Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
The Ongoing Saga of Preliminary Objections to Complaints on the Basis of Unidentified Agents, Servants, Employees, Physicians, etc.
Posted in Pennsylvania Law Monitor
For those of us who practice in the world of medical negligence, it is almost routine to receive Preliminary Objections from the defense moving to strike all allegations that contain references to unidentified agents, servants, employees, attending physicians, nursing staff, and other support staff. Despite what seems to be clarity… Continue reading
Commonwealth Court Upholds Philadelphia’s Definition of a Family for Zoning Purposes
Posted in Pennsylvania Law Monitor
A recent Commonwealth Court case involving a pair of residential properties has aptly demonstrated that not every residential property in Philadelphia can be automatically utilized for student housing. This case in question is Schwartz v. Philadelphia Zoning Board of Adjustment, 2015 Pa Commw. Lexis 413 (2015). In Schwartz, two properties… Continue reading
Corporate Negligence in Medical Malpractice
Posted in Pennsylvania Law Monitor
In 1991, corporate negligence was recognized as a cause of action by the Pennsylvania Supreme Court in the case of Thompson v. Nason Hospital. Corporate negligence is a doctrine under which a hospital is liable if it fails to uphold the proper standard of care owed a patient. This “standard… Continue reading
Philadelphia Trial Court Rules Family Practitioner Cannot Testify
Posted in Pennsylvania Law Monitor
The Honorable Karen Shreeves-Johns of the Court of Common Pleas of Philadelphia recently ruled that a primary care physician cannot be qualified to testify as an expert on laser spine surgery. The case involved a motor vehicle accident in which the plaintiffs sought to have a Family Practitioner testify with… Continue reading
Gross Negligence for Georgia ER Negligence Cases
Posted in Pennsylvania Law Monitor, Personal Injury
In Georgia, by statute, a plaintiff must prove gross negligence, rather than just ordinary negligence, in order to prevail in a medical malpractice case alleging negligence in a hospital Emergency Room. Gross negligence is a higher standard than ordinary medical negligence, making it more difficult for a plaintiff to establish… Continue reading
Court Rules that Sentinel Event Report to JCHAO is not Privileged
Posted in Pennsylvania Law Monitor
UPDATE – Since I originally wrote this piece, the defendant in this case filed a motion for reconsideration and, in June, the Court granted that motion, ultimately reversing the previous decision regarding the sentinel event report. Continue to visit our blog for further updates on the developing law regarding the discoverability of… Continue reading
Recovering Condominium and Homeowners Association Fees Due Prior to Sheriff’s Sale
Posted in Pennsylvania Law Monitor
Under Pennsylvania statute, when real estate subject to homeowner’s association assessments or condominium association assessments is sold at sheriff’s sale, the homeowner’s association or condominium association is entitled to recover delinquent assessments/charges accruing in the six (6) months prior to the sheriff’s sale. All other assessments/charges accruing prior to the… Continue reading
Surgical Complications vs. Surgical Mistakes
Posted in Pennsylvania Law Monitor
Not every complication which occurs during or as a result of surgery is actionable under the law. Some complications are foreseeable and a risk of certain procedures. In addition, just because a surgery is unsuccessful does not mean that a surgeon was negligent. However, many complications are the result of… Continue reading
Good News for Commercial Lenders: Your Open-End Mortgage Could Have Priority
Posted in Pennsylvania Law Monitor
The Pennsylvania Legislature recently enacted legislation which amends portions of the Mechanics’ Lien Law, 49 P.S. § 1101, et. seq. (“MLL”), and provides a statutory fix to the Kessler decision. The Superior Court of Pennsylvania’s decision in Commerce Bank/Harrisburg, N.A. v. Kessler, issued in May 2012, caused a fundamental change… Continue reading
Legal Custody and the Special Needs Child
Posted in Pennsylvania Law Monitor
Legal custody allows you as a parent to make major decisions on behalf of your child. If your child has special needs, legal custody provides you the right to have a voice in your child’s special education program at school. Children identified as having a need for special education and… Continue reading
