Last month, in Mertis v. Oh, the Supreme Court of Pennsylvania held that a physician subpoenaed for deposition in a malpractice case does not have unfettered discretion in choosing his or her attorney. Rather, the Supreme...more
Efforts by defendants to challenge venue in Philadelphia took another backwards step this week when the Superior Court of Pennsylvania reversed a Philadelphia Court of Common Pleas’ order transferring venue to Bucks County....more
Last Friday, in Lahr v. Lehigh Valley Hosp., the Superior Court of Pennsylvania issued an unpublished opinion once again narrowly interpreting the scope of the statutory privilege applicable to patient safety reports prepared...more
Last week, the Supreme Court of Pennsylvania issued yet another opinion making it easier for plaintiffs to choose preferred venues to sue corporations. Continuing a trend that has emerged over the last several years, the...more
On Tuesday September 12, 2023, the Superior Court of Pennsylvania issued a published opinion interpreting, for the first time, the scope of the statutory privilege applicable to patient safety reports prepared under the...more
On August 25, 2022, the Supreme Court of Pennsylvania issued an Order amending Rules 1006, 2130, 2156, and 2179 of the Pennsylvania Rules of Civil Procedure, all of which pertain to venue in civil actions. The court’s...more
Since the passage of the Medical Care Availability and Reduction of Error (“MCARE”) Act nearly two decades ago, healthcare providers in Pennsylvania have been required to establish procedures and protocols for investigating...more
In two recently released opinions, the Superior Court of Pennsylvania held that a personal injury lawsuit including related allegations of emotional harm, in and of itself, is insufficient to waive the statutory...more
The Supreme Court of Pennsylvania has ruled that the records of any hospital committee which performs a peer-review function are entirely exempt from discovery in Leadbitter v. Keystone Anesthesia Consultants, Ltd., Pa., 2021...more
The COVID-19 pandemic has thrust upon the healthcare industry countless profound and likely permanent changes, not the least of which is in telehealth. Over the next several months, White and Williams will publish a series of...more
6/19/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
FCC ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicaid ,
Medicare ,
OCR ,
Popular ,
Telehealth ,
Telemedicine
Monday, February 3rd, the Legislative Budget and Finance Committee, a joint committee of the Pennsylvania General Assembly, released its long-anticipated study examining the potential impact of the proposed repeal of the...more
In late December 2018, the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania announced a proposal to rescind the medical malpractice venue rule which, for the past 16 years, has required all medical...more
On May 13, 2019, proponents of the current medical malpractice venue rule in the Pennsylvania General Assembly introduced House Bill No. 1063. If passed, this bill would limit the personal jurisdiction of Pennsylvania courts...more
The December 22, 2018 proposal by the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania to repeal the medical malpractice venue rule, Pa. R. Civ. P. 1006(a.1), which requires medical malpractice actions to...more
The proposal by the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania to repeal the medical malpractice venue rule, Pa. R. Civ. P. 1006(a.1), which requires medical malpractice actions to be brought in the...more
The Commonwealth of Pennsylvania was facing a healthcare crisis as of 2002 due, in part, to costly medical malpractice litigation which was impairing the ability of Pennsylvania healthcare institutions to provide quality care...more
Pennsylvania law limits the amount of damages recoverable in tort actions against Commonwealth agencies and local agencies under the Sovereign Immunity Act and the Political Subdivision Tort Claims Act, respectively. Pursuant...more
The Pennsylvania Political Subdivision Tort Claims Act (PSTCA), 42 Pa. C.S.A. §§ 8541, et seq. generally provides local governmental agencies in Pennsylvania with qualified immunity for tort liability. However, this statute...more