Pennsylvania medical malpractice laws Archives

Pennsylvania Appellate Court Reinstates Emergency Room Mental Health Malpractice Case Against Hospital

August 29, 2026

On January 5, 2024, Alexandro DaSilva went to the emergency room at the defendant hospital and stayed into the next day. The nursing staff evaluated him and noted his unusual behavior and him making very odd statements. When Alexandro’s nurse left him to care for another patient, Alexandro walked [...]

Pennsylvania Appellate Court Grants New Trial For Medical Malpractice Plaintiff Where Settling Defendants Not Dismissed Before Trial

February 4, 2026

The Superior Court of Pennsylvania stated in its non-precedential decision filed on December 15, 2025: “[T]he entitlement for settling defendants to remain as parties to an action in order to establish their status as joint tortfeasors, and then have a jury apportion liability among those part[...]

Pennsylvania Appellate Court Holds Medical Malpractice Plaintiff’s Improper Opening Statement Requires New Trial

November 26, 2025

On April 6, 2021, 72-year-old Ronald Lewis underwent open vascular surgery at Reading Hospital for the purpose of repairing abdominal aortic aneurisms. Dr. Robert Q. Luo performed the surgery, and soon after it was completed,Lewis reported severe pain, swelling, and discoloration in his left foot th[...]

Pennsylvania Appellate Court Affirms Nonsuit During Medical Malpractice Trial

September 18, 2025

In March 2017, Dr. Gregory J. Roscoe, an ear, nose, and throat specialist, performed surgery on Tammy G. Simbeck to remove her right submandibular saliva gland, which is one of the three saliva glands. In the subsequent six weeks, Simbeck regularly reported to the emergency room of the hospital, whe[...]

Pennsylvania Appellate Court Orders Disclosure Of Patient Safety Records In Medical Malpractice Case

March 8, 2024

The Superior Court of Pennsylvania, in a non-precedential decision filed on December 15, 2023, held: “based on our interpretation of section 311(a) and the record in this appeal, we hold that a party claiming a document is protected under section 311(a) need not demonstrate a patient safety co[...]

Pennsylvania Supreme Court Amends Medical Malpractice Venue Rules

November 24, 2022

Court Amends Malpractice Venue Rules: On August 25, 2022, the Supreme Court of Pennsylvania adopted amendments to Pennsylvania Rules of Civil Procedure 1006, 2130, 2156, and 2179 governing venue in medical professional liability actions. Pa.R.Civ.P. 1006(a.1) was adopted in 2002 and provided that �[...]

Pennsylvania Appellate Court Applies No Felony Conviction Recovery Rule To Affirm Dismissal Of Medical Malpractice Case

May 7, 2022

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its opinion dated January 26, 2022: “the Medical Defendants contend that the trial court erred in overruling their preliminary objection seeking dismissal of all claims for compensatory damages. The Medic[...]

Pennsylvania Medical Malpractice Lawyer’s Failure To Timely Cure Shortcomings In Certificate Of Merit Dooms Claim

April 2, 2022

The Superior Court of Pennsylvania held in its non-precedential Memorandum decision filed on February 10, 2022 in a Pennsylvania medical malpractice case where the plaintiff’s certificates of merit required by Pa.R.C.P. 1042.3 completely omitted the confirmatory language required by Rule 1042.[...]

Pennsylvania Supreme Court Holds Res Ipsa Loquitur Doctrine And Direct Evidence Are Not Mutually Exclusive

January 25, 2022

In its opinion dated December 22, 2021, the Supreme Court of Pennsylvania Middle District (“Pennsylvania Supreme Court”) stated in a medical malpractice case it was deciding: “res ipsa loquitur boils down to this: Under certain circumstances a plaintiff may turn to the jury and ask[...]

Pennsylvania Appellate Court Rules Plaintiff’s Expert Was Qualified In Medical Malpractice Case

March 11, 2021

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) concluded in its non-precedential Memorandum decision filed on January 22, 2021 that the plaintiff’s subsequent treating neurosurgeon was qualified to provide a certificate of merit in her medical malpractice case,[...]

Pennsylvania Appellate Court Reinstates Medical Malpractice Case Filed After Two-Year Statute Of Limitations Expired

September 11, 2020

In its opinion dated July 30, 2020, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated, “In its order granting the Conaboy Defendants’ motion for summary judgment, the trial court held that because Mrs. Whitman died of an abdominal aortic aneurysm, and the[...]

Pennsylvania Supreme Court Applies Two-Year Statute Of Limitations From Date Of Death In Nursing Home Death Case

December 10, 2017

In a case decided on November 22, 2017, the Supreme Court of Pennsylvania Eastern District (“Pennsylvania Supreme Court”) held that Section 513(d) of MCARE establishes a two-year statute of limitations for medical professional liability cases in the form of wrongful death or survival act[...]

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Tag: Pennsylvania medical malpractice laws