Stetts v. Manor Care of Williamsport PA, Pa. No. 16-0983 (C.P. Lycoming March 18, 2022) (Linhardt, J.)  The procedural history of this case is discussed at length in this Court’s December 30, 2021 Opinion and Order addressing Defendants’ Motion to Remand to Compulsory Arbitration and Defendants’ Motion for Partial Summary Judgment. In that Opinion and […]

Medical Malpractice and the Mental Health Procedures Act (MHPA) Leight v. Univ. of Pittsburgh Physicians, 2018 Pa. Super. LEXIS 1410 (December 31, 2018) Colville, J. Order affirmed by the Superior Court dismissing the case. The Leights do not allege that UPP or Pitt was negligent in its examination or treatment of the patient while he […]

Nicolaou v. Martin, No. 44 MAP 2017 (Pa. S. Ct. October 17, 2018) Baer, J.  This appeal presents the issue of whether Appellants Nancy and Nicholas Nicolaou (collectively referred to as “Plaintiffs”) satisfied the discovery rule so as to toll the running of the statute of limitations on their medical malpractice action filed against Appellee […]

Barnhill v. Storm, 2018 Phila. Ct. Com. Pl. LEXIS 35 (June 1, 2018) Massiah-Jackson, J.  Defendant Children’s Hospital of Philadelphia (“CHOP”) filed a motion for partial summary judgment on the issue of corporate negligence.  First, the defendant asserted that the expert report submitted by plaintiff Barnhill was based on speculation and conjecture and was inadmissible.  […]

Tong-Summerford v. Abington Memorial Hospital, 2018 Pa. Super. LEXIS 68 (January 30, 2018) Stevens, P.J.E.  This case involved a feeding tube which was positioned in the left lung erroneously.  This caused the patient’s death.  The verdict was $5M, with 30% to wrongful death claim and 70% to the survival claim.  The expert testimony at trial […]

Robert Dubose v. Quinlan, 2017 Pa. LEXIS 3125 (November 22, 2017) Mundy, J.  Statute of limitations for medical professional liability cases in the form of wrongful death or survival actions is two years from the time of decedent’s death.  Accordingly, the Superior Court judgment is affirmed.  Date of death of this nursing home patient was […]

Ronald Green, Executor of the Estate of Joseph Fusco, appealed a Superior Court Order affirming the trial court’s grant of a nonsuit in favor of defendant hospital and doctors.  The Supreme Court reversed and remanded for further proceedings.  Decedent arrived at the hospital complaining of short breath, rapid breathing and wheezing.  He was admitted to […]

Ashok Padhiar, MD, appealed from an order granting motion to compel discovery.  The Superior Court reversed and remanded for further proceedings.  Dr. Padhiar operated on plaintiff patient for gangrene.  The doctor had been arrested at least 8 times for driving under the influence in Illinois, Michigan, Ohio and Pennsylvania.  Because of his addiction and subsequent […]