Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?
Posted in Pennsylvania Law Monitor
A physician cannot perform a surgery or other medical procedure on a patient without first obtaining the patient’s informed consent. Informed consent means that the patient was advised of the risks, benefits, and alternatives to the procedure and, knowing these, made the decision to undergo the procedure. A physician can… Continue reading
Knocked Down and Injured by a Dog – Now What?
Posted in Pennsylvania Law Monitor
Most people are aware that a dog owner can be sued if his dog bites you. But what if a dog runs up to you, jumps on you, and knocks you down, causing injury? That scenario highlights the difference between injuries from dog bites and injuries that occur from a… Continue reading
Florida Supreme Court Strikes Down Cap on Medical Malpractice Damages
Posted in Pennsylvania Law Monitor
The Supreme Court of Florida held that the state’s statutory caps on personal injury noneconomic damages in medical negligence actions violate the Equal Protection Clause of the Florida Constitution. The statute, section 766.118, set noneconomic damages caps of $500,000 per claimant in personal injury or wrongful death actions arising from… Continue reading
What Does PA’s Medical Marijuana Act Mean for My Company?
Posted in Pennsylvania Law Monitor
Pennsylvania’s Medical Marijuana Act was enacted in May 2016 (the “Act”). Under the Act, patients with serious medical conditions, such as cancer, HIV/AIDS, Parkinson’s Disease, Multiple Sclerosis, and severe chronic or intractable pain, are authorized to use medical marijuana to treat their condition after obtaining a certification from a physician… Continue reading
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.
