Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
Hospital Must Disclose Fired Nurse’s Personnel File in PA Medical Malpractice Case
Posted in Pennsylvania Law Monitor
Access to a nurse’s personnel file became a key issue in a recent PA medical malpractice wrongful death and survival action. In Snyder v. DeCesare, the Court of Common Pleas of Lackawanna County considered whether plaintiffs were entitled to disclosure of the personnel file of defendant Heather Shingler, RN. Plaintiffs… Continue reading
Updating Reinforcing Steel and Post-Tensioning Standards
Posted in Pennsylvania Law Monitor
Industry stakeholders, contractors, and industry associations recently provided testimony at an OSHA public hearing regarding reinforcing steel and post-tensioning standards. As reported by The Ironworker, the rationale for pursuing new standards is: The current OSHA standard written in 1971 is antiquated and only contains three references specifically pertaining to reinforcing… Continue reading
Residents’ Return to 24-Hour Shifts Rekindles Controversy Over Patient Care
Posted in Pennsylvania Law Monitor
On March 10, 2017, the Accreditation Council for Graduate Medical Education (ACGME) announced that first-year doctors will be allowed to work 24-hour shifts in hospitals starting July 1, 2017. The cap that has limited shifts to 16 consecutive hours of patient care since 2011 will be lifted. The 80-hours-per-week cap… Continue reading
Osteo Relief Institute Jersey Shore Employees Failed to Wash Hands and Reused Syringes
Posted in Pennsylvania Law Monitor
As reported by philly.com, New Jersey Department of Health investigators have released a preliminary report finding that that the Osteo Relief Institute Jersey Shore in Wall Township deviated from multiple infection control guidelines issued by the Centers for Disease Prevention and Control. The report indicates that the clinic’s disregard of… Continue reading
What are the Negative Consequences of Hoarding in a Community Association?
Posted in Pennsylvania Law Monitor
Hoarding is a psychological condition where: 1) individuals have difficulty getting rid of possessions that are no longer useful; and 2) efforts to discard these possessions and not acquire new items cause distress. Television shows such as Hoarding: Buried Alive and Hoarders display in alarming detail the negative emotional and… Continue reading
Restitution Under the Pennsylvania Human Trafficking Statute
Posted in Pennsylvania Law Monitor
I am concluding my Pennsylvania Human Trafficking Statute blog series with important information about restitution to victims. Also, as explained below, pursuant to the statute, victims of human trafficking may be eligible for benefits and compensation under the Crime Victims Act.
Pennsylvania Justices to Review Waiver of Liability in Triathlete Wrongful Death Case
Posted in Pennsylvania Law Monitor
The Pennsylvania Supreme Court will hear an appeal from the dismissal of a wrongful death lawsuit brought by the widow of Derek Valentino, a triathlete who drowned in a 2010 event organized by Philadelphia Triathlete LLC. The Court will determine whether the wrongful death claims brought by Mr. Valentino’s widow… Continue reading
Pennsylvania Court to Reconsider Denial of Attorney-Client Privilege for Email to Consultant
Posted in Pennsylvania Law Monitor
The Pennsylvania Superior Court will reconsider its ruling that attorney-client privilege does not apply to an email from a hospital’s attorney to its public relations firm. The discovery dispute in the case involved a document generated by outside counsel pertaining to a public announcement planned by the hospital. The announcement… Continue reading
What Damages Are Available Under the PA Human Trafficking Statute?
Posted in Pennsylvania Law Monitor
This is the fifth in a series of posts summarizing the civil causes of action available under the PA Human Trafficking Statute. Thus far, I have addressed who can sue under the statute, who can be sued, and the powerful list of “nondefenses” provided within the statute. This post addresses… Continue reading
Do We Need More Uniformity in Newborn Screening in the US?
Posted in Pennsylvania Law Monitor
![M. Smith](https://www.stark-stark.com/wp-content/uploads/2016/02/photo__1251876_msmith-web-125x150.jpg)
According to the March of Dimes, each year more than 12,000 newborns are identified as having a condition detected through newborn screening. Newborn screening is the practice of testing every newborn for certain genetic, metabolic, hormonal, and functional conditions. If diagnosed early, many of these conditions can be successfully managed,… Continue reading