Publications
Ohio 8th District Court of Appeals Affirms Trial Court Ruling that Non-Economic Damages Cap on Catastrophic Injuries Is Unconstitutional as Applied
On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of an infection he contra
[1] A party may challenge the constitutionality of a statute in two ways: facially or as applied. A facial challenge applies to every conceivable circumstance in which the statute would be valid.
Legal Updates for Health Care Liability – February 25, 2025
Forum Non Conveniens Motion Prevails Despite Recent Venue Rule Change
On January 1, 2023, the Supreme Court of Pennsylvania unraveled a 20-year venue rule applicable to medical professional liability cases.
Legal Updates for Health Care Liability – March 13, 2024, has been prepared for
New Guidance from Pennsylvania’s Superior Court for Establishing Factual Basis to Transfer Venue
Since the Supreme Court of Pennsylvania’s August 25, 2022, order changed the venue rules in medical malpractice cases—from requiring that cases be filed “only in a county in which the cause of action arose” to applying the same venue standards tha
Legal Updates for Health Care Liability – October 17, 2023, has been prepared for our readers by Marshall Dennehey.
Long-Term Care Facility Faces Criminal Scrutiny for Early COVID-19 Actions
On March 14, 2023, the Los Angeles County District Attorney announced multiple felony criminal charges would be filed against a nursing home facility and three of its administrators for their handling of a COVID-19 infected patient during the earl
Legal Update for Health Care Liability – March 20, 2023,
Medical Malpractice Venue Rule Overturned
By Order dated August 25, 2022, effective January 1, 2023, the Supreme Court of Pennsylvania amended Pennsylva
Legal Update for Health Care Liability - August 26, 2022, has been prepared for our readers by M
Pennsylvania Supreme Court Resuscitates Peer Review Privilege
In Leadbitter v. St. Clair Hospital et al., No.
Updates for Health Care Liability - August 18, 2021, has been prepared for our readers by Marshall Dennehey Warner Coleman & Legal Goggin.
Superior Court Further Dilutes Protection Provided to Privileged Documents Under Peer Review Protection Act
Last week, the Pennsylvania Superior court decided Ungurian v. Beyzman, et.al., 2020 Pa. Super.
Legal Update for Health Care Liability - May 4, 2020, has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
Help for Dentists Navigating the Uncharted Waters of COVID-19
According to the Centers for Disease Control and Prevention (CDC), COVID-19 is a respiratory illness thought to spread between people who are in close contact with one another (within about six feet) through respiratory droplets produced when an i
Legal Update for Health Care Liability - April 24, 2020, has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.