could identify any actual damages attributable to the alleged malpractice or demonstrate the required element of proximate causation. The court further upheld the trial court's application of New Jersey's net opinion doctrine, finding that the expert failed to provide the necessary "why and wherefore" supporting his conclusion that the attorney's conduct caused a compensable loss. Because the opinions rested on unquantified possibilities rather than demonstrable facts, they were inadmissible. Key Takeaway for Legal Malpractice Defendants For attorneys and firms defending legal malpractice claims, Martin v. Loury underscores the importance of closely scrutinizing an opponent's expert report on the critical elements of proximate causation and damages. The decision demonstrates that a malpractice claim cannot survive where an expert merely speculates that different litigation tactics might have produced a better result. Instead, the plaintiff must present admissible expert testimony grounded in the record that explains how the alleged attorney error probably changed the outcome of the underlying matter and resulted in measurable damages.

Casey Alan Coyle Joins Marshall Dennehey's PA Appellate Practice as a Shareholder in Harrisburg and Philadelphia

News

Marshall Dennehey Expands Leading Pennsylvania Appellate Practice With Addition of Shareholder Casey Coyle

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent