Health Care Liability

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Recognition

Marshall Dennehey's health care attorneys have a reputation for excellence in defending health care liability matters. In September 2018, the firm's New Jersey Health Care Department was named a finalist in The American Lawyer's 2018 New Jersey Regional Litigation Department of the Year competition. 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, Connecticut and New York, including:

  • Physicians
  • Registered nurses
  • Certified registered nurse anesthetists
  • Dentists
  • Oral surgeons
  • Midwives
  • Psychologists
  • Podiatrists
  • Chiropractors
  • Physical therapists

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, 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.

Robin Snyder
Robin B. Snyder, Chair
Modestine_Donna
Donna M. Modestine, Co-chair

Plaintiff in med mal action must present expert testimony explicitly establishing standard of care in med mal context; cannot rely only on expert testimony in original workers’ comp case that complained surgeries were not medically necessary.

Philadelphia - Headquarters
Health Care Liability
The plaintiff was injured at work, herniating discs in her spine. She underwent an anterior cervical discectomy and fusion procedure performed by the defendant, Dr. Salkind. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Dismissal of all claims on the eve of trial where EMT plaintiff’s demand was $10 million.

Emergency Medical Services
Health Care Liability

The plaintiff was an Emergency Medicine Technician who was severely assaulted during an ambulance transport of a minor patient to a psychiatric facility. The client-physician had discharged the minor patient with orders for sedation and restraints, if needed, during transport. The plaintiff alleged these discharge orders were insufficient and violated standard of care. Our attorneys successfully argued that under Pennsylvania’s Mcare Act our client-physician did not owe a duty to the plaintiff-EMT, only to the minor patient.

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Successful defense of surgical center per patient death.

Health Care Liability

We successfully defended a surgical center in a case involving the death of a 56-year-old woman after shoulder surgery. The plaintiff claimed that the procedure should not have been performed at the surgical center due to the decedent’s comorbidities. The plaintiff also claimed that the decedent was post-operatively given an overdose of opioids, which caused respiratory distress and death. The defense argued that the decedent was appropriately monitored after having been given pain medication and that her death was not a result of an opioid overdose.

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Urgent care facility dismissed from wrongful death lawsuit.

Health Care Liability

The suit involved the death of an infant following a visit to an urgent care facility. It was alleged the child was improperly discharged following examination and should have been emergently transferred to a hospital for evaluation of peritonitis and a malrotation of the gut. Dismissal was granted on the basis of the plaintiff’s failure to timely comply with the statutory pre-suit requirements prior to bringing the lawsuit.

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Defense verdict for physician in the Eastern District of Pennsylvania.

Health Care Liability

The plaintiff alleged that a physician in the Lehigh County jail failed to properly treat his chronic back pain, and that the physician exhibited a deliberate indifference to his serious medical needs. Specifically, the plaintiff contended that he should have received a spinal cord stimulator during his incarceration. After two days of testimony, the jury returned a defense verdict, agreeing with the defense’s position that the physician did not exhibit a deliberate indifference to the plaintiff’s serious medical needs.

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Directed verdict in Florida med-mal case.

Health Care Liability

We obtained a directed verdict in a medical malpractice case after successfully challenging the plaintiff’s nursing expert’s qualifications to render standard of care opinions against a certified emergency nurse. The plaintiff, a 61-year-old female with an undisclosed history of seizures, returned to the emergency department with complaints of nausea, vomiting and abdominal pain. While she was being worked up, she got out of bed without calling for assistance, had a seizure and fell face forward. She sustained a subarachnoid hemorrhage and subdural hygromas.

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News

New Jersey Litigation Leader David G. Tomeo Joins Marshall Dennehey’s Roseland Office as a Shareholder in the Health Care Department

David G. Tomeo, a litigation leader with more than 30 years of experience across New Jersey, Pennsylvania and New York, has joined Marshall Dennehey’s Roseland office as a shareholder in the firm’s Health Care Department. Previously, he chaired the Litigation Department and served as General Counsel at a Livingston, New Jersey based firm. 

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Marshall Dennehey Appoints Robin B. Snyder and Donna M. Modestine to Lead the Firm’s Health Care Department

Marshall Dennehey announced today that shareholders Robin B. Snyder and Donna M. Modestine have been appointed leaders of the firm’s Health Care Department, effective January 1, 2023. Snyder, formerly Assistant Director of the Department, was elevated to Director and Modestine is now Assistant Director. In this capacity, they will manage and supervise the firm’s 65+ health care attorneys throughout 14 of the firm's 19 offices.

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